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HomeMy WebLinkAboutcc min 1989/02/21City Council met in Closed Session at 6:30 to 7:08 p.m. to discuss Personnel, Roberto Robles v. City of Chula Vista, et al., and Merziotis v. City of Chula Vista. MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA Tuesday, February 21, 1989 Council Chamber 7:10 p.m. Public Services Building ROLL CALL PRESENT: Mayor Cox, Councilmembers McCandliss, Nader, Malcolm and Moore ABSENT: None ALSO PRESENT: City Manager Goss; Deputy City Manager Morris; City Attorney Harron PLEDGE OF ALLEGIANCE TO THE FLAG, SILENT PRAYER 1. APPROVAL OF MINUTES Councilman Nader requested and Councilman Moore concurred that the Minutes of February 14, page 12, 2nd paragraph, "Vote on the Motion" should reflect that Councilman Nader voted aye; Councilman Moore voted no; and the last line of page 12 should state " contributions of $2500 or more. " MOTION MSUC (Moore/Cox) to approve the Minutes as amended for the Regular Meeting of February 14, 1989. 2. SPECIAL ORDERS OF THE DAY a. PRESENTATION TO GREG SEREMENTIS OF PROJECT CONCERN COMMENDING EFFORTS IN WALK FOR MANKIND EVENT RESOLUTION 13970 COMMENDING PROJECT CONCERN FOR THEIR HUMANITARIANISM AND SPONSORSHIP OF MARCH 4, 1989 WALK FOR MANKIND DAY IN CHULA VISTA Mayor pro tempore Nader presented the Resolution, adopted at the Meeting of February 14, to Greg Serementis on behalf of City Council. Mayor Cox applauded Mr. Serementis' efforts to coordinate this event in the City of Chula Vista. Participants in this or any of the seven other walks throughout the County of San Diego on March 4 can register at any Pizza Hut. MINUTES 2 February 21, 1989 CONSENT CALENDAR (Items 3a 17) Mayor Cox reported a correction on 3e; the requested parade date is now scheduled to be on Labor Day, September 4. Item 8 was deleted from the Agenda by staff for modification. Pulled items: 3a, 3f, 5, 13, 14, 16; items 12 and 18 require a 4/5 vote as appropriation items. Councilman Moore reported he will vote "no" on item 15. Councilman Malcolm explained he will vote "no" on item 17 because he believes that $500 per family is "too much"; Councilman Nader, although in agreement with Councilman Malcolm, will support item 17 based on action taken to direct staff to accumulate all contributions. COUNCILWOMAN McCANDLISS OFFERED THE BALANCE OF THE CONSENT CALENDAR which was read by titles, the reading of the texts waived by unanimous consent and approved. 3. WRITTEN COMMUNICATIONS a. REQUEST FOR ASSISTANCE IN PURCHASE OF POLICE VEHICLES FOR THE CITY OF TIJUANA Augie Bareno, Director, Department of Transborder Affairs, 1600 Pacific Highway, Room 273, San Diego 92101-2422 Pulled from the Consent Calendar. b. REQUEST FOR STOP SIGNS AT JEFFERSON AND FLOWER STREETS - Edward Aceves, c/o Feaster Elementary School, 670 Flower Street, Chula Vista 92010 Council directed staff and the Safety Commission to study the petition seeking additional stop signs at Jefferson and Flower Streets and to report back to Council. c. RESIGNATION FROM ELDERLY & HANDICAPPED TRANSPORTATION ADVISORY COMMITTEE (HANDYTRANS) Eileen Skelly, 219-A Fourth Avenue, Chula Vista 92010 Council accepted with regret the resignation of Eileen Skelly from Chula Vista's Elderly and Handicapped Transportation Advisory Committee (Handytrans). d. CONCERNS REGARDING TRAFFIC PROBLEMS AT SIERRA WAY/COUNTRY CLUB DRIVE AND NEED FOR INCREASED TRAFFIC PATROLLING Robert Povondra, 22 Palomar Drive, Chula Vista 92011-1414 Council directed staff to advise Mr. Povondra, while one member of Council may have made reference to "special attention" to the intersection of Sierra Way and Country Club Drive during the six-month study period, the specific direction of Council to staff did not limit attention "only" to Sierra Way and Country Club Drive during the study period. MINUTES - 3 - February 21, 1989 e. REQUEST FOR PERMISSION TO CONDUCT PARADE ON JULY l, 1989 Alianza Ministerial Evangelica del Condado de San Diego, David R. Manriquez, President, 2990 Euclid Avenue, San Diego 92105 Council directed staff to consider and process the request for a parade permit for September 4, 1989 and to bring back a subsequent report and recommendation to Council. f. CONCERN REGARDING LEGISLATION (SB 303) CREATING A NEW AGENCY IN SAN DIEGO COUNTY TO REVIEW LOCAL GOVERNME~T DECISIONS ON URBAN GROWTH Mayor Jack Doyle, 10765 Woodside Avenue, Santee 92071-3198 Pulled from the Consent Calendar. 