Loading...
HomeMy WebLinkAboutcc min 1996/09/17 (2)MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA Tuesday, September 17, 1996 6:17 p.m. 1. ROLL CALL: PRESENT: ABSENT: ALSO PRESENT: CALL TO ORDER Council Chambers Public Services Building Councilmembers Alevy, Moot, Rindone, and Mayor Hotton. Councilmember Padilia. John D. Goss, City Manager; Ann Moore, Acting City Attorney; and Beverly A. Authelet, City Clerk. 2. PLEDGE OF ALLEGIANCE TO THE FLAG. SILENT PRAYER APPROVAL OF MINUTES: August 6, 1996 (Regular City Council Meeting) and August 6, 1996 (Regular Joint Meeting of the City Council/P, edevelopment Agency) MSC (Rindoneatorton) to approve the August 6, 1996 minutes of the Regular Joint Meeting of the City Council/Redevdopment Agency and continue the August 6, 1996 minutes of the Regular City Council Meeting to September 24, 1996 for minor corrections, approved 4-0-1 with Padilla absent. MSC (Rindone/Alevy) to excuse Councilmember Padi!la's absence, approved 4-0-1 with Padilia absent. 4. SPECIAL ORDERS OF THE DAY: a. The Oath of Office was administered by City Clerk Authelet to: M. Kevin O'Neill, Board of Appeals Advisors and Growth Management Oversight Commission; Charles E. Sutherland, Otay Valley Road Project Area Committee (Mfg/Bus); and Jose R. Dovia, Otay Valley Road Project Area Committee (At-Large). CONSENT CALENDAR (Item pulled: 13) BALANCE OF CONSENT CALENDAR, INCLUDING THE CONTINUATION OF ITEM 8 TO A FUTURE DATE, OFFERED BY MAYOR HeRTON, reading of the text was waived, headings read, and approved 4-0- 1 with Moot abstaining on Item I0 and Padilia absent. 5. WRITTEN COMMUNICATIONS: a. Letter from the Acting City Attorney stating that there were no reportable actions taken in Closed Session on 9/10/96. It is recommended that the letter be received and filed. b. Resignation from the Human Relations Commission - Ronald D. Morton. It is recommended that the resignation be accepted with regret and the City Clerk be directed to post immediately according to the Maddy Act in the Clerk's Office and the Public Library. c. Resignation from the Mobilehome Rent Review Commission - Christina Orozco. It is recommended that the resignation be accepted with regret and the City Clerk be directed to post immediately according to the Maddy Act in the Clerk's Office and the Public Library. Minutes September 17, 1996 Page 2 6. RESOLUTION 18432 AUTHORIZING CONDITIONAL TEMPORARY CLOSURE OF A PORTION OF RANCHO DEL REY PARKWAY ON SEPTEMBER 21 AND 22, 1996 FOR THE ORANGE CRATE DERBY - The Bonita Orange Crate Derby Committee is requesting permission for temporary street closure on Rancho del Rey Parkway on September 21 and 22 to conduct an Orange Crate Derby. Staff recommends approval of the resolution. (Chief of Police) 7. RESOLUTION 18433 SUPPORTING THE EXTENSION AND PROGRAMMATIC CHANGES FOR A TECHNICAL ASSISTANCE GRANT FROM THE CALIFORNIA HEALTHY CITIES PROJECT AND ENDORSE A BROAD-BASED PUBLIC POLICY APPROACH TO COMMUNITY IMPROVEMENT AND THE PROMOTION OF A HEALTHFUL ENVIRONMENT FOR CITY RESIDENTS - The Parks and Recreation Department, in collaboration with the Chula Vista Cluster Coordinating Council, Chula Vista Elementary School District, Chula Vista Youth Coalition, and University of California Cooperative Extension - San Diego County 4-H Programs, will establish a community-school based garden project and after-school playground garden activities and curriculum. Based upon the success of the first and second year's California Healthy Cities Project, the City has been invited to file an extension proposal for a third year of funding. Staff recommends approval of the resolution. (Director of Parks and Recreation) 8. RESOLUTION 18434 APPROVING THE TWENTIETH AMENDMENT TO THE AGREEMENT WITH THE SAN DIEGO UNIFIED PORT DISTRICT FOR GROUNDS AND COMFORT STATION MAINTENANCE - On 9/5/95, Council authorized the 19th Amendment to an Agreement with the San Diego Unified Port District for ground and comfort station maintenance at the "J" Street Marina, Bayside Park, and the landscape medians on Tidelands. On 5/29/96, the Sun Diego Unified Port District authorized the 20th Amendment to the Agreement. Staff recommends approval of the resolution. (Director of Parks and Recreation) Continued to a future date. 9. RESOLUTION 18435 DECLARING CITY'S INTENTION TO HOLD A PUBLIC