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HomeMy WebLinkAboutcc min 1991/04/16 MINUTES OF A REGULAR MEETING OF THE CITY OF CHULA VISTA Tuesday, April 16, 1991 Council Chambers 6:10 p.m. Public Services Building CAI.I.EFI TO ORDER. 1. CALL THE ROl,k PRESENT: Councilmembers Malcolm, Nader, Rindone, and Mayor Pro Tempore Moore ALSO PRESENT: John D. Goss, City Manager; Bruce M. Boogaard, CityAttorney; and Beverly A~ Authelet, City Clerk 2. pI.Kr~3E OF A~ J .~..GIANCE TO THE FLAG, SIIJ~.NT PRAYER 3. APPROVAL OF MINUTES: None submitted. 4. SPECIAL ORDERS OF THE DAY: a. Re~olution of the Board of Directors of San Diego Country Club recognizing services performed and conm'butions made to the City of Chula Visa by the hte Mayor Gayle McCandliss - Presentation of the resolution was made by Robert Campbell representing the Board of DirecWrs. b. proclsiming Week of April 15 through 19, 1991 as 'Fair Housing Week* - Proclamation was presented by Councilmen Malcolm to Eric Money-Penny, Fair Housing Coordinator for the City of Chula Visa. Mr. Money-Penny presented certificates to the winners of the poster contest. c. Presentation of certificates to srudeuts that went to Irapuato, Mexico and a report from Nancy Jimenez-T aboada of the Chula Vista special ~,h ~it and Twentieth Annivenary Recognition at the Strawberry Fe~fiv-.d in Irapuato. Certificates were presented by Councfiman Malcolm to Norma Gfibert, Ana Urrufia, and Jose Gonzalez. Nancy Jimenez-Taboada, representing the International Friendship Commission, presented Councfiman Nader with a letter of appreciation from Jose Reyes. Five students will be recruited for the summer program, ages 15 to 23. Information is available through the International Friendship Commission or by contacting Ms. Jimenez-Taboada. d. Prod~imlug Week of April 21 through 27, 1991 as *National Volunteer Week* - Proclamation presented by Councilman Malcolm to Candy Boshell, Director of Personnel on behalf of Toni McKeen, OWL Coordinator for the City of Chula Visa. e. proclaiming Aprfi 15-26, 1991 *Points of Light Celebration of Service'. Proclamation presented by Conncfiman Malcolm to Pam Smith, Chairmen of the Human Services Councfi. CONSENT CAI.I~NDAR (Items pulled: 5a, 5b, 8, and 12) MSUC (MoorefNader) to continue Item #12 to the meeting of April 23, 1991. Minutes April 16, 1991 Page 2 BALANCE OF THE CONSENT CA~ .~NDAR OIq, ERED BY MAYOR PRO TEMPORE MOORE, reading of the text was waived, passed and approved uoanirnously. 5. WRI1 le/,l COMMUNICATIONS: a. clalm~ Atpin~t the City:. claimant No. 1: Elizabeth Scott, Erick Robert Scott, Michelle Elizabeth Scott, and Elizabeth Scott on behalf of Erick Robert Scott and Michelle Elizabeth Scott, c/o Daniel R. 'KnoWIron, Attorney at Law, 2128 Arnold Way, Suite 2, Alpine, CA 91901. Claimant No. 2: John Dennis Coffey, P.O. Box 121866, Chula Vista, CA 91912-6566, Claimant No. 3: Jose Vidrio and Maria Vidrio, c/o 'Legal Aid Society of San Diego, Inc., 110 South Euclid Avenue, San Diego, CA 92114, Claimant No. 4: Jones /Intercable of San Diego, Inc., c/o Jerold H. Goldberg, Esq., McDonald, Hecht & Solberg, 600 "B' S~eet, Suite 1100, San Diego, CA 92101. Staff recommends that the claims fried by Elizabeth Scott, Erick Robert Scott, Michelle Elizabeth Scott and Elizabeth Scott, John Dennis Coffey, Jose Vidrio and Maria Vidrio, and Jones Intercable all be denied. Pulled from the Consent Calendar. /~ MSUC (MooreTNader) to take no action on the claim by Jones Intercable and deny all other City Attorney Boogaard stated that staff would return the claim from Jones Intercable as late and therefore there was no need for a denial. b. Letter requesting City Council remove James Stephens from the Resource Consaration Commission - Bob Fox, Chairman, Resource Conservation Commission. Staff recommends that the Resource Conservation Commission's request to remove James Stephens as a member, due to excessive absences, be approved and that the vacancy be advertised. Pulled from the Consent Calendar. MSUC (Nader/Rindone) to continue the item to the meeting of 4/23/91 and direct staff to notify Mr. Stephens of the request from the Resource Conservation Cornmj~siolL c. Petition requesting an all-way stop at the corner of Eastllke Drive and Lakeshore Drive - Citizens of Chula Vista. Staff recommends that the petition requesting an all-way stop at the corner of EastLake Drive and Lakeshore Drive be referred to staff and the Safety Commission for review and report. d. Letter requesting review and adoption of resolution supponlng advisory petition ~ Alan Herridge, .5369 Balboa Avenue, San Diego, CA 92117. Staff recommends that the letter from Alan Herridge be received and filed. e. Letter requesting clarification of'advisoz3? and 'designated employees'. Suzanne C. Miller, Library Board Chairman. Staff recommends that no further action be taken with regard to the letter. 