4. RESOLUTION 13971 APPROVING THE ADOPTION OF A SUBSTANCE ABUSE POLICY (Director of Personnel) The Substance Abuse Policy is an outgrowth of meetings held since 1987 to develop a mutually agreeable program. Each bargaining unit and the Civil Service Commission have reviewed and approved the Policy. The proposed Policy contains a strong rehabilitative component that affords in-patient and out-patient chemical dependency recovery services at a nominal cost to employees and their families. 5. RESOLUTION AFFIRMING THE CITY'S POSITION IN FAVOR OF BANNING THE SALE AND POSSESSION OF SEMI-AUTOMATIC, MILITARY-TYPE ASSAULT WEAPONS (Director of Public Safety) Pulled from the Consent Calendar. 6. RESOLUTION 13972 AUTHORIZING PARTICIPATION IN TRAINING PROGRAMS SPONSORED AND ADMINISTERED BY THE DEPARTMENT OF CALIFORNIA HIGHWAY PATROL IDirector of Public Safety) Section 1212.3 of the State Administrative Manual requires that agencies desiring the opportunity to participate in training programs provided by State agencies are required to pass a resolution prior to issuance of a contract for training. Specifically, City of Chula Vista would like to participate in a Vehicle Theft Investigative Course taking place the week of April 17-21, 1989 in Ventura, CA. 7. RESOLUTION 13973 APPROVING AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND JHK & ASSOCIATES FOR CONSULTING ENGINEERING SERVICES TO CONDUCT THE GROWTH MANAGEMENT PLAN (TRAFFIC MONITORING PROGRAM) TRAFFIC STUDY (Director of Public Works) MINUTES - 4 - February 21, 1989 The City of Chula Vista is experiencing substantial growth in land development, population and traffic. As a means of managing problems associated with growth, the City of Chula Vista has adopted a Thresholds/Standards and a Growth Management Policy. This policy is intended to preserve and enhance public services mobility and environmental amenities now enjoyed by Chula Vista residents while growth occurs. A portion of this policy includes directives for management and control of traffic. 8. RESOLUTION APPROVING AN AGREEMENT WITH VISTA HILL FOUNDATION PROVIDING FOR THE REFUND OF EXCESS DEVELOPMENT IMPACT FEES AND FOR THE PAYMENT OF REDUCED FUTURE ADDITIONAL DEVELOPMENT IMPACT FEES (Director of Public Works) This item was deleted from the Agenda at the request of staff for modifications. 9. ORDINANCE 2299 AMENDING TITLE 9 OF THE CHULA VISTA MUNICIPAL CODE CHAPTER 9.40 ENTITLED "HOUSING ASSISTANCE" RELATING TO THE REQUIREMENTS FOR THE CONVERSION OF MOBILEHOME PARKS AND TRAILER PARKS TO OTHER USES OR FOR THE DISCONTINUANCE OF SAID PARKS (Community Development Director) The Amendment makes a significant change regarding the dwelling types covered under the Municipal Code Chapter and makes minor procedural changes to that Chapter to provide more equitable protection to the residents affected by park closures. 10. ORDINANCE 2300 AMENDING SECTION 9.60.030 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO THE EXEMPTIONS FOR THE SALE OF MOBILEHOME PARKS (City Attorney) This amendment would allow mobilehome park owners to change the method by which they hold title to the park without this being deemed a sale triggering the right of first refusal of the park tenants, and is consistent with the intent of the Ordinance which is to protect tenants when the park is sold to a new party. 11. ORDINANCE 2301 ACCEPTING CALIFORNIA PENAL CODE REQUIREMENTS FOR PUBLIC SAFETY DISPATCHER SELECTION AND TRAINING IDirector of Public Safety) The State has established a program for standardizing selection and training of Public Safety Dispatchers. Cities accepting these standards will be reimbursed by the State for training programs for their dispatchers. Training funds provided by the State from August 1987 to July 1988 amounted to $1,903.09; staff has increased from 18 to 23 persons this year and is certain to increase in future years. MINUTES 5 February 21, 1989 12. REPORT REQUEST FOR FUNDING TO CONDUCT SHAKESPEARE'S "MACBETH" AT BONITA VISTA HIGH SCHOOL (Director of Parks & Recreation) RESOLUTION 13974 APPROPRIATING $3,021 TO CONDUCT SHAKESPEARE'S "MACBETH" AT BONITA VISTA HIGH SCHOOL Parks and Recreation Department received a proposal to conduct the Shakespeare play "Macbeth" in Chula Vista every Saturday, beginning March 11 through April 15. The production would be staged in the Bonita Vista High School's drama facility; $3,021 will be allocated from the unappropriated reserves of the General Fund. 13. REPORT ANALYZING THE GANG PROBLEM IN CHULA VISTA TO INCLUDE CURRENT AND PROPOSED ACTION TO CONTROL THE PROBLEM IDirector of Public Safety) Pulled from the Consent Agenda. 