HEARING TO ASCERTAIN WHETHER TO UNDERGROUND OVERHEAD UTILITIES ALONG OTAY LAKES ROAD FROM RIDGEBACK ROAD TO APACHE DRIVE AND SETTING A PUBLIC HEARING FOR THE FORMATION OF UTILITY UNDERGROUND DISTRICT NUMBER 129 FOR OCTOBER 22, 1996 AT 6:00 P.M. - On 11/21/91, Council accepted a report on the City's Utility Undergrounding Conversion Program and appreved a revised list of utility underground conversion projects. The subject section of Otay Lakes Road was ranked as the eleventh utility conversion project in the City's adopted program. Proposed construction work for fiscal year 1996/97 has also improved the project's priority point rating, making the subject street section top priority. On 8/14/96, an Underground Utility Advisory Committee meeting was held at the site to determine the proposed boundary of an underground utility district for the conversion of existing overhead utilities. The districts limits extend along Otay Lakes Road from Ridgeback Road to Apache Drive. Staff recommends approval of the resolution. (Director of Public Works) 10. REPORT REQUEST FOR RELEASE OF TRIP DEFERRAL AGREEMENT, RANCHO DEL REY SECTIONAL PLANNING AREA (SPA) III NEIGHBORHOODS R-6 AND R-7 - RANCHO DEL REY INVESTORS, L.P.- The City and Rancho del Rey Partnership executed the Trip Deferral Agreement in June 1993 which stipulated terms for release. The applicant has indicated, with staffs concurrence, that those terms have be,~n met and is requesting execution of the required release document. Staff recommends approval of the resolution. (Director of Planning and Director of Public Works) RESOLUTION 18436 APPROVING THE FIRST AMENDMENT TO THE TRIP DEFERRAL AGREEMENT FOR RANCHO DEL REY SPA III NEIGHBORHOODS R-6 AND R-7 AUTHORIZING THE MAYOR TO EXECUTE SAME; APPROVING THE FINAL FORM OF THE ASSOCIATED RELEASE OF TRIP DEFERRAL AGREEMENT, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID RELEASE Councilmember Rindone asked staff why the Trip Deferral Agreement was not originally released; that the information would be valuable to all developers; and wanted to be sure that no one was in a worse position because the information had not been released until now. Robert Leiter, Director of Planning, responded that the applicant had not specifically requested it until meanfly, and it was based on the progress that they have now mad~ with regard to the~ various final maps on SPA IlI He said there was only one other project that had a Trip Deferral on it and that was a portion of the EastLake project. The developers are aware of this and would have the same opportunity. Minutes September 17, 1996 Page 3 11. REPORT AFFIRMING TRIAL TRAFFIC REGULATION NUMBER 145 THEREBY AMENDING SCHEDULE VI - PARKING - TIME LIMITED ON CERTAIN STREETS, FOR TWO-HOUR TIME LIMITED PARKING 8:00 A.M. TO 6:00 P.M., EXCEPT ON SUNDAYS AND PUBLIC HOLIDAYS ON A PORTION OF THE NORTH SIDE OF KEARNEY STREET BETWEEN THIRD AVENUE AND CHURCH AVENUE - In January 1996, surf received a written request fwm tho owner of the commercial building at 745 Third Avenue, which has bus'messes that front on Keamey Street, to provide time limited parking on the westerly portion of the two hundred block of Keamey Street. SUrf recommends Council accept the report relative to the amendment of Schedule VI, and making the trial traffic regulation for two-hour time limited parking 8:00 a.m. to 6:00 p.m. , except on Sundays and Public Holidays, on a portion of the north side of Keamey Street between Third Avenue and Church Avenue, a permanent regulation. (Director of Public Works) 12. REPORT PROPOSED CHANGES TO CHULA VISTA TRANSIT (CVT) ROUTES SERVING SOUTHWESTERN COLLEGE TRANSIT FACILITY - Routing and schedule changes are proposed for CVT Routes 705, 709 and 711 to better serve the new transit facility and the EastLake area. SUrf recommends approval of the resolution. (Director of Public Works) 13. REPORT RE-ESTABLISHMENT OF UNIVERSITY TASK FORCE - Council previously directed surf to contact members of the City's University Task Force to determine their interest in parfwipating again on the Task Force in order to review university siting issues. SUrf has obtained a list of members who are interested in participating. Staff recommends Council approve the updated membership list for the University Task Force. (Director of Planning) Councilmember