HomeMy WebLinkAboutcc min 1990/08/21 MINLrrES OF A REGUIAR MEETING OF THE
CITY OF CHUIA VISTA
Tuesday, August 21, 1990 Council Chambers
6:02 p.m. Public Services Building
CAIL TO ORDER
1. ROll. CALL:
PRESENT: Councilmembers Malcolm, Moore, Nader, and Mayor Cox
ABSENT: Councilwoman McCandliss
ALSO PRESENT: John D. Goss, City Manager; Bruce M. Boogaard, City Attorney; and Beverly
A. Authelet, City Clerk
2. PLEDGE OF ~I.I.RGIANCE TO THE FLAG, SILENT PRAYER
3. APPROVAL OF MINUTES: July 17 and August 14, 1990
MSC (Moore/Cox) to approve the minutes of July 17 and August 14, 1990 as presented. Approved 4-0-1
with Councilwoman McCandliss absent and Councilman Nader abstaining on the minutes of July 17, 1990.
4. SPECIAL ORDERS OF THE DAY:
a. Presentation of eerfi~cates of recognition and City pins to students participating in the Lions
International Youth Exchange Program: Phillippe Benok (Belgium) and Pierre Strael (Belgium); Catherine
Schnetzler (Switzerland) and Akiyo Hasegawa (Japan); Asaki Yamada (Japan) and Ryoko Tasaka (Japan);
Tokuro Watanabe (Japan) and Yoshihiko Kogure (Japan); Gen Masuda (Japan) and Makoto Fukui; Marianne
Cox (Lakeside, CA), Danielle Gradillas (Chula Vista, CA), Andtea Northcross (Bonita, CA), Abigail McGuane
(Chula Vista, CA)
Doris Cox introduced the exchange students and their host families. Certificates and pins were presented
by Councilman Moore.
CONSENT C~IJ~J~IDAP,_
BALANCE OF THE CONSENT CALENDAR, AS AMENDED, OFFERED BY COUNCILMAN MOORE, reading of
the text was waived, passed and approved 4-0-1 with Counc~woman McCandliss absent.
5. WRrI'I'EN COMMUNICATIONS:
a. Request for waiver of business license fee for Politur Publications - Juan Lopez Ochoa, Politur
Publications, 1033 Calle Revolucion Altos, Tiajuana, Mexico.
MSC (Cox/Nader) to continue Mr. Ochoa's letter to the meeting of October 2, 1990 at his request. Approved
4-0-1 with Councilwoman McCandliss absent.
Minutes
August 21, 1990
Page 2
6. ORDINANCE 2391 AMENDING CHAPTER 2.52 OF THE CI-IULA VISTA MUNICIPAL CODE
REIATING TO CAMPAIGN CONTRIBUTIONS (first readingD - The ordinance contains several clarifications
that the Board of Ethics felt were necessary to the existing campaign contributions ordinance. Staff
recommends Council place ordinance on first reading. (City Attorney) Pulled from the Consent Calendar
t~/ ~
Councilman ~ader questioned if violation of the ordinance was a misdemeanor, and whether the Dis~ict
Attorney had been contacted to see if they would prosecute any violations.
City Attorney Boogaard responded that Assistant City Attorney Rudolf had been handling the situation and
he was unaware as to whether the District Attorney had been contacted. He felt the City could also
prosecute if they so desired.
Mr. Swanson, Chairman of the Board of Ethics, stated the District Attorney was chosen to get away from
having to appoint a special prosecutor.
City Attorney Boogaard pointed out the ordinance language created a hierarchy for prosecution. Staff would
contact the District Attorney and report back to Council.
Mayor Cox questioned why the Attorney General would prosecute a City ordinance.
Councilman Nader responded that if it was the District Attorney's responsibility to prosecute, and if he had
a conflict of interest, or declines to prosecute under circumstances the Attorney General felt required further
investigation, the Attorney General would take the case.
ORDINANCE 2391 PLACED ON FIRST READING BY COUNCILMAN NADER, reading of the text was waived,
passed and approved 4-0-1 with Councilwomen McCandliss absent.
7. RESOLUTION 15791 APPROVING MEMORANDUM OF LINDERSTAND]NG CON(TdlNING WAGES
AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT BETWF/.N THE CITY OF CHULA VISTA AND
THE WESTERN COUNCIL OF ENGINEERS FOR FISCAL YEAR 1990-91 - The City's negotiating team has
concluded a Memorandum of Understanding (MOU) with the Western Council of Engineers (WCE) which
was ratified by its membership on 8/9/90. Staff recommends approval of the resolution. (Deputy City
Manager Krempl) /'//f (-
8. RESOLUTION 15792 APPROVING lVlE. MORANDUM OF UNDERSTANDING CONCFJlN1NG WAGES
AND OTHER TERMS AND CONDITIONS OF EMPLOYMF2qT BETWEEN THE CITY OF CHULA VISTA AND
THE CHULA VISTA POLICE OFFIGER'S ASSOCIATION FOR FISCAL YEAR 1990-91 - The City's negotiating
team has concluded a Memorandum of Understanding (MOU) with the Police Officer's Association (POA)
which was ratified by its membership on 8/15/90. Staff recommends approval of the resolution. (Assistant
City Manager) I'ql~?
9. RESOLUTION 1S793 APPROVINGANAGREEMENTWITHWALLACE, ROBERTSANDTODD, INC.
FOR THE PREPARATION OF A RESOURCE ENHANCEaMENT PLAN FOR THE OTAY RIVKR VALLEY
REGIONAL PARK - Agreement to prepare a Resource Enhancement Plan for the proposed regional park from
the San Diego Bay to 1/2 mile east ofi-805, financed by the $80,000 State Coastal Conservancy Grant. Staff
recommends approval of the resolution. (Acting Director of Parks and Recreation) Pulled from the Consent
Calendar /q l ~ ',
Minutes
August 21, 1990
Page 3
Councilman Malcolm stated he would abstain from voting due to a possible conflict of interest.
RESOLUTION 15793 O~ BY COUNCILMAN MOORE, reading of the tert was waived.
Mayor Cox felt the area of the regional park that was not currently funded by anyone was a critical link and
he hoped staff would contact the City of San Diego, San Diego County, and the Baldwin Company regarding
the additional $10,000 funding. He wanted a report back to Council in the next 30 to 45 days as to where
the additional funding would come from.
VOTE ON MOTION: approved 3-0-1-1 with Cou!lcl]womnn McC, alld]Lss absent and Councilman Malcolm
abstaining.