14. REPORT REGARDING CONTRACT FOR REPLACEMENT OF SIDEWALKS AND DRIVEWAYS AND REMOVAL OF TREES ALONG THE 1100 BLOCK OF HILLTOP DRIVE (Director of Public Works) Pulled from the Consent Agenda. 15. ORDINANCE 2296 AMENDING TITLES 17 & 19 OF THE MUNICIPAL CODE RELATING TO OFF-SITE ADVERTISING SIGNS SECOND READING & ADOPTION (Director of Planning) The ordinance brings the sign provisions of the Code relating to off-site advertising signs (billboards) into compliance with State and Federal laws, clarifies language as to the definitions of on-site and off-site advertising signs to conform with the State Business and Professional Code Section 54.12. The Amended Ordinance 2296 was placed on First Reading at the Meeting of February 14, 1989. (Councilman Moore voted no.) 16. ORDINANCE 2297 AMENDING CHAPTER 2.28 OF THE CHULA VISTA MUNICIPAL CODE TO ADD A CODE OF ETHICS SECOND READING & ADOPTION (City Attorney) Pulled from the Consent Agenda. 17. ORDINANCE 2298 ADDING CHPATER 2.52 TO THE CHULA VISTA MUNICIPAL CODE REGULATING CAMPAIGN CONTRIBUTIONS SECOND READING & ADOPTION (City Attorney) The Amended Resolution was placed on First Reading at the Meeting of February 14, 1989 and would initiate a $250 campaign contribution limitation. (Councilman Malcolm voted no.) MINUTES 6 February 21, 1989 18. RESOLUTION 13975 APPROPRIATING FUNDS TO CONDUCT AN APPRAISAL OF CITY OWNED PROPERTY LOCATED AT THE NORTHEAST CORNER OF H STREET AND RIDGEBACK ROAD (Assistant City Manager) The City owned site was originally set aside for a future fire station and, unless there is some other public use for the property, it is appropriate to proceed with Requests for Proposals from the private sector for possible development of the site. END OF CONSENT CALENDAR PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 19. PUBLIC HEARING ZAV-89-8: APPEAL FROM PLANNING COMMISSION DENIAL OF VARIANCE TO LEGALIZE TWO STUDIO APARTMENT UNITS AT 675/681 SEA VALE STREET - HENRY N. KLEIS (Continued from meeting of February 7, 1989) IDirector of Planning) RESOLUTION 13976 AFFIRMING THE DECISION OF THE PLANNING COMMISSION TO DENY ZAV-89-8 This being the time and place as advertised, the public hearing was declared open. Director of Planning Krempl reported the Building Department conducted an inspection of the units on January 30, 1989 and supplied the applicant with an itemized list of the necessary corrections to meet health and safety rquirements; the applicants decided it would not be in their best interest to accept the Council's proposed conditions. There being no one to speak from the public for or against this item the public hearing was closed. COUNCILMAN MALCOLM OFFERED THE RESOLUTION which was read by title, the reading of the text waived by unanimous consent and approved unanimously. 20. ORAL COMMUNICATIONS a. Bob Walke, 466 Oxford Street, 92011, reported an unsafe condition in the 400 block of Oxford where there are no sidewalks, curbs or gutters, and where "6' tall banks of dirt" exist on each side of the road. He reported the problems created by children going back and forth to school walking or riding bicycles up the banks and knocking the rocks into the street which causes pedestrians to "shuffle through the rocks"; the problems which arise with senior citizens and for some legally blind people in the neighborhood; and he personally was knocked from his bicycle and suffered a bruised head. Mr. Walke suggested a solution could be accomplished with a Public Works Skip Loader and one truck to take 2' or 3' off the left hand side of the bank. MINUTES - 7 - February 21, 1989 MOTION MSUC (Cox/Moore) to refer this item to staff to immediately remove the hazards in the area and to direct staff to bring this item back at budget time to explore whether public improvements should be installed. b. Joseph A. Raso, 157 Murray Street, reported