Rindone asked if we still needed a task force and if the opportunity for a UC Campus University still existed. Some information that he had received indicated that staff had afforded two options regarding the MSCP, and a recommendation was nutde by developers to include the 400 acres and that may have negated the City from the opportunity to continue its pursuit for a UC Campus. Mr. Leiter said the draft MSCP Subarea Plan for Chula VisU still considers the 400 acre site at Salt Creek Canyon as a viable site under one of the alternatives that was under consideration. He thought staff had expressed previously that the wildlife agencies have raised serious concerns about that site from an environmental standpoint and have recommended consideration of an alternative site. However, that was certainly not a decision that had been made at this point and a large part of our discussion with the Task Force would be about the issues regarding the current site and the gravity of those issues and also discussion about whether alternative sites were available. MSC (Horton/Rindone) to offer amendments to the list before Council, to add Baby Dalle Hancock (in place of Craig Higgs), Lauren Weidner, Kim Kilkenny, and Debra Patek (in place of Pat Patek. Councilmember Rindone said he would second those nominations with the understanding that anyone else willing to serve ceuld contact the Mayor's office; and if the Mayor felt that there were additional people she would like to recommend, then she'll bring those forward. Mayor Hotton said they also needed to recommend two Councilmembers and Mr. Rindone had expressed interest in participating with her. MSC (Moot/Horton) to add Councilmember Rindone and Mayor Horton to the list, approved 4-0-1 with Padilia absent. MSC (Horton/Moot) to add the name Nick Aguilar to the list, approved 4-0-1 with Padilia absent. * * * END OF CONSENT CALENDAR * * * Minutes September 17, 1996 Page 4 PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 14. PUBLIC HEARING ZAV-96-12; APPEAL FROM PLANNING COMMISSION DENIAL OF A REQUEST FOR A VARIANCE TO INCREASE THE HEIGHT OF A ROOFTOP SIGN FROM 35 FEET TO 42 FEET FOR THE COMMERCIAL BUILDING LOCATED AT 396 "E" STREET IN THE C-T THOROUGHFARE COMMERCIAL ZONE - MARTIN ALTBAUM - This is an appeal from the Planning Commission's denial of a request for a variance to allow the construction of a rooftop sign to 42 feet in height for the commercial building located at 396 "E" Street, within the C-T Thoroughfare Commercial zone. The C-T zone limits the height of rooftop signs to 35 feet above grade. Staff recommends approval of the resolution denying the appeal. (Director of planning) Continued from the meeting of 8/20/96. RESOLUTION 18437 DENYING THE APPEAL AND THEREBY UPHOLDING THE DECISION OF THE PLANNING COMMISSION TO DENY THE REQUEST FOR A VARIANCE TO INCREASE THE HEIGHT OF A ROOFTOP SIGN FROM 35 FEET TO 42 FEET FOR THE COMMERCIAL BUILDING LOCATED AT 396 "E" STREET IN THE C-T THOROUGHFARE COMMERCIAL ZONE Councilmember Rindone stated that he would be abstaining on this item. He had discussed it extensively with the City Attorney, and she would share her opinion on that position. Acting City Attomey Moore stated staff had advised Mr. Rindone to abstain from participating in the matter because he owns property within 750 feet of the project area. * * * * Councilmember Rindone left dais at 6:30 p.m. * * * * Ken Lee, Assistant planning Director, presented the staff report. lttis being the time and place as advertised, the public heating was declared open. ® Martin Altbaum, 396 "E" Street, Chula Vista, stated that he opened Coin Mart Jewelry over 25 years ago and recently moved over to 396 "E" Street. Prior to buying the building in October of 1995, he went to planning and asked them what kind of a sign would be appropriate. They showed him the previous signs that had been there for Central Federal Savings, Coast Savings, and Home Savings and told him that a rooftop sign was appropriate there. He purchased the building. When he went for a permit, he found at that time that staff had forgotten to tell him the laws had changed and that he would need a variance. The building itself was built in 1972 and won the architectural award that year as the nicest building in Chula Vista. Over the last 25 years the