6. ORDINANCE 2450 AMEaNDING SECTION 2.05.010 OF THE CHULA VISTA MUNICIPAL CODE TO ESTABLISH THE ~ MANAGER PO~I'I'ION IN TIIE UNCLAS~II~UiD SERVICE fsecond reading and adoption) - The report concerns the establishrnant of a Revenue Manager position in the Finance Depaz'U,,ent. After review of the expected financial benefits of this position, it is concluded that the position should be established prior to the start of the fiscal year. Staff reconunends Council place ordinance on second reading and adoption. (City Manager) 4/S's vote required. Continued from the meeting of 04/09/91. /5~ Vo Minutes April 16, 1991 Page 3 7- ~LIJTION 16123 APPROVING CONTRACT AND APPROPRIATING FUNDS FOR FISCAL ANALYSIS AND ECONOMIC MONITORING REPORT WITH JOHN MCTIGHE AND/k.~SOCIATES - The revised economic/fiscal threshold contairled in the Growth Management Program calls for an annual 'fiscal impact report' to provide an evaluation of the impacts of growth on the City as well as an annual "economic monitoring report'. These reports will requite the assistance of outside consultants because the City staff does not have the available personnel and tecimieal expertise to conduct the analysis. Staff recommends approval of the resolution. (Ditector of Planning) 4/5's vote required. Continued from the meeting of 04/09/91. 1~2q I 8. RESOLLrlION 16130 APPROVING PROPOSED BUDGET AND ACCEFrING ACHIEVEMENT REPORT FOR THE DOWNTOWN IMPRO~ Dlb-iitlCT - The Downtown Improvement District was formed to promote business activity in downtown Chula Vista. The Districes promotion efforts are funded by a special assessment applied to each business annually in the district. Each year the Town Centre Business and Professional Association submits a proposed budget and reports on their activities. Staff recommends approval of the resolution. (Ditector of Finance) Pulled from the Consent Calendar./d~q? Councilman Nader stated that it was stalTs recommendation that the appropriation of funds for a downtown manager be deferred. He questioned whether this should be plaeed in the budget with the understanding that it would only to allocated when a job description and plan were fully developed. It was his hope that this would help to expedite the project rather than causing another delay in seeking appropriation for this position in the future. He felt the downtown area was significant to the City both eeonomieally and socially and that the money involved was a good investment. City Manager Goss responded that staff did not recommend the inclusion of the position in the budget at this time but that did not mean they did not support the creation of the position. There were a number of issues being discussed between staff and the Downtown Business Association and therefore staff did not feel comfortable in presenting this to Council for consideration at this time. Without knowing what the program would be it was difficult to set a dollar amount, this was also an issue for negotiations. Mayor Pro Tampore Moore stated he had a problem in designating $50,000 for the next five years for the position. He also noted that the position benefits only one area of the City rather than all the commercial areas. Councilman Malcolm stated that the details of the downtown business manager would be included in a report coming before Council within the next several months. He felt Council should move forward with the resolution and address the issue of a downtown manager when they have the report for review. Councilman Rindone felt that staff should be allowed to make an intensive study regarding the issue with recommendations back to Conneff. Staff should be aware that the Council conceptually supports the position of the downtown manager. RESOLUTION 16130 OI-I, BRED BY MAYOR PRO TEMPORE MOORE, reading of the text was waived. City Manager Goss stated that the issue would be addressed during the budget process but unless the in- depth report was completed within the next 10-15 days, he was not sure that staff would be any more prepared to address the issue at that time. Chris Salomone, Ditector of Community Development, estimated that the report would be ready in approximately sixty days. Minutes April 16, 1991 Page 4 VOTR ON RESOLUTION 16130:. approved unanimously. MSUC (Nader/Malcohn) to direct stuff, as part of the upcoming budget process, m present an option to include an appropriation for a downtown manager. 