City Attorney Boogaard request that Councilman Malcolm identify the specific location, or as close as
possible, creating a conflict under the FPPC rules.
Councilman Malcolm stated he was unsure of the boundaries, as staff had not included a map, but he had
an option on a piece of property west of I-5 which could be included in the planning area.
10. RESOLUTION 15794 APPROVING AGRRRMEIqT FOR MATERIAL TF. STING SERVICES FOR FISCAL
YEAR 1990-91 BETWEEN THE CITY OF (]-IIJLA VISTA AND UNtieD STATES 'rEb-i1NG COMPANY, INC.,
AND AlYrI-IORIZ1NG THE MAYOR TO EXECIYrE ON BEHALF OF THE t2-rl' - The construction of quality
public works infrastructure improvements depends in part on two major factors, labor and materials. To
make inspections more effective, the City needs to obtain material testing services for projects built in the
City. These services will provide inspectors with the ability to assure that the materials supplied to consVmct
projects meet the specifications. Staff recommends approval of the resolution. (Director of Public Works)
11. RESOLUTION 15795 APPROVING AGI!RR191ENT BETWEEN THE CrlY OF CHI, ILA VISTA AND
JAMES M. MONTGOMERY CONSULTING ENGINEERS, INC., FOR PREPARATION OF A FINANCIAL PLAN
AND SEWER RE'W~NUE PROGRAM AND AL1THORIZING THE MAYOR TO EXECIYI~ THE CONTRACT ON
BEHALF OF THE Lt'I~ - Requirements of the EPA and State Water Resources Control Board make it
necessary for the City to enter into a contract with an engineering firm to prepare a Financial Plan and
Sewer Revenue Program. As a result of the Request for Proposal process, staff has negotiated a contract with
James M. Montgomery Consulting Engineers to provide these services. Staff recommends approval of the
resolution. (Director of Public Works) Pulled from the Consent Calendar
Councilman Nader expressed concern over a drift, if by default, in participating in Metro and the settlement
reached when it may or may not be in the interests of the citizens.
John Lippitt, Director of Public Works, responded that the area being talked about in the report already had
federal grants which were given to the City of San Diego. The revenue program is a condition in order to
keep the grants. The grants are not for upgrades but for improvements that have already been made. The
report from Mr. Leudeck should be ready for a worksession in three to four weeks.
Councilman Nader requested a copy of the report immediately. He questioned when the City Attorney's
analysis would be ready for Council.
City Attorney Boogaard responded that Councilman Nader was referencing Referral 2014 and stated staff
was currently working on the analysis.
Minutes
August 21, 1990
Page 4
)
Councilman Nader did not feel the $100/day liquidated damages were sufficient. He suggested that the
contract be modified, before approved, to state the remedies would not be liquidated damages but would
extend to all actual damages.
Mr. Lippitt recommended that the liquidated damages be changed to $500/day and if the consultant does
not agree, it would have to be renegotiated and brought back to Council.
City Attorney Boogaard stated his first recommendation would be to approve the agreement as presented.
If Council chooses not to do so, he would not object to deleting the liquidated damages (4A) and being
bound by the standard rule of damages.
Councilman Malcolm felt if it was Councirs intent to have the project finished on time, liquidated damages
should be included.
MS (Malcohn/Moore) to amend Resolution 15795 to include liquidated damages of $500/day.
Councilman Nader stated he would support the amendment as it was an improvement, but he would prefer
the City Atrorney's recommendation.
VOTE ON AMENDMENT: approved 4-0-1 with Councilwoman McCandliss absent,
RESOLUTION 15795, AS AMENDED, OH'ERF, D BY COUNCILMAN MOORE, reading of the text was waived,
passed and approved 4-0-1 with Counc~woman McCandliss absent,
12. RESOLUTION 15796 APPROVINGAJOINTUSEAGI~RRMENTWITHSDG~,EASSOCIATEDW1TH
SEWER CONsI:KUCTION FOR CHUIA VISTA TRACT 89-5, SPA H PHASE 1 IJN1T 2 AND ALrrHORIZING THE
MAYOR TO EXECIH~ THE AGREEMENT ON BEHALF OF THE ~,l t-~' - The agreement provides for the use
of a small area of existing SDG&E easement for sewer purposes. Staff recommends approval of the
resolution. (Director of Public Works) /~k'~;?
13. RESOLUTION 15797 GRANTING AN EASEMENT TO SDG&E ACROSS LOT 145 OF MAP 8604
AND AUTHORIZING THE MAYOR TO EXECUTE THE DOCOMENT ON BEHALF OF THE t;I'IY - This will
provide an easement to SDG&E for underground facilities across Lot 245 of Map 8604 which was
necessitated by relocation of the line within SPA 2 Phase 1 Unit 3 of Rancho Del Rey, Chula Vista Tract
Staff recommends approval of the resolution. (Director of Public Works)
14. RESOLUTION 15798 ACCEPTING PUBLIC IMPROVEMF_grS, RANClIO DEL StIR IJNIT NUMBER
4 - Wood Bow Associates has completed the requirements for public improvements for their Rancho del Sur,
Unit 4 subdivision. The improvement agreement was approved by Council on 6/2/88. Staff recommends
approval of the resolution. (Director of Public Works) ~-~, ~,
15. RESOLUTION 15799 DETERMINING AND DECLARING THE PUBLIC NEC~_qSITY OF ACQUIRING
CERTAIN RIGHT-OF-WAY FOR T~I .~GRAPH CANYON ROAD AND AUTHORIZING THE COMMENCEMENT
OF CONDEMNATION PROC~-Rr/INGS BY OUTSIDE COUNSEL TO ACQUIRE SAID RIGHT-OF-WAY - Staff
recommends that Council use its powers of eminent domain to condemn approximately 15.07 acres of
property belonging to Baldwin Vista Associates, L.P. for street, drainage and sewer, and slope improvements
Minutes
August 21, 1990
Page 5
along Telegraph Canyon Road/Otay Lakes Road (east-west)- (Director ofPublic Works) 4/5's Vote Required
- Pulled from the Consent Calendar /q~ t/
Public testimony was taken under, Public Hearing Item #24.