City of Chula Vista's portion of the sales taxes from his store has been about a million and one-half dollars. He has 25 employees and thought that was a fairly large economic impact on the area. He was asking for a sign 7 feet lower than the signs that were up there for over 20 years and 7 feet higher than what the code would allow. It was not his original intent to have signs on the sides of the building, but felt that if he did not apply for them he would have no signs at all. He said the rooftop sign was legitimate and the size was correct except that the sign was higher than the City's current code. He had brought a 30 second tape and with Council's permission wanted to show the pictorial part of the sign. The baby's picture had been his logo. Council reviewed the 30 second tape. There being no further public testimony, the public heating was declared closed. Councilmember Moot stated the applicant indicated that there were previous bank signs of a particular height and asked if the applicant was requesting a sign whose height was different than ones that were previously on the building. Minutes September 17, 1996 Page 5 Mr. Lee responded no, as Mr. Altbaum indicated there were several ~nsacial institutions that occupied that site. But with the City's abatetoent program once the land use is changed, then signs have to be brought into conformanee with that land use. It was now past the City's abatement period and all non-conforming signs had been abated. But up to a point they, would have been allowed to simply change the face of the sign. Mr. Altbaum indicated that if he were to lower the sign that it would literally be on the roof. That's tree if you try to retain a 150 square foot sign. Obviously the building is 25 feet in height and if you had a maximum of 35 feet, the sign is 7 feet in width, the you would be roughly 3 feet above the roof. If you were going to have a rooftop sign, and you were going to adhere to the maximum height allowed by code, you would obviously end up with a different configured sign that would be less than 150 square feet, probably in the neighborhood of 100 square feet or less, in order for the proportions to work. But you would want to be at least 5 feet off the base of the roof itself. The staff position was that while the code allows for these types of signs, there are solutions in terms of attaching signs to the facia of the building thitt work well in term~ of identifying that particular location, Mayor Hotton said she had been involved in several businesses where signage was the key to the success of the business. It is an inexpensive way to advertise. In those instances, the purpose is to have greater visibility. But at this particular location, with the larger sign being requested, it would not create greater visibility. Mr. Altbaum responded his original intent was not to have any side signs. The only reason that any side signs were put through Planning was that due to ilIness and he had to have continuances. He knew that ifhe were tomed down this evening, he would go to the next higher authority and that would take about two years; he would end up with no signs, no rootop sign, and no side signs, and would have a bare building. As far as visibility from a distance, people coming from 805 or 1-5 and on "E" Street would see the sign. Size of the sign is perfectly fine legally, the only difference is that it needs to be elevated 7 feet for better visibility. Mayor Hotton asked what if there was a compromise, and he was allowed to raise the sign up a foot or two. Mr. Altbaum responded that he had not thought a compromise was possible but would be happy to try to work something out. If the sign went up an additional 3 feet and he brought the size down a little then maybe that would make people happier. One-hundred and fifty square feet would provide more visibility than 120 square feet. If instead of making the sign 7 feet higher, he went to 3 1/2 feet and reduced the sign down to 20 percent or so, he thought everyone could be happy. Councilmember Moot asked if he had the rooftop sign would he still use the facia signs. Mr. Altbaum responded that he had given a substantial deposit and that the signs were almost finished. There were four signs for four angles to cover, but they are not large enough for tremendous