9. RESOLUTION 16131 APPROVING AN AGRRFMENT WITH THE COUNTY OF SAN DIECO FOR THE CONSTRUCTION OF WATER COURSE IMPROVEMENTS IN LONG CANYON DRAINAGE BASIN - This is an agreement to share the costs for drainage improvements in Long Canyon Basin for an unincorporated .portion of the County of about 700 feet in length. The estimated cost for construction is $106,000 with the County paying 50 percent and the City of Chula Vista paying the other 50 percent. The Cit~/s portion of the cost would be derived from three sources: C1) a contribution from EastLake Development Company, (2) a contribution from McMfllin Development Company, and (3) drainage fees paid from the developers in the Bonita Long Canyon Basin area. Staff recommends approval of the resolution. (Director of Public Works) 10. RESOLUTION16132 ACCEPTING BIDS AND AWARDING CONTRACT TO STEINY AND COMPANY, INC. FOR TRAFFIC SIGNAL MODIFICATIONS AT SECOND AVENUE AND 'I~ b'I-KEET AND SECOND AVENUE AND traffic signal modifications at Second and *F' and Second and *H'. Staff recommends approval of the resolution. (Director of Public Works) 11. RESOLUTION 16133 ORDERING THE tl'lY ENGINEER TO PREPARE AND FILE REPORTS FOR u'IY OPEN ~PA(~ MAINTENANCE DISTRICI~J FOR 12I' 1991-92 - In order to begin the process of levying the annual assessment for parcels within all open space districts, the City engineer must prepare and file an annual report for each district. This resolution begins the process of renewal for coming FY 1991-92. Staff recommends approval of the resolution. (Director of Public Works) 12. REPORT ON PROPOSALS FOR DEVELOPMENT OF crrY OWNED PROPI~.TY AT 4400 BLOCX OF BONITA ROAD - This report is regarding proposals for development of a three-acre parcel adjacent to the Municipal Golf Course. Staff recommends that Council continue to the meeting of April 1991. (Director of Community Development) Pulled from the Consent Calendar. Continued to the meeting of 4/23/91. * * END OF CONSENT CALENDAR * * PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES The meeting adjoined to a joint Councfl/Redevelopment Agent? meeting at 6.'20 pan, to discuss the followin~ 13. ~LUTION 16134 APPROVING OWNER PARTICIPATION AGBRRMENT BF/OP NUMBER 03 WITH ROHR INDUb-rl~-q TO CONSTRUCT AN OFFICE BUILDING AT 850 LAGOON DRIVE, CEKI1FflNG EIR-90-10 AND ADDENDUM THERETO, ADOPTING CEQA FINDINGS, A STA~ OF OVERRIDING CONSIDERATION AND AIVu-IIGATION MONITORING PROGRAM, AND APPROPRIATING $150,000 TO THE Minutes April 16, 1991 Page 5 BAYFRONT FINE ARTS ACCOUNT - REDEVELOPMENT AGENCY 1/EM - This item does not require a public hearing, but is related to the following public hearing. Resolution to approve an Owner Participation Agreement with Rohr Industries for the construction of a 245,000 square foot office building on 850 Lagoon Drive. In addition, the resolution will certify environmental documents and adopt a statement of overriding consideration and mitigation monitoring program. Staff recommends Council continue the item to the mee~ngof04/23/91. (Director of Community Development) MSUC (Moore/Nader) to continue Resolution 16134 to the meefin~ of 4/2,3/91. 14. PUBLIC HFAP, ING CONSIDERATIONOFCOASTALDEVELOPMFANTPEP, MIT NUMBER 52 FOR CONb-rRUCTION OF 245,000 SQUARE FOOT OFFICE BUILDING AT 850 LAGOON DRIVE - COUNCIL ITRM - Public hearing to consider a Coastal Development Permit for the construction of a 245,000 square foot office bufiding on 850 Lagoon Drive. In addition, Councfi will consider certification of environmental documents and adoption of a statement of overriding consideration and mitigation monitoring program. Staff recommends that Conllcll continue the public hearing and resolution to the meeting of 4/23/91. (Director of Community Development) /~ ~ MSUC (Meere/Nader) to continue the Public Hearing and Resolution 16135 to the meeting of 4/23/91. RESOLUTION 16135 CERIlIqlNG EIR 90-10 AND ADDENDUM