RESOLUTI ON 15799 OFFFf~ BY MAYOR COX, reading of the text was waived, passed and approved 4-0-1
with Councilwoman McCandliss absenL
16. RESOLUTION 15800 ACCEPTING BII)S AND AWARDING CONTRACT FOR 'PAINT PIT REMOVAL"
AT THE CORPORATION YARD, APPROPRIATING blINDS THEREFORE, AND APPROVING AN AGRRRMFANT
WITH THE REDEVELOPMENT AGENCY OF THE CITY OF CI-RJLA VISTA - The City is the owner of property
at 707 F Street which is used for the City Corporation Yard and contains a former paint disposal pit which
is required to be removed and cleaned up. The Redevelopment Agency desires to acquire the opportunity
to negotiate for the purchase of the property at some time in the future. The agreement between the City
and the Agency provides for the Agency to pay the City for the fimt right of refusal for the purchase of the
property for a period of 15 years and for the Agency to pay the City $316,000. On 8/1/90, the City Engineer
received sealed bids for the paint pit removal at the City Corporation Yard. The work includes removing and
disposing of the vertical paint pit and the horizontal concrete pit, excavating and stockpiling soil, backfilling
with stock piled soil that is deemed reusable, importing additional backfill and repaving the site, and
treatment or hauling and disposal of the contaminated soil. Funds for this project must be appropriated.
Staff recommends approval of the resolution. (Director of Public Works) 4/5's Vote Required
MSC (Cox/Moore) to continue Resolution 15800 to the meeting of 8/28/90 at the request of staff. Approved
4-0-1 with Councilwoman McCandliss absent
17. RESOLIII1ON 15801 ACCEPTING CONTRACT WORK FOR TREE TRIMMING SERVICE FOR
FISCAL YEAR 1989-90 IN THE CITY OF CHULA VISTA - On 3/27/90, Council awarded a contract in the
amount of $115,781.47 (including contingencies) to West Coast Arborists, Inc. for the tree trimming service
for FY 1989-90 in the City. The work is now completed. Staff recommends approval of the resolution.
(Director of Public Works)
Councilman Nader questioned how long West Coast Arborisis, Inc. had been working for the City.
John Lippitt, Director of Public Works, stated he was uncertain whether they had previous contracts with
the City.
18. RESOLLrrlON 15802 ENTERING INTO AN AGREEMF_JqT WITH THE SAN DIEGO COUNTY
DISTRICT ATFORNEY'S OFFICE TO PAY FOR TI-EIR KEGAL ASSISTANCE INVOLVED IN THE JUDICIAL
PROCESSING OF ASSET SEIZURE CASES - The agreement would require the City to pay the District
Attorney's Office ten-percent of all Asset Seizures received by the City that were the subject of judicial
forfeiture proceedings. Staff recommends approval of the resolution. (Police Chic0 4/5's Vote Required
~ity A[torne~ ~oogaard requested that Council include an amendment that would extend the term of the
contract until voluntarily concluded by either party, that it be deemed as part of the existing language and
passed with the Consent Calendar.
Minutes
August 21, 1990
Page 6
19. RESOLUTION 15803 APPROVING THE SUBMITFAL FOR THE THIRD YEAR FUNDING FOR THE
CAR ERR CRIMINAL APPREHENSION GRANT TO THE OFFICE OF CRIMINAL JUSTICE PIANNING - In duly,
Council approved a resolution for the submittal of an applicafion for the third year funding for the Career
Criminal Apprehension Grant to the Office of Criminal dustice Planning (OCdP). Staff has been advised by
the OCdP that the specific language in the Resolution was incorrect and a new resolution is required. Staff
recommends approval of the resolution. (Police Chief)
20. RESOLUTION 15804 APPROVING RATE INCREASES FOR THE POLICE REQUESq'ED TOWING
SERVICE - The City has an existing contract with five tow companies for police emergency towing. The
companies have presented a proposal to increase the existing fee schedule. Staff has completed a survey of
other agency fees and has determined that this request is appropriate and recommends approval of the
resolution. (Police Chief) P/.~ ~;
* * END OF CONSENT CALENDAR * *
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
21. PUBLIC HEARING TO CONSIDER AWARD OF CABLE TELEVISION FRANCHISE TO JONES
INTERCABLE, INC. o In July, 1989, Jones Intercable submirted an application for a cable television franchise
within the City of Chula Vista. The public hearing is in order to receive public comment and discussion with
a final draft of the proposed franchise agreement to be brought back to Council on 9/11/90. (Director of
Finance)
This being the time and place as advertised, the public hearing was declared open.
Mayor Cox stated that public testimony would be taken and the hearing would then be continued to
9/11/90 for final decision.
Councilman Malcolm questioned what action would be expected from Council tonight.
Cit3, Attorney Boogaard responded that Council would be asked to place the enabling ordinance on first
reading with second reading on 9/11/90.
Councilman Malcolm stated that if new and important information would be received after tonight's meeting,
it would prejudice Councii's position t& vote on the ordinance and he would not support it tonight.
Councilman Nader questioned the legaiity of placing the ordinance on first reading tonight and continuing
the public hearing, then taking more punic testimony.
City Attorney Boogaard replied that the public hearing is required by state law for the issuance of a
franchise. The ordinance being proposed is an enabling ordinance that gives Council the authority to grant
a franchise which does not require a public hearing. The ordinance is not the subject matter of the hearing,
the subject matter of the hearing is whether or not, under AB 543, the City should issue a cable franchise
to Jones Intercable. The ordinance would only be applicable to any franchise granted after the date of
adoption.
Lyman Christopher, Director of Finance, introduced Carl Pilnick, a consultant to the City regarding cable
issues. He stated the enabling ordinance does impact the way that cable companies do business in the City /
Minutes
August 21, 1990
Page 7
in relation to the developers, trenching, equal access and shared costs. He emphasized that staffs intent was
not to preclude anyone from doing business with the City or making any conditions so onerous that they
could not succeed in their business. The purpose is to try and create a situation where cable companies
have an equal opportunity, resulting in a more competitive rate structure for the citizens, and hopefully
better service. The only way this can be accomplished, in stags opinion, is to change the way cable
companies have done business in the City. The draft of the proposed franchise was not completed until
Friday and staff was unable to distribute it to all interested parties. Therefore, staff had requested the public
hearing, after receiving testimony tonight, be continued to the 9/11/90 meeting. The proposed franchise
is totally different than those granted to Cox and Chula Vista Cable. The proposed franchise contains annual
milestones and requirements. Discussion then followed regarding trenching requirements and costs.
Councilman Malcolm complimented staff on the negotiations and contract, as being one of the finest
presented to Council. He had been assured by staff that trenching would not have an impact on rate payers.