visibility from a long distance away. They are designed for close up and are illuminated. Councilmember Alevy thought Council needed to give staff a chance to work out a compromise rather than giving them specifics, and staff may wish to come hack with a suggestion. MSC (A!evyatorton) to continue the item with stuff to come back with specifics of the new recommendation at a public hearing, approved 3-0-1-1, with Padilia absent and Rindone abstaining. * * * * Councilmember Rindone retumad to the dais at 7:10 p.m. * * * * 15. PUBLIC HEARING ADOPTING OTAY RANCH PRE-ANNEXATION DEVELOPMENT AGREEMENT WITH BALDWIN BUILDERS - The purpose of this item is to present a development agreement with Baldwin Builders. On 6/25/96, the Planning Commission and Council considered a series of development agreements with Village Properties, United Enterprises, Greg Smith, and the Foundation. (The Foundation agreement was subsequently split into three separate agreements). The remaining party who is a property owner of a portion of the Otay Ranch property is Baldwin Builders, which is the trustee for the bankruptcy. Staff recommends Council place the Ordinance on first reading. (Deputy City Manager) Continued from the meeting of 9/10/96. ORDINANCE 2690 ADOPTING OTAY RANCH PRE-ANNEXATION DEVELOPMENT AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE BALDWIN BUILDERS (first reading) MSC CHorton/Alevy) to continue the item to 9/24/96, approved 4-0-1 with Padilia absent Minutes September 17, 1996 Page 6 16.A. RESOLUTION 18416 APPROVING A RESOURCE CONVEYANCE AGREEMENT FOR THE OTAY RANCH SPA I, TRACT 96-04 - (This is a related item. but does not require a public hearing.) B. RESOLUTION 18417 APPROVING THE INDEMNIFICATION AGREEMENT WITH VILLAGE DEVELOPMENT FOR TRACT 96-04 - (This is a related item. but does not r~quire a public hearing). C. PUBLIC HEARING PCS-96-04; CONSIDERATION OF A REVISED TENTATIVE SUBDIVISION MAP FOR THE OTAY RANCH SPA ONE, TRACT 96.04, GENERALLY LOCATED SOUTH OF TELEGRAPH CANYON ROAD BETWEEN PASEO RANCHERO AND THE FUTURE SR-125 ALIGNMENT AND EXCLUDING 288 ACRES IN ASSESSOR PARCEL NUMBER 642-060-11 AND A PORTION OF ASSESSOR PARCEL NUMBER 642-080-11 - Adopt a Second Addendum to and recertify FEIR 95-01 and the First Addendum for Otay Ranch SPA One and Tentative Map for Otay Ranch, Tract 96-04, in accordance with the findings and subject to the condition contained in the draft resolution. Staff recommends approval of resolutions 18417, 18417 and 18398-2. (Otay Ranch Special Planning Projects Manager) Continued from the meeting of 9/10/96. D. RESOLUTION 18398-2 ADOPTING THE SECOND ADDENDUM TO AND RECERTIFYING FINAL ENVIRONMENTAL IMPACT REPORT FEIR 95-01 (SCH #95021012) AND FIRST ADDENDUM, AND READOPTING THE STATEMENT OF OVERRIDING CONSIDERATIONS AND THE MITIGATION MONITORING AND REPORTING PROGRAM FOR THE FEIR AND DENYING APPROVAL OF ALTERNATIVE TENTATIVE MAP PROPOSALS AND APPROVING A REVISED TENTATIVE SUBDIVISION MAP FOR PORTIONS OF THE OTAY RANCH SPA ONE, TRACT 96-04, AND MAKING THE NECESSARY FINDINGS MSC CHorton/Moot) to continue the item indefinitely, approved 4-0-1 with Padilia absent. ORAL COMMUNICATIONS - None. BOARD AND COMMISSION RECOMMENDATIONS - None submitted. ACTION ITEMS 17. REPORT STATUS OF TELEGRAPH CANYON ESTATES (ST. CLAIRE SUBDIVISION) - At a recent Council meeting several problems with Baldwin's St. Claire development were brought to the attention of Council. Those problems include a decline in the condition of the landscaping within Open Space District Number 31, lack of completion of some public improvements, and problems associated with abandonment of houses under construction. Staff recommends Council accept the report and authoriz~ staff to: (1) initiate action to repair, re-vegetate and re-landscape the landscaped slopes, medians and parkways through foreclosure on the bonds for Subdivision Map Numbers 13068, 13069, and 13070 on 10/19/96 when the Subdivision Agreement expires and the developer is in default; and (2) initiate action to abate a potential fire hazard by removing three uncompleted stfitctures adjacent to existing, occupied dwelling units. (Director of Parks and Recreation, Director of Building and Housing, and Director of Public Works) MSC (Horton/Alevy) to continue the item to 9/24/96. The following people spoke in favor