the ramifications of the court order for the removal of the roof of his home at 165 Murray Street and read from his letter which was later presented for the record. Councilmembers discussed the problems which resulted from his home as built and the court judgement that resulted when Mr. Raso brought a claim against the City. Councilman Moore remembered Council action stated to "lower the roof", suggesting that the City Clerk review the tapes for the appropriate verbage and submit a memorandum to Council declaring that "lower the roof" does not mean to remove the roof. MOTION MS (Cox/Moore)) to direct the City Attorney to evaluate whether there is a need for Council to modify its position. SUBSTITUTE MOTION MS (Malcolm/Moore) to direct staff to inform City Council if there is need for change. Discussion centered on the fact that the City Attorney would~ inform Council whether or not a motion was made. (THE SUBSTITUTE MOTION WAS WITHDRAWN.) PULLED ITEMS Councilman Malcolm requested that the Board of Ethics item be heard first in view of the fact the members present spent many hours at the Council meeting last week. After discussion, Mayor Cox reported items would be heard in the following order: 16, 5 and 14. 3. WRITTEN COMMUNICATIONS a. REQUEST FOR ASSISTANCE IN PURCHASE OF POLICE VEHICLES FOR THE CITY OF TIJUANA Augie Bareno, Director, Department of Transborder Affairs, 1600 Pacific Highway, Room 273, San Diego 92101-2422 Staff recommended Council direct them to prepare an amendment to the Purchasing Ordinance which would allow the City Council to consider participation in this program. Councilman Nader concurred with staff's recommendation but, rather than on a case by case basis, stated it would be beneficial to have a broad and flexible amendment to make clear that Council and MINUTES 8 February 21, 1989 staff have the authority to allow City participation on any charitable service to include nationwide private charitable or community service as well as donations to worldwide government entities. MOTION MSUC (Nader/Cox) to amend the Purchasing Ordinance to encompass the previous statements and direct staff to prepare a broad type of amendment to bring back to Council. Bill Dominquez, Project Coordinator with San Diego County Transporter Affairs, welcomed the support and cooperation of the City of Chula Vista to accomplish the role of his office as a facilitator and involved with the transfer of patrol vehicles from many cities in California to meet the needs for safety services in Tijuana. f. CONCERN REGARDING LEGISLATION (SB 303) CREATING A NEW AGENCY IN SAN DIEGO COUNTY TO REVIEW LOCAL GOVERNMENT DECISIONS ON URBAN GROWTH - Mayor Jack Doyle, 10765 Woodside Avenue, Santee 92071-3198 Councilwoman McCandliss shared some of her concerns regarding Mayor Doyle's letter and asked the Councilmembers of their feelings on the matter. Mayor Cox reported that he attended the meeting of the Committee which recommended the statewide legislation. The status of the report ~ill be in limbo until further legislation is passed since there is a need for an amendment to this legislation. Mayor Cox added he has not seen a copy of the bill, SB 303. City Manger Goss said he had seen a copy and explained some of the provisions. Councilman Moore commented that Chula Vista should not want to give up their land use to any regional body. SANDAG has been very successful providing advice to cities and this is the way the cities-should continue to go. MOTION MSUC (Nader/Malcolm) to send a letter to Mayor Doyle stating it is the policy of the City of Chula Vista Legislative Program to retain local control on land use de(isions and that Council will stand behind this policy and instruct representatives to act accordingly. Councilwoman McCandliss asked that a copy of the bill be provided to the Council. 