He also felt the developers would pass on the costs to the homebuyers. He questioned what guarantee the
Council would receive that rates would not be increased and questioned whether Council could deny the
franchise if it would have a detrimental effect on the citizens of Chula Vista.
Mr. Pilnick responded that the issue of trenching was not important as the cost is a very small part of doing
business. The issue would be that three cable companies would be dividing the subscribers. He felt the key
was whether any of the companies could survive with only 23% of the subscribers. There are several
decisions the Council would have to make, one of which is whether Council feels they currently have
competitive service. If they do, that weakens justification for a third cable company.
City Attorney Boogaard responded that there were circumstances that Council could find, if they chose to
do so, to deny the franchise in a legal manner. Staff had been operating under the premise to go for~vard
and issue the franchise. He requested that Council give him direction to explore all avenues upon which
to deny, if the Council wishes to, and come back at the next meeting with the information.
Councilman Nader requested a memorandum outlining what the findings of his opinion were for denying
the franchise in case that is the desire of the Council.
Mr. Pilnick stated that where two companies have survived, there have been special circumstances.
Generally, as long as competition lasts the subscribers benefit. There is very little experience with three
companies competing and surviving.
City Attorney Boogaard stated that the premise of calculations by staff shows the distribution of costs to only
the individual homeowner in which the cable passes. As noted by Mr. Pilnick, the costs would be distributed
to all subscribers which would dilute the trenching costs.
Councilman Nader questioned whether the ordinance before Council called for a uniform rate throughout
the City.
City Attorney Boogaard responded that the ordinance before Council tonight did not attempt to have a
uniform rate. Staff would be bringing a consumer protection ordinance before Council within the next
several weeks.
Councilman Nader expressed his concerns over the established areas having to subsidize the new growth
areas. He questioned whether it would be legal to split the milestones and allow extra credit for the wiring
of homes with only one provider.
Minutes
August 21, 1990
Page 8
City Attorney Boogaard responded that on page 21-12, regarding over building, is left to the discretion of
the franchisee, except that he is to make a good faith effort to avoid those areas where there is existing
service. It is hoped that this will force competitive pricing into those areas not already beneficiaries. The
choice of credits is a matter of agreement and he felt a different price could be agreed to.
Councilman Nader questioned who would make the decisions regarding programming and uses of
government and public interest broadcasting.
Deputy City Manager Thomson responded it would be at the Citys discretion after consulting with the
franchisee. This would be through the Public Information Officer and ultimately the City Manager.
Councilman Nader stated Council may want to have a citizen's oversight committee review the use of
government and public interest broadcasting. He wanted to see a procedure in place before approving the
franchise.
City Manager Goss felt it was similar to the content contained in the quarte~y newsletter. Staff has tried
to insure that it is politically neutral and contains information that is useful to the citizens.
Charles Gill, 600 "B" Street, # 1100, San Diego, California, Attorney for Jones Intercable, concurred with staff
on their recommendation to obtain public testimony tonight, but requested they be allowed to withhold their
comments until the meeting of 9/11/90.
Councilman Malcolm questioned whether a rate had been set by Jones Intercable.
Mr. Gill responded that one of the reasons for deferring their presentation to was to hear the public
comments and concerns and then address those issues at the meeting of 9/11/90.
Donnie Clark, 10783 Jamacha Boulevard. Spring Valley, California, representing Jones Intercable, informed
Council that the rates would be very competitive and receptive to the consumer. The rate for Rancho San
Diego is $11.9S for Life Line service and he felt the rates for Chula Vista would be more competitive. Basic
Plus service is comparable with Cox Cable at $17.9S, pay services are comparable with Cox and Chula Vista
Cable. Additional outlets are $3.95 where Cox and Chula Vista are $5.95. He felt the Life Line sereice
would be considered a discounted rate.
Martin Altbaum, 581 ~C" Street, Chula Vista. California, representing Chula Vista Cable spoke in opposition
to staff recommendation. He felt much of the information presented was incorrect and referred to the chart
regarding the differentials for trench rates. He noted that he had added 10 additional channels and had
dropped the rates by ten cents since he began service three years ago. He felt there was staff bias due to
the revenues (higher percentage) that a new cable television company would pay to the City. His trenching
costs would go from 75 cents a foot to $2.00 a foot. He is currently paying $10,000 per month for trenching
in new areas, and he felt his costs would tipple. He felt these costs would result in a $6.00 per month raise
to the subscribers and he would be driven out of business if a franchise was granted to Jones. Jones could
invest $1 million and over build his area and avoid any possible penalties as set forth in the franchise, and
no new subscribers would be served. He noted a letter received from the Olympic Training Center which
stated he was not qualified to bid on the Center because the City had donated money and that Jones
Intercable could because they did not currently have a franchise with the City.
Councilman Nader responded that the purpose was to increase competition and questioned whether there
were any modifications that could be made that would allow three companies to compete in the City.
Minutes
August 21, 1990
Page 9
Mr. Altbaum stated the trench fees would put him out of business while the new areas would be offered
service at ninety-nine cents with the rates for existing subscribers being raised. He noted the other two
cable companies were multi-million dollar operations.
City Attorney Boogaard replied that this was a very complex area of law and there was definitely anti-trust
laws that would prevent predatory prices but beyond that he would not be able to respond.
Mr. Altbaum felt a discrimination ordinance would help. In lieu of that, the trench fees should be waived.
Seventeen cities in California waive the fees with the developer paying, the area he does not service should
be geographically delineated, and Council should stipulate which area is to be over built first.
Councilman Moore questioned when Mr. Altbaum expected to senrice the other areas of Chula Vista.
Mr. Altbaum responded that if the City would pass a price discrimination ordinance, he would build out the
entire City of Chula Vista in four years, and would give it writing. He would expect the same requirement
be placed on Jones if a franchise is granted.
City Attorney Boogaard informed Council that Cox Cable submitted a legal memorandum on Friday
indicating they were within their rights to drop prices solely to meet competition. He would have to
research this area of law before bringing a consumer protection ordinance to Council.
Mayor Cox stated his understanding of Mr. Althaum's concerns were uniform pricing and costs associated
in trenching. Assuming those issues were addressed he questioned whether Mr. Altbaum had other
opposition.
Mr. Althaum felt there should be a geographical demarcation for Jones and a time limit set.