of staff recommendation: ® Kermit Washington, 978 St. Germnine Road, Chula Vista; · Michael S. Peissner, 951 St. Germnine Road, Chula Vista; · Randy Bennett, 9~6 St. Getmaine Road, Chula Vista. Councilmember Moot stated that he had recen~y written a letter to one of the homeowners in St. Claire, Mr. Sainz, who was present last time the matter was before Council x~xth information as to who to contact for assistance. There is a way that residents can address their problems, and he offered to assist them in doing that. What is important is that the request to complete the project, and correct the problems be directed to a specific person. He suggested that if they knew Mr. Sainz, they contact trim. VOTE ON MOTION: approved 4.0-1 with Padilia absent. Minutes September 17, 1996 Page 7 ITEMS PULLED FROM THE CONSENT CALENDAR Item pulled: 13. The minutes will reflect the published agenda order. OTHER BUSINESS 18. CITY MANAGER'S REPORT(S) a. Scheduling of meetings. Mr. Goss said there was an effort to try to schedule a joint meeting between Council and the Boards of Education from the Sweetwater High School District and Chula Vista Elementary School District. There was an effort to try to do that in mid-summer and that did not work out. He had been in contact with both superintendents of the two school districts and believed that staff had been contacting Council about the possibility of setting up a date. Councilmember Rindone requested that staff submit for Council review tentative agenda items of mutual interest between the three public agencies. Mr. Goss said he also had a meeting with the superintendents to take a look at possible agenda items. It was pointed out to them that them are some items of interest that in some cas~s may only involve two of the agencies like the City and the High School District or the City and the Elementary School District and both superintendents indicated they would not have a problem with those type of items discussed at a meeting like this; that they would not necessarily have to involve all three agencies. He said he would sand Council an agenda and they could judge for themselves and provide input. Mr. Goss said also under scheduling of meetings, staff sent out a memo to Council regarding the Chula Vista CO2 Reduction Plan. For the past two years, staff and a consultant have been working on the CO2 Reduction Plan for the City, and the draft plan was now completed and ready for Council consideration. Basically it lays out a comprehensive blue print for reducing CO2 through the year 2010. Councilmember Rindone said the CO2 Task Force has done an extensive amount of work. He encouraged Council to consider a workshop for this issue, because it was a blue print and a long term plan that will have a great deal of significance. Mayor Horton suggested a workshop to be held after December, possibly in January, February or even March. b. Report on additional Assistant City Manager position. Continued from the meeting of 9/10/96. Mr. Goss stated that there is clearly different ways to organize work, supervisa, and manage work. The current organization consisted of the City Manager, an Assistant City Manager, and two Deputy City Managers, although now there is only one Deputy City Manager. The organization is structured so that on a daay-to-day basis both the Assistant City Manager and Deputy City Manager have certain departments that they interact with. It also provides for a clear line of succession in the absence of the City Manager. The City Charter also provides for a City Manager Pro Tern that also provides for that line of succession. Councilmember Rindone felt it was realistic to consider having two Assistant City Managers. The reason he thought that it was realistic to suggest this now is that the work load for the City Manager's office is substantially heavy, particularly for a City of this size. It was not down grading anyone, it was upgrading another position which would then be able to equally share and receive appropriate enumeration for those sarvices, skills and talents. He did not think that it was beyond a reasonable exploration to look at that. Other public agencies have recently considered this and it is working very well. He thought now was an important time to look at this and to also indicate the fact that the