THERETO, ADOPTING CEQA FINDINGS AND A STATEMENT OF OVERRIDING CONSIDERATION, ADOPTING ~ll IIGATION MONITORING PKOGRAM, ADOPTING FINDINGS FOR A HEIGHT AND SIDE YARD ~IflBACK VARIANCE, ENTERING INTO A PARKING AGRRRMENT WITH ROHR INDUSTRIES AND FINDING ROHR INDIJ:hKIF_.S PROPOSAL TO CON~'IKUCT A 245,000 SQUARE FOOT OFFICE BUILDING IS CONSIb~fI~IT WITH THE CER-rlI, IF.D CHULA VISTA LOCAL COASTAL PROGRAM, AND APPROVING ISSUANCE OF CO/k~;TAL DEVELOPMENT PERM1T NUMBER 52 15. PUBLIC HEARING CONSIDERATION OF IAND USE PERMIT FOR ACA TRAFFIC SCHOOL AT PARK PLAZA AT THE VIIJAGE - REDEVELOPMENT AGENCY ITEM - Alan Cotten and Associates proposes to sign a lease agreement with the Park Plaza at the Vffiage landlord and requests Agency approval to locate a traffic school in one of the vacant suites. Locating this type of land use within the Park Plaza complex requires a Land Use PenniL Staff recommends that the Agency hold a public hearing, accept the report and approve the Land Use Permit subject to the condition that the school's staff and students park on the second or third floor of the parking structure. (Director of Community Development) /~,~,~ Mignel Tapia, Community Development Specialist, gave a brief review of the request and stated staffs recommendation was to hold the public hearing, accept the report, and approve the land use permit subject to the condition that the school's staff and students park on the second or third floor of the structure. In addition, add the recommendation from the Town Centre Project Area Committee which was: 'that the permit be limited to three years with the understanding that the applicant could request that the permit be reviewed again by the Town Centre Project Area Committee and the Redevalopment Agency'. This being the time and place as advertised, the public hearing was declared open. There being no public testimony, the public hearing was declared closed. MSUC CMoore/Rindone) to accept the report mabject to the conditions requested by staff and the Town Centre Project Area Committee. 1v~lutes Page 6 The joint City Council/Redevelopment Agency meeting adjourned at 6:35 p.m, and the Council meeling 16. PUBLIC HEARING PCA-91~4, CONSIDERATIONOFPROPO~S~DAMENDMIEN1STOO-MPTERS 19.O4 AND 19.48 OF THE MUNICIPAL CODE RELATING TO THE PROVISION OF COMMUNrLY PURPOSE FAcBj-iiF. S - Proposed modifications to the PC zone standards requiring that land area be designated for "Commtmity Purpose Fac~ities' within Planned Communities Staff recommends that Counc~ adopt Negative .Declaration, IS-91-17, place ordinance on first reading, and refer the issue of the adequacy of day-care facilities in new developments to the Child Care Commission and staff for review. (Director of Planning) "City Attorney Boogaard distributed an mended copy of the ordinance 2452A. Robert Leiter, Director of Planning, gave a brief history of the project. The report and recommendations were presented to the Planning Commission during a public hearing at which time the Commission recommended adoption of a specific ordinance amendment which is before Council tonight. Duane Bazzel, Senior Planner, stated the proposed ordinance had been amended to include: 13 Annual review by the City Council; 2) Conditional Interim Uses Permitted After 5 Years; and 3) Section V - Annual Review of the Ordinance by City Council be deleted. Staff recommends that Counc~ adopt the Negative Declaration, place the ordinance, as amended, on first reading, and refer the issue of day care to the Ch~d Care Commission and staff for flirther review. .City Attorney Boogaard added the following verbiage to Page 8, line 5, after the word "facility~ in the mended ordinance: "af'/er the issuance of the first certificate of occupancy on a slrncture within the SPA plan area". This being the time and place as advertised, the public hearing was declared open. John Seymour, 6336 Greenwich Drive, #F, San Diego, CA, representing the Construction Industry Federation, spoke in opposition to the amount of acreage recommended for churches only and supported the concept of a community purpose facilities ordinance. He had just received the amended ordinance and therefore had not had time to review the amendments nor the language just added by the City Attorney. There are no other cities that he is are aware of that has this type of ordinance and therefore encouraged the Counc~ to be cautious