Robert McRann, 1099 Nugent Court, E1 Cajon, California, representing Cox Cable, spoke in opposition to
the staff recommendation. Three years ago he had agreed with the Council that competition was good and
felt competition should be equal for all players. The Chula Vista Cable franchise was unequal in that it
allowed them to not service any area of the city that was not economically viable for them. He noted that
Chula Vista Cable served 3,500 customers, with 3,000 of those in multi-family dwellings. National City
required Mr. Altbaum to build out the entire city within seven years and noted Mr. Altbaum is frantically
building the franchise. This is not happening in Chula Vista due to the clause allowed by Council. AB543
clearly prohibits a second cable operator from operating in any system unless it builds the entire area where
the cable operator operates. He noted that Jones would only provide service to 35.7% percent ofthe homes
between now and 2010. In the first eight years of the franchise, they are required to pass 5,000 homes.
He noted Mr. Altbaum had done 11,000 homes in three years, with limited capital. There is also no
requirement in the franchise to buildout the entire City. He felt the proposed franchise violated Cox Cable's
franchise as well as state and federal law. Section 7B of the Cox franchise states "any franchise issued to
a competing cable operator will be identical or similar to the existing grantee". Secondly, AB543 states "a
new ffanchisee shall wire and serve the same geographical area as the existing cable operator". There are
two laws, state and federal, involved and both clea~y advise against red lining. He questioned why the City
of Chula Vista would be so anxious to grant a eight year francl-/ise to pass 5,000 homes or 10%. He urged
Council to provide cable competition to every citizen in the city or do nothing as far a Jones is concerned.
He stated Cox Cable currently serves over 99% of the 55,585 homes.
Jerry R. Rindone, 226 Guava Avenue, Chula Vista, California spoke in opposition to the staff
recommendation. He concurred with Council taking public comments and not taking action tonight. He
stated that no where in the report was anything said about handicapped or senior citizen rates. If the goal
of the City is competition, this should be addressed. Page 21-6 of the staff report, last paragraph, regarding
Minutes
August 21. 1990
Page 10
a trust fund being established, the Council should request more information as this was extremely vague.
Page 21-50, trenching costs, should be examined as this information is inadequate. Staff should be given
direction to pursue a franchise that would create competition and staff should study the effects on senior
citizens and the handicapped.
Otho R. Barton, 501 Anita Street, Space #177, Chula Vista, California, declined to speak after hearing the
public testimony.
Clifford L. Shaw, 501 Anita Street. Space #190, Chula Vista, California, declined to speak after hearing the
public testimony.
Victor A. Nolan, 12 Via Barbarini, Chula Vista, California, spoke in opposition to the staff report. He
informed Council that Cox Cable had negotiated a rate with the mobile home park to meet the Chula Vista
Cable rates. He felt the subscribers had benefitted from the competition generated by the addition of Chula
Vista Cable.
Councilman Malcolm felt some of the information disseminated was not totally correct, but to allude that
staff has a conflict is inappropriate. He stated staff had done an excellent job with the direction Council had
given them. His concern was that the rates could go up $2.50 a subscriber. It is Council's job to protect
the citizens and rates. Without evidence that the rates would not go up, it is ridiculous to continue the
public hearing, take in additional information from Cox Cable, and waste staff and taxpayers time. He did
not support the continuance of the public hearing. The burden should be upon the new franchisee to make
an offer to the citizens, to make it economically feasible, and to serve the people as per AB543.
Councilman Moore stated the City could possibly pursue the opening of the Chula Vista Cable franchise,
upon the mutual agreement of both, in order to better serve the citizens of Chula Vista.
Councilman Nader stated he was in favor of more competition but based on what was before him, if he had
to vote tonight he would vote no. He noted Mr. Altbaum had already passed 10,000 homes in three years
and the City would be requiring Jones to do less. He did not feel the milestones that had been set
accomplished the build out of the City, which was the original intent. He might support a franchise with
more stringent requirements for the over building of the City and bringing in competition at a faster rate.
The franchise should not replace one competitor with another. He would like to see Council give staff
direction, to bring back for consideration, an analysis of what the options are. He would also like to see an
increase in the requirements for Jones to bring competition to the existing areas of the City that do not have
competition and strengthen the incentives to do so. There should also be exploration of waiving the trench
fees. He would support a continuance if these options were investigated, he could not support the franchise
that was before them tonight.
Mayor Cox felt Councilman Nader's comments were appropriate and he would like to continue the public
hearing to September 11, 1990. He requested that staff review the concerns expressed, i.e. costs of
trenching, waiving trenching fees, duplicate service, etc. He would also like to have staff look at a district
approach.
There being no further testimony. Mayor Cox continued the public hearing to the meeting of September 11,
1990.
MF (Cox) to continue the public hearing to September 11, 1990 and refer the comments of the public and
Council to staff for review and comment. Motion died for lack of second.
Minutes
August 21, 1990
Page 11
MS (Nader/Cox) to conlinue the public hearing to September 11, 1990 and direct staff to: 1) give legal
analysis of rate policy options in light of Cox's attorneys correspondence; 2) redraft proposed franchise to
require new franchisee to at least meet the record of ~i~ting franchisees in serving the city;, 3) provide
stronger incentives to the fr, tDehlnee to meet the goals that are set and to do so in areas that do not already
have competition; and 4) analysis of the option of waiving trench fees.
Councilman Moore noted Mr. Altbaum's commitment to cover the City in four years if their request was
granted and he felt staff should come back with comments and rational
VOTE ON MOTION: Approved 3-1-1 with Councilman Malcolm voting no and Councilwoman McCandliss
absent.
ORDINANCE 2392 GOVERNING CABLE TRI-RVISION FRANCHISES HEREINAIq-ER GRANTED
BY THE CITY OF CHULA VISTA AND AMENDING THE CITY OF CHULA VISTA MUNICIPAL CODE (first
reading) - Purpose of the ordinance is to provide the City a better position from which to monitor and
evaluate cable company performance and to provide the City with the flexibility to address multiple
franchises and other cable related issues in the future. Staff recommends Council place ordinance on first
reading. (Director of Finance)
No action taken.
22. PUBLIC HEARING PCS-90-12: CONSIDERATION OF TENTATIVE SUBDIVISION MAP FOR
GRETCHEN ESTATES, CHULA VISTA TRACT 90-12, DON GOSS - The project involves the subdivision of
approximately 1.19 acres into six single family residential lots, ranging in size from 7,335 to 10,530 square
feet. (Director of Planning) Mr. Goss has requested a continuance to the meeting of August 28, 1990.