efforts of these individuals certainly want to be retained and are critical to the effective operation of the City. MOTION (Rindone) to direct staff to look at this and come back with an evaluation of having two Assistant City Manager's positions with the distribution of duties and responsibilities equally between those two Assistant City Manager positions. MOTION DIES FOR A LACK OF A SECOND. Minutes September 17, 1996 Page 8 MayorHortonthoughtthemwereexcellentindividualsworkingundertheCityManager. Shethoughtitstatedvery clearly in the Charter that the City Manager shall be the Executive Officer. The Assistant City Manager, the number two position within the City organization, is responsible for the day-to-day administration and represents the City Manager in his absence at public functions and in conducting agerids and staff meetings and also would handle situations in an emergency. To go forward with something like Councilman Rindone was suggesting would require a change to the City Charter and it would have to go to the voter. She did not support the recommendation. The City is recognized throughout the State as being one of the more progressive and innovative cities. There are a lot of programs and facilities that they are very proud of, and it was because they have a well run City. A lot of that credit goes to the City Manager and the way he runs this City. c. Report on Chula Vista population change 1/1/96. Continued from the meeting of 9/10/96. Mr. Goss said this was just to pass along information that Chula Vista through its growth is now number 20 in size in the State. In terms of level of growth, Chula Vista's growth rote was 82nd in the City at about 2.25 pement. d. CIP Expenditures in Western Chula Vista. Continued from the meeting of 9/10/96. Mr. Goss said this was a request to clarify what was raised in oral comm~mication at an earlier meeting when Fernando Fernandez, questioned the attention that was given to the City, and particularly to the western portion, regarding the Capital Improvement Programs. He also wanted to raise the question about the resources that were put into Third Avenue. The area west of 805 received about $65 million worth of resources and the area east of 805 received about $27 million. One project included the Otay Valley Road area, which is part of an assessment district and is about $12 million of that $27 million; it is technically east of 805. Also there was another project, the widening of Otay Lakes Road to Apache which is about $4 million which was funded by developers but was processed through the City. It is clear that in the newer part of the City, a lot of the improvements that are made are actually made by developers. Because it is new, there is not as much of a need to go back and rebuild streets or to put in improvements. Therefore, most of the City's discretionary CIP money has been going into the area west of 805. The reconstruction of Broadway, much of which was in the Montgomery area, which was annexed into the City in 1986. There was about $10 million spent on that project and another $2.8 million on Fifth Avenue. When the City annexed Montgomery into the City, it was estimated that there was probably a deficit of about $20 million that would have to be spent by the City in order to upgrade the infrastructure to the level of the rest of the City. One of the other major improvements that was along the boundaries between the existing City and County before that annexation was the Corp of Engineers project, then Telegraph Canyon project was the largest CIP in the City's history at about $10 million where the City contributed about $5 million. That same flood control area east of 805 was being addressed as new development occurred so that type of flooding would not occur again. In the last five years, the City has spent $2.4 million on the Norman Park Senior Citizen Center, $1.9 million on the Youth Community Center located at Chula Vista High School, Memorial Park reconstruction remodeling, and funds have been set aside for the planned Otay gymnasium which is expected to cost over $2 million. A significant amount of money was spent for the South Chula Vista Library. Mr. Fernandez was specifically concerned about Third Avenue redevelopment, and staff totaled up the improvements that had been made there