and flexible in applying the regulation. It was his recommendation that the ordinance be amended to replace the inflexible 1.39 acres per 1,000 standard, with a range. Specifically, the ordinance should be modified to require that future projects include 1.0 acres to 1.40 acres per 1,0OO population for community purpose fac~ities. Bruce Young, 31891 Via Pato, Trabuco Canyon, CA 92679, representing the Ecumenical Council of Southern California, spoke in support of the staff recommendation. He requested that Counc~ approve the ordinance and review within the next two-three years for possible updating. Rick Johnson, 391 Bay Led Drive, Chula Vista, CA, spoke in support of the staff recommendation. He expressed his concern that the addition regarding the "5 years" would artificially raise the price of the property. Charles Dobbs, 3S4 Roman Way, Chula Vista, CA, representing Park Hill United Methodist Church, spoke in support of the staff recommendation. He expressed his concern regarding the 'price fixing" of the property. Minutes April 16, 1991 Page 7 Dennis E. Breedlove, 4091 Chanute Street, San Diego, CA 92154, representing Calvary Chapel of Chula Vista, spoke in support of the staff reeornmendation. He expressed his concern regarding the amendment of 'S years" and requested that Cormell approve the ordinance. Emerald R~ndolph, 84 East 'J' Street, Chula Vista, CA, Vice-Chair of the Human Services Council, spoke in support of the staff recommendation. She requested that the Human Services Council be included in review of proposals for new major developments. The Human Services Council would support an expanded list of sen, ice definitions to be included in the community purpose facilities program. Richard H. Hensget, 893 Monserate Avenue, Chula Vista, CA, representing the First Baptist Church of Chula Vista, spoke in support of the staff recommendation. He expressed his concern over the '5 year~ amendment. Vaughn Lyons, 1958 Second Avenue, #122, San Diego, CA 92101, representing the San Diego County Ecumenical Conference, spoke in support of the staff recommendation. Tim Jones, 978 Myra Avenue, Chula Vista, CA, Member of the Church Task Force, recommended a "7-8 year' period rather then the proposed "5 years~ and that Council consider institution of this upon a 20o/6 occupancy. He did not feel that subsection iii, #1 of the ordinance was necessary. He did not feel the 1.39 acre requirement was sufficient as it did not consider playgrounds. He would support the ordinance only because there is a built-in review period. City Attorney Boogaard responded it was his opinion that 20% occupancy would be difficult to calculate and become burdensome to staff. Don Schock, 853 Blackwood Road, Chula Vista, CA Member of the Church Task Force, expressed his concern over the addition of the '5 year" amendment. He felt the ordinance was a start and therefore could support the recommendation. There being no further public testimony, the public hearing was declared closed. Councilman Malcolm questioned whether the Council would have the ability to review the amount of land set aside and if deemed to be incorrect that Council could change the use. He felt that Council needed to retain flexability for the Planning Dep~hxxent. This should be utilized as a threshold with a target level of 1.39 acres. The ordinance was a strong step forward but he would like to amend it so that the Planning Director and City Manager would have flexibility to bring forth different SPA plans with different amounts of acreage set aside. Acreage should be determined upon the entire development venus individual SPA plans. City Attorney Boogaard responded that Council would review the ordinance annually and that it would be within Council's authority to change the usage if deemed appropriate. MS (M~lcolm/Moore) amend ordinance 2452 to designate 1.39 acre~ as a threshold or goal with ~ea'hility ~ to slaff~ p]~uulng Commi~iol~ and Council to change acreage. Counc~man Rindone felt the ordinance offered flexibility and that 1.39 acres should be a minimum goal. He felt that Council should be pro-active and move forward with the ordinance. With the review process Council will be able to raise the minimum as necessary. Councilman Nader congratulated the Task Force on their efforts. He did not suppor~ the motion as he felt it was already included in the ordinance (C on Page 