MS (Cox/Nader) to continue PCS-90-12 to the meeting of August 28, 1990 at the request of Mr. Don Goss.
This being the time and place as advertised, the public hearing was declared open.
Fred Drew, 1275 Banner Avenue, Chula Vista, California, spoke in opposition of the staff reporz. He stated
he had been contacted by numerous citizens concerned over new growth and the resultant problems.
There being no further public testimony, the public hearing was declared closed.
VOTE ON MOTION: Approved 4-0-1 with Councilwoman McCandliss absent.
RESOLLFFION 15805 APPROVING TENTATIVE SUBDIVISION MAP FOR PCS-90-12 - GRETCHEN
ESTATES, CHULA VISTA TRACT 90-12
23.A. PUBLIC HEARING PCZ-90-N: CONSIDERATION OF REQUEST TO REZONE 4.92 ACRES
LOCATED NORTH OF 'C' STREET, BETWEEN THIRD AVENUE EXTENDED AND DEL MAR AVENUE TO R-1-
P-6 - LAS BRISAS DE[. MAR LIMITED - This project involves subdividing 6.88 acres into 34 lots, and
rezoning approximately 4.92 acres thereof to R-l-P-6 (single family/precise plan/6 dwelling units per acre).
Twenty-five single-family dwelling lots and three open space lots will be under precise plan standards and
requirements. Six lots will be conventional subdivision lots ranging in size from 7,000 to 26,900 square feet.
Staff recommends Council concur with the Planning Commission's recommendation and place ordinance on
first reading. (Director of Planning)
Minutes
August 21, 1990
Page 12
)
This being the time and place as advertised, the public hearing was declared open for PCZ-90-N and PCS-90-
11.
Ken Lee, Principal Planner, gave a brief review of the proposed project. He noted that the applicant and staff
conducted public meetings prior to the Planning Commission hearings. There was a letter submitted from
an adjacent property owner requesting a trail system that would connect the Sweetwater Regional trail
system with General Roca Park. The developer and staff feel the trail system would be disruptive to the plan
as it would disrupt the industrial area and wind through the residential area and private open space. The
Planning Commission voted to approve the project. except for one member, who expressed concern over
density.
Councilman Malcolm expressed concern over the industrial to the north and questioned what was being
required to mitigate noise. He also questioned whether the contouring of the land would affect the noise
levels above.
Mr. Lee replied that there would be a block wall, which was determined to be sufficient to mitigate the noise
from the industrial area.
Ron McElliott, 1060 8th Avenue, San Diego, California, parmer in Las Brisas Del Mar Ltd., representing
Income Property Group spoke in favor of the staff recommendation. They have worked closely with staff
for the last ten months and have addressed all community issues to the satisfaction of the citizens and staff.
They accepted the 36 conditions of approval and requested Council's approval on the tentative map.
Councilman Moore questioned whether there was a special entrance design m 'C~ Street.
Mr. McElliott replied the Engineering Department required that they designate the entrance to the property.:
Therefore it would be a private drive which would require designation that it was a private street.
Mr. Lee responded that it would accommodate two driving lanes and a sidewalk as it intersects with "C"
Street.
Mayor Cox requested an update on the improvements on "C~ Street.
Clifford Swanson, City Engineer, responded that staff was working with the new developer of the property,
the prior developer had sold the property. Staff is attempting to negotiate an agreement with the property
owner on the north side of I'C" Street. Once that is done, construction of the project can begin. There is
no timeline set as of this date.
Aaron Mann, 1060 Eighth Avenue, San Diego, California, representing Income Property Group, spoke in
support of the staff recommendation. He outlined the steps taken regarding the level of traffic on "C" Street
and the intersections.
Alfred R. Welker, 168 North Del Mar Avenue, Chula Vista, California, spoke in support of the staff
recommendations. He owns two lots within the project and adjacent property. He addressed the request
for trails and noted no one had ever been given permission to cross the property and he did not see any
reason to create trails through private property.
Paul Lukefahr. 172 North Del Mar Avenue, Chula Vista, Califomia, expressed his concern over City
Engineering and the design of the slope and curve on Del Mar Avenue.
"i
Mr. Swanson responded that he had not seen the area and would have to report hack. ...;
Minutes
August 21, 1990
Page 13
Mr. McElliott responded that was a different project. The elbow at Bay View and North Del Mar required
improvements and a standard city driveway approach. He was not sure there way any other engineering
design solution.
Fred Drew, 1275 Banner Avenue, Chula Vista, California, spoke in opposition to the staff recommendation.
He did not feel any development should be allowed without evaluation of the impacts to the entire City.
Creighton R. Maher, #1 the Inlet, Coronado, California, representing Double M Partnership, stated he had
received a letter from the City which notified him of a possible trail through his property at 250 Truesdale
Drive, which is industrial property. His main concern was that there would be no additional expenses in
developing the property, which he hoped to do within the next six months. He also stated they were not
planning to put up a block wall, he would construct a slated fence, and understood that it had been
approved by the City.
Mr. Lee responded that the City does require the separation of industrial from residential with a block fence
which would have to be extended at least into the slope. A chain link fence can be utilized in other areas.
Victor A. Nolan, 12 Via Barbarini, Chula Vista, California, referred to the public map that was published
regarding the rezoning and expressed his concern over the misleading description depicted. He expressed
his concern over the safety of the mobilehome owners if a new access area was not designed.
Mr. Swanson stated that condition #4 requires that guardrails be constructed along the western side of
Street A adjacent to the mobile home park. This was done specifically because of the condition of the
roadway in relation to the mobile home park. Staff feels the conditions protect the mobile home park.
Condition #18 deals with potential flood problems.
There being no further public testimony, the public hearing was declared closed.
Councilman Nader referred to the negative declaration mentioned in the Planning Commission minutes and
questioned if it had already been adopted.
Mr. Lee stated a mitigated negative declaration should be in his packet as Council was being asked to adopt
it.
ORDINANCE 2393 lIEZONING 4.92 ACRES LOCATED NORTH OF 'C' STREET (first reading)
ORDINANCE 2393 pLACF. r3 ON FIRST READING BY MAYOR COX, reading of the text was waived.
Councilman Nader stated he would have to abstain from voting as he had not received the mitigated
negative declaration until tonight.
VOTE ON ORDINANCE 2393: approved 3-0-1-1 with Councilman Nader abstaining and Councilwoman
McCandliss absent.