which totaled about $4.2 million and that includes the improvements to Memorial Park, the Superior Court expansion, a number of parking lots, upgrading the alleys behind the businesses on Third Avenue, the concrete that was a major issue because of potholes and problem with water and runoff drainage was addressed, the parking structure was constructed, sidewalk improvements, and various traffic signal improvements were made. So there is clearly a number of resources that have been placed into the redevelopment area along Third Avenue. Mr. Goss stated that another program that was done was the Neighborhood Vitalization Program that was designed to address certain neighborhoods in the Montgomery area when it was annexed, and Otay Town was the tirst one that led to a number of improvements that were made such as curbs, gutters and sidewalks, street lighting, organization of the community to articulate their needs and now that has moved to the area that is between Castle Park High School and the Country Club. 19. MAYOI~'S RgPOI!T(~1} a. Designation of voting delegate and voting alternate for League of California Cities' Annual Conference scheduled for Sunday, October 13 through Tuesday, October 15, 1996 in Anaheim. MSC (Rindone/Moot) In designate the Mayor as the voting delegate for City, approved 4-0-1 with Padilia absent. Minutes September 17, 1996 Page 9 20. COUNCIL COMMENTS Councilmember Moot a. Councilmember Moot stated that he read a recent article in the paper that the Ethics Commission was looking for ways to improve their activities. He suggested that staff pass his thoughts on as to some projects that they could take on that would be helpful to the City and all the people who serve on boards and commissions. He suggested that a brief, reader-friendly pamphlet on exactly what the Brown Act is and what the requirements of the Brown Act are. Every person who joins the City Council and a Board or Commission has got to comply with the Brown Act, yet this City has not developed a quick, easy pamphlet the explains what it is and the particularities of the provisions under it. He also thought there was a similar reoccurring issue that has trapped persons in the past unknowingly and that is when the Fair Political Practice Acts provisions requiring that a member of a Board, Commission, or Council not vote due to the fact that they may have a financial interest in a project or an applicant. Councilmember A[evv b. Councilmember Alevy said a number of people have asked him about the Animal Shelter and he wanted to relay a progress report. He stated that Armando Buehia has done a free job of working with a number of different groups from the private sector that have donated time and materials, in some cases money, and thought that a lot of progress had been made to what was really a very unfortunate situation six months ago. There was a lot of concern about cold conditions and bad conditions for the animals that are there. What has happened in the interim is that the flooring has been improved with a heating system that is much better for animals, some temporary walls have been put up. Bottom line, this is a much better facility for the animals than it was. It was his understanding from talking to staff that in a couple of years the City will have the ability, ~scally, to build a new animal shelter in a different location. Meeting adjourned at 8:12 p.m. 21. CONFERENCE WITH LEGAL COUNSEL REGARDING: Existing litigation pursuant to Government Code Section 54956.9 ® SNMB, L.P. vs. the City of Chula Vista and MCA. Anticipated litigation pursuant to Govermnent Code Section 54956.9 · Significant exposure to litigation pursuant to subdivision Co) Section 54956.0: 2. · Metreosewer issues. CONFERENCE WITH LABOR NEGOTIATOR - Pursuant to Government Code Section 54957.6 Agency negotiator: John Goss or designee for CVEA, WCE, POA, IAFF, Executive Management, Mid-Management, and Unrepresented. Employee organization: Chula Vista Employees Association (CVEA) and Western Council of Engineers OVCE), Police Officers Association (POA) and International Association of Fire Fighters (IAFF). Unrepresented employee: Executive Management, Mid-Management, and Unrepresented. 22. REPORT OF ACTIONS TAKEN IN CLOSED SESSION by: Respectfully submitted, BEVERLY A. AUTHELET, CMC/AAE, City Clerk