2) which would allow Council to reduce the acreage. He felt the community wanted more assurance than the motion would give. If during the annual review it Minutes April 16, 1991 Page 8 is apparent that the developers are holding back land, he would be in support of removing that section of the ordinance. MOTION WITHDRAWN BY COUNCI~ MAN MALCOLM. ORDINANCE 2452 AMENDING CHAFIERS 19.04 AND 19.48 (first reading). ORDINANCE 2452A, AS AMENDED, PLACED ON FIRST READING BY MAYOR PRO TEMPORE MOORE, ,reading of the ten was waive& City Attorney Boogaard recommended an amendment to the amended ordinance, page 8, subparagraph (b) to add after the word designated: ', and the marketing activity associated therewith,' MSUC tlVloore/Nader) to amend the ordinance to include on page 8, subparagraph (b) after the word designated the addition of:. ', and the marketing adlvliy assodated therewith.' VOTE ON ORDINANCE 2452~ approved unanimously. OTHER BUSINESS 17. ORAL COMMUNICATIONS: None ACTION 18. ORDINANCE2451 ADDING CHAPTER 2.31AND AMENDING CHAPTER g. SOOFTHRCHULA VISTA MUNICIPAL CODE RRIATING TO MOBILE HOME PARKS RENT REVIEW COMMISSION (fit,st readin~l - At the present time, the City has a rent arbitration ordinance which provides a mechanism for park residents to appeal a rent increase when the increase exceeds the percentage increase of the Consumer Price Index for any twelve month period. The recommended Municipal Code changes address issues relating to the efficacy of the ordinance. Statf recOmmands COUDCil con~llue the iteln to the !~eefi139 of 05/14/91. (Director of Community Development) Continued from the meeting of 04/09/91. 7~'~/ MSUC (Rindone/Moon) to coathue to the meeting of 4/23/91. 19. BOARD AND COMMISSION RECOMMENDATIONS: ORDINANCE 2453 AMENDING SECTIONS 2.28.020, 2.28.040, AP~ 228.050 OF CHAFIlm. 2.28 RELATING TO THE BOARD OF ETHICS (first reading) - At the April 4, 1991 Board of Ethics meeting, the Board voted unanimously to make changes to various sections of Chapter 2.28 relating to the application of the Ethics Code, unfair and equal treatment section and specific prohibitions contained in the Unethical Conduct section. Board recommends that Council place ordinance on first reading. ORDINANCE 2453 pLACR-n ON FI]IST READING BY MAYOR PRO TF. MPORE MOORE, reading of the text was waived, passed and approved 3-0-1 with Counr~mnn Nader absent. Minutes April 16, 1991 Page 9 20. ITEMS PIBl~n FROM THE CONSENT CALENDAR (Items pulled: 5a, 5b, 8, and 12) The minutes will reflect the published agenda order. 21. CrlY MANAGERS REPORT(S} a. Scheduling of meetings. A ground breaking for the Chula Vista Youth Community Center on 'L" Street had been scheduled for May 8th at 9:00 a.m. Counc~ had requested that the budget be released earlier and staff will comply with this request. A memorandum will be sent to Counc~ requesting that they choose ava~able dates for budget review sessions. b. Informed Council that the application for funding of the Library at 4th Avenue and Orange is included in the finel 51 applications. According to information received, the City is ranked 4th out of the 51. The request is for $6.7 million. Mayor Pro Tempore Moore has sent a letter requesting the funding of the project 22. MAYORS REPORTIS} a. Request from Chula Vista Elementary School District regarding joint meetings. City Manager Goss stated he would set-up a joint meeting. b. Graffifl Ordinance and Penalties: Discussion and potential Councfi actions to include, but not limited w, material control and corrective action costs. MS (Moore/Nader) direct staff to set up a meeting with the utility companies, Chamber, and appropriate City staff to disctlss fixis commslnity problem and how it is being h~ndled by other agencies. 1~*,~ Councilman Nader stated there were a number of citizens in the community that would like ta get involved and he hoped that meetings scheduled by staff would be highly publicized. He requested that staff also research grafflti ordinances of surrounding communities and expressed his concern that graffiti is being generated by gangs and/or drug dealers. City Manager Goss responded that in comparing the City's ordinances with surrounding areas it was found that they were almost identical. Staff is prepared to bring back an ordinance regarding 'felt-tip markers' fight away, VOTE ON MOTION: approved unanlmously. 