B. PUBLIC HEARING PCS-90-11: CONSIDERATIONOFTENTATIVESUBDMSIONMAPFORLAS
BPdSAS DEL MAR, UNIT NUMBER TWO, CHULA VISTA TRACT 90-11 - LAS BRISAS DEL MAR LIMITED -
Staff recommends approval of the resolution. (Director of Planning) /~/-~
RESOLUTION 15806 APPROVING TENTATIVE SUBDMSION MAP PCS-90-11 FOR LAS BRISAS
DEL MAR, UNIT NUMBER TWO, CHI, FLA VISTA TRACT 90-11 - LAg BRISAS DEL MAR LIMITED
Minutes
August 21, 1990
Page 14
)
RESOLUTI ON 1 S806 OFFERED BY MAYOR COX, reading of the text was waived, passed and approved B-O- 1-
1 with Councilmen Nader abstaining end Councilwomen McCandliss absent_
MSC (Cox/Nader) refer to staff the concern regarding the access point at Bay View and North Del Mar with
a report back to Council. Approved 3-0-2 with Councilmembers McCandliss end Malcolm absent.
24. PUBLIC HEARING PCZ-91-A: CONSIDERATION TO PREZONE 68.30 ACRES SOUTH OF
TRt.EGP, APH CANYON/OTAY IAKES ROAD BETWEEN PASEO LADERA AND RUTGERS AVENUE TO A-8
(AGRICULTURE) - CITY INITIATED - Staff recommends Council place ordinence on first reading. (Director
of Planning)
This being the time and place as advertised, the public hearing was declared open.
Mayor Cox stated Council would also take public testimony on Item # 15 of the Agenda, Resolution 15799.
Robert Leiter, Director of Planning, gave a brief overview of the project. Staff and Planning Commission
have recommended approval of the prezoning.
Mr. Swanson stated that notice was properly given, as required by law for eminent domain.
There being no public testimony, the public hearing was declared closed.
ORDINANCE 2394 PREZONING68.30ACRESTOA-8ASSHOWNONEXHIBITA(firstreadin~)
ORDINANCE 2394 PLACED ON FIRST READING BY MAYOR COX, reading of the text was waived, passed
end approved 3-0-2 with Councilmembers Malcolm end McCendliss absent.
25. PUBLIC HEARING CONSIDERATION OF REQUEST FOR DEFERRAL OF THE REQUIREMENT
TO INSTAIL UNDERGROUND UTILITY SERVICES AT 109 OARLAWN AVENUE BY DIVERSIFIED BUILDERS
SERVICES - The owner of the property at 109 Oaklawn Avenue proposes to build a three-unit apat hnent at
that site. The City Code requires that all utility services be convened to underground. The owner has
requested a deferral of this requirement as provided for in Section 15.32.070. The request must be
considered by Council at a public hearing. Staff recommends approval of the resolution. (Director of Public
Works) /~t,~l..~
This being the time and place as advertised, the public hearing was declared open.
Paul L. Greene Sr., 141 Lotus Drive, Chula Vista, California, representing the Greene Family Estate, felt there
should be a discussion draft on items before action is taken by Council.
Craig Womack, 121 East 31st Street, National City, California, representing Diversified Builders, pointed out
that the area is currently serviced by overhead power lines. They do not feel their request would
significantly change the aesthetics of the neighborhood.
There being no further public testimony, the public hearing was declared closed.
RESOLUTION 15807 APPROVING DEFERRAL OF THE REQUIREMENT TO UNDERGROUND
LrHLITY SERVICES AT 109 OAKlAWN AVENUE
Minutes
August 21, 1990
Page 15
RESOLUTION 15808 OFFERED BY MAYOR COX, reading of the text was waived, passed and approved 4-0-1
with Councilwoman McCandliss absent.
OTHER BUSINESS
26. ORAL COMIVlUNICATIONS
Fred Drew, 1275 Banner Avenue, Chula Vista, California, had been contacted by taxpayers concerned over
the new growth in the City and the resultant air pollution, water shortage, increased traffic and lack of street
maintenance.
Councilman Nader stated he had requested that staff check into the patterns of emissions from the SDG&E
plant, over the last month to see if they have increased oil burning.
27. ITEMSPUH.F. D FROM THE CONSENT CALENDAR (Itemspulled: 6,9,11, and15) The minutes
will follow the published agenda order.
28. CITY MANAGER'S REPORT(S)
a. Reminded Council of the Workshop on 8/23/90, at 4:00 p.m., to review the report of the GMOC and
an update on the Otay Ranch. The meeting on 8/30/90, at 6:00 p.m., is the presentation of the Growth
Management element of the General Plan and the preliminary informational review of the EIR for the
Bayfront Plan.
29. MAYOR'S REPORT(S)
a. Ratification of appointment to Boards and Commissions: Cultural Arts Commission
Requested the item be continued to the meeting of August 28, 1990.
b. Selection process for Chula Vista 21 members.
Questioned whether Council wanted to select members by a committee of the whole, establish a
subcommittee or receive recommendations from the Mayor.
Councilman Moore stated he did not want a subcommittee.
Councilman Nader felt Councilmembers should submit names to the Mayor and then have him make
recommendations.
30. COUNCIL COMMENTS
a. Councilman Malcolm:
1. Deliberate on policy and procedures the City should use regarding parties which might
involve gang activity.
Minutes
August 21, 1990
Page 16
Stated Chief Winters had assured him that if additional personnel was needed he would submit a request
through the City Manager's office. He has also been assured the department is addressing the issues.
2. Legislative Analysis:
I. Not addressed by Legislative Program; thus requiring Council action:
- SB 1785 (Koop) Charter Amendments by Initiative - Oppose
MS (Malcolm/Cox) to oppose SB 178,5.
Councilman Nader stated he would not support the opposition of the legislation. The bill would change the
number of people required to sign an initiative to amend a city charter from a percentage of all persons
registered to a percentage of those voting at the last election.
VOTE ON MOTION: Approved 3-1-1 with Councilman Nader voting no and Cotmcilwoman McCandliss
absent.
II. Consistent with Legislative Program thus requiring no Council action:
- SCA 2 (Leonard) General Obligation Bonds, Reduction of Voting Requirement - Support
b. Councilman Moore:
1. Deliberation on granting permission to Gayle McCandliss to excuse absences per Charter
Section 303.
Noted that Councilwoman McCandliss was recovering from surgery and he felt action should be taken to
protect her from requirements in Article III, Section 303 of the City Charter.
MS (Moore/Cox) as authorized by Article III, Section 303, to excuse and grant permission for the absence
of Councilwoman McCandliss due to medical reasons to September 18, 1990 and direct the City Clerk to
reflect the motion in the minutes as required by City Charter. /~/.~ ! 7
Councilman Nader felt the Charter Review Committee should review and possibly clarify this section for
future Council members.
VOTE ON MOTION: approved 4-0-1 with Councilwoman McCandliss absent_
Paul L. Green Sr., 141 Lotus Drive, Chula Vista, California, questioned whether Council had accumulated
sick leave.
Mayor Cox responded that Council did not have accumulated sick leave and the only loss of compensation
would be for Redevelopment Agency meetings in which a member must be in attendance.
Mr. Greene requested that Council consider letting the runner up for Council seats "sit in" for absences on
the Council, with items ratified at the next meeting.
c. Councilman Nader:
l. RESOLUTION 15808 RESOLUTION OF THE CITY COLrNCIL OF THE CITY OF CHULA
VISTA APPROVING SALARY ADJUSTMENT FOR THE CITY CLERK /~/,~/~
Minutes
August 21, 1990
Page 17
RESOLUTION 15808 OFFERED BY COUNCILMAN NADER, reading of the text was waived.
Mayor Cox questioned whether a 4/5's vote would be required.
City Manager Goss stated that funds were available and that only a majority vote would be required.
Councilman Nader stated Clause I should read "an annual salary increase pro rated monthly".
VOTE ON MOTION: Approved 4-Od with Councilwoman McCandliss absent.
City Attorney Boogaard stated the interpretation he had been given was that the resolution represented an
annual increase of $3,500, so that the period of compensation in question from January I to June 30 would
be a $1,750, which is paid in equal monthly installments but is now all due and payable. This would create
a new base, as of July 1 that would be $3,500 higher with the same for the tuition allowance.
Mayor Cox stated it would be retroactive from January 1st to June 30th. He stated that by deleting "pro
rated monthly" and add "annuaP, it would clarify the intent.
City Attorney Boogaard stated "annually" should be added between 'a" and "salary".
VOTE ON MOTION: approved 4-0-1 with Councilwoman McCandliss absent.
2. Recommendations regarding agenda procedures for Boards and Commission
recommendations.
Expressed his concerns over Boards and Commissions being able to place an item on the agenda in a timely
manner. He would like to have an agenda heading for Board and Commission Recommendations, which
would allow a Chairperson to contact the City Clerk with an item, that had been approved by a majority of
the Commission, and have it placed on the agenda.
MS CNaderAVIoore) to direct the City Attorney to bring back to Council an appropriate ordinance or policy
amendment, which would establish a heading under the Consent Calendar for Board and Commission
recommendations. The Commission Chairman, with a majority vote, could place an item on the agenda
through the City Cleric
Mayor Cox felt it was incumbent on staff supporting the Board or Commission to better realize that the
Boards and Commissions are a direct extension of Council and response should be directly back to Council.
Councilman Nader stated this would cover items the Board or Commission initiated, not those that Council
had referred to them.
Councilman Malcolm did not feel it would be that easy. He felt there was an order of business that should
be followed.
SUBSTITUTE MOTION: CMoore) notify the Chairmen of all Commissions, and make it a Council policy, that
action of Commissioners through a majority vote, supported in the minutes, that ff they wish to bring an
item to the Council's attention, it would be forwarded to the City Clerk's office to be put under a specific
number on the agenda (i.e. #22 - Recommendations from Commission Chairs). Approved '1-0-1 with
Councilwoman McCandliss absent. /~-q / ?
3. Questioned whether there would be a Boards and Commissions workshop in the fall.
Minutes
August 21, 1990
Page 18
City Clerk Authelet responded that the Boards and Commissions Handbook was being updated and once
completed the workshop would be held.
4. Questioned whether the candidates had been notified of the new campaign sign ordinance
and requesting the candidates obey the law even though it would not be enforced for thirty days.
City Attorney Boogaard felt his letter had adequately reflected Council's desires, but he would clarify their
position in a follow-up letter.
ADJOURNMENT
The meeting adjourned to a Redevelopment Agency meeting at 10:35 p.m. to discuss:
1. RESOLUTION 1110 GRANTING AUTHORITY TO STAFF TO LrNDBRTAKE STUDIES FOR THE
PURPOSE OF SRI.RCHNG A SITE IN THE CITY FOR THE ESTABLISHMENT OF A HIGH RETAIL SALES TAX
GENERATING LAND USE SUCH AS AN AUTO PARK, OTHER THAN EAST 'l-r' STREET, PREPARING
NECESSARY PLANS AND AGFIF. F. MENT, AND APPROPRIATING FUNDS THEREFOR (4/5's vote required)
2. RESOLUTION 1111 APPROPRIATING FUNDS AND APPROVlNG AGRRF. MENT TO NEGOTIATE
FOR RIGHT OF REFUSAL WITH CITY OF CHIILA VISTA FOR THE CORPORATION YARD PROPERTY (4/5's
vote required)
The City Council/Redevelopment Agency met in a closed session at 10:45 p.m. to discuss:
Potential acquisition of property pursuant to Government Code Section 54956.8 - 221 Third Avenue
(Jacob and Herbert Wenig, owners)
Potential acquisition of property pursuant to Government Code Section 54956.8 - 4501 Otay Valley
Road (Roderick and Patricia Davies, owners); 4705 Otay Valley Road (Jimmie and Judi Shinohara,
owners); Parcels 624-060-27 and 624-060-09 on Otay Valley Road (Vincent and Margaret Davies,
owners) Parcel 624-040-45 on Otay Valley Road (Atomic Investments, Inc., Leonard Teyssier,
owner); 350 Third Avenue (One Park, Ltd., owner); 798 F Street (Rados Brothers, owners); and the
Northeast Corner of Fifth Avenue and H Street - 8.82 acres (Fee owner: Garrett, Ltd., a California
Limited Partnership, David S. Casey, Sr., Wayne P. Lill, and Metropolitan Shopping Square, Ltd.)
ADJOURNMENT AT 11:10 P.M. to the Regular City Council Worksession on August 23, 1990 at 4:00 p.m.
in the City Council Chambers.
Respectfully submitted,
BEVERLY A. AUTHELET, CMC, City Clerk
by: \ . ' ,I: ' ',~ '. ;'Z · C ~. ~.. !
Vicki C. Soderquist, f)eputy City Clerk