23. COUNCIL COMMENTS Councilman Malcolm: a, Referred to a memorandum received regarding the health of a City employee and his wife and questioned whether staff would be able to set up payroll deductions for employees wishing to donate to this family. b. Parkway Park will be dedicated in the near furtire and he would like to inslract staff to include Mayor Gayle McCandliss along with the four existing Councilmembers on the plaque. Minutes April 16, 1991 Page 10 e. Bayfront Development Agreement Subcommittee - Replacement for Greg Cox. There are two subcommittees, one for the development agreement and the Other to sell off excess lend. A planning group was also established to work with the developer to lower the density of the project. MOTION: (Malcolm) replace Greg Cox with Leonard Moore on the Bayfront Development Agreement SllbcommlrrLse. Motion failed for lack of second. Mayor Pro Tempore Moore requested that the appoinm~ent be deferred until after the Mayoral election. Councilman Rindone: Trench access ordinance proposal - Reviewed the past history taken by the City Counc~ regarding this issue. He felt there was a great deal of research and input by staff to Council regarding potential liability before any decision was made. It was staffs opinion that the proposed ordinance was illegal. He stated the reason for his no vote on the ordinance was a result of two confidential memorandums which stated that the passage of the ordinance was not in the best interest for the City of Chula Vista. The issue of lower rates and maintaining eompetirion is a critical issue and is one that every Councilmember suppores but he would not sacrifice the possib~ity of legal ramifications over those issues. He felt that citizens h~d been led to believe that the ordinance was denied for other reasons and would therefore suppott the release :to the public of the two confidential memorandums. City Attorney Boogaard responded that it was a Council privilege to release the confidential memorandums and he would not object to the release. Councilman Malcolm replied that he had previously stated he would support an ordinance if there was an 'indemnity for the City. Competition had brought in lower rates, other areas of the City without competition :pay much higher rates. He wanted a trench ordinance in order to keep the *little guy' going. When Chula Vista Cable came forth with an indenmity agreement and offered to pay the City's legal costs he was willing to go along with the ordinance. He felt there was a legitimate difference in what Councilmembers felt indemnification was worth and how much time and effort they wanted to put the legal department through. The release of the confidential documents, as long as it did not jeopardize the City now, or when there would be five members and the Council changed their vote, it would be alright with him. City Attorney Boogaard informed Council the issue was not an agendized item and requested that it be doeketed for the next meeting at which time he would report back to Council on issues raised. The City had requested full indemnification and the owner of Chula Vista Cable wanted to set a dollar limit. MS (Rindone/Nader) to docket the issue of inclpmni~cation for a u~nch fee Ordinance for the next City Coundl meeting. Councilman Nader felt that if the confidential memorandum was released a copy of the transcript of the meetLug should also be released. It was never his intent to leave the City open for liability and it was his opL~on that the argument that the trench fee ordinance was illegal was not necessarily valid. He would support the docketing of this item for the next meeting. Councfiman Malcolm questioned whether the motion that was made was to place the ordinance on first reading, with no amendments on the floor, was drafted by the City Attorney with his indemnification and wording. Minutes April16, 1991 Page 11 City Attorney Boogaard responded that he would like to review the Wanscript and then report back to Council. VOTE ON MOTION: approved unanimously. ADJOURNME~ City Attorney Boogaard informed Council that there would be no need to meet in Closed Session for Hall venus City of Chula Vista, et al. as the City had obtained a dismissal of the case. ADJOURNMENT AT 9:17 P.M. to the Regular City Council Meeting on April 23, 1991 at 6:00 p.m. in the City Council Chambers. Respectfully submitted, BEVERLY A. ALITI-IF.I .F.T, CIVIC, City Clerk