5. RESOLUTION AFFIR~ING THE CITY'S POSITION IN F~VOR OF BANNING THE SALE AND POSSESSION OF SEMI-AUTOMATIC, MILITARY-TYPE ASSAULT WEAPONS (Director of Public Safety) AMENDED RESOLUTION 13977 AFFIRMING THE CITY'S POSITION IN FAVOR OF INCREASING CONTROL OF THE SALE, POSSESSION AND TRANSPORTATION OF SEMI-AUTOMATIC, MILITARY-TYPE ASSAULT WEAPONS ~INUTES 9 February 21, 1989 The death and wounding of several children in Stockton, CA, has resulted in a public outcry to pass legislation to ban these semi-automatic military-type weapons. The State legislature has introduced SB 292 (Roberti) and AB 357 IRoss). Passage of this legislation will require the united support of CA cities. R. W. Price, 112 Palomar Street, Chula Vista, CA 92011, stated he is in favor of control of the purchase of guns and suggested registration; he is opposed to the banning of guns and questioned the definition of the gun described in the resolution. Director of Public Safety Winters exlained the item was brought forward as a result of a meeting of Annual Chiefs in Costa Mesa at which the Attorney General requested support for the legislation. Director Winters acknowledged the difficulty with regulations for the weapons on the State's list which will be discussed and argued in Sacramento. Answering Councilman Nader's question, none of the weapons on the list are used by City of Chula Vista Police Officers. Howard M. Fousie, 202 E .,J.i Street, 92010, cautioned Councilmembers not to "preempt the State" on this issue; Mayor Cox explained the intent of the resolution is to give support to the state. Mr. Fousie emphasized that weapons for which proper licenses with complete background checks have been completed have never been used in a crime and, rather than express concern for the weapons, to concentrate on the criminals. C. M. Dashiell, 1069 Monserate Avenue, 92011, reported his opposition for the resolution noting the public outcry is rightfully against the judicial system, stating that, instead of being angry at a gun, be angry at the criminal. Mr. Dashiell stated the real problem is that the system failed when a person illegally had a weapon after a discharge from a mental institution. Mr. Dashiel urged Council to support an identification program to register a felon the identification for which could be a simple as a credit card or driver's license. David Thompson, 8 Quintard St., 92010, reported he moved to Chula Vista from a rural area about a year ago, after which time he was burglarized and his automobile stolen which necessitated his purchase of an alarm system, spot lights and a watch dog. Mr. Thompson urged Council not ban the law abiding citizenry from owning the weapons but to educate the people to remove themselves from being victims. Keith Kruse, 8 Quintard Street, 92010, a gun owner who owns many of the guns in question this evening, stated he is a law abiding citizen and not a threat to society. Taking his guns away will not make the streets safer and he is against any law that will have no effect on the criminal element which should be kept off the street. In answer to Councilwoman McCandliss' question, Mr. Kruse stated he does not hunt but does enjoy his guns, has a military background and takes care of his guns in a responsible MINUTES 10 - February 21, 1989 fashion, stating that the weapon itself is only as dangerous as the person who uses it. Mr. Kruse stated his belief, however, that something should be done, such as is done with TRW, to make sure the guns are not in the wrong hands and offered his help to anyone in the City Administration or City Council to come up with a reasonable idea all could live with. Bruce Cavanau9h, 6381 del Paso, San Diego, a gun dealer, recommended the "credit card" system of identification to keep the undesirable element out of gun stores and urged Council to explore this rather than an outright ban, explaining the "credit card" system, certifies a person competent to handle a certain weapon with a yearly update. This would keep the criminal element out of the stores; if a certified card owner sold a gun to another who is not certified and who eventually gets picked up, the weapon would be confiscated and the seller also punished. Alberto Rodriquez, 333 Broadway, 92010, owner of the Chula Vista Gun Store, invited members of the Council to come to the rifle range and personally fire every rifle he owns for the experience. Mr. Rodriquez stores his guns in a bank vault and warned Council of the gun inventory which would exist if the law was passed. Philip G. West, 128 East Oxford Street, 92011, a teacher in an elementary school and a gun owner, stated there is a need for people-control rather than gun-control by keeping a closer eye on plea bargaining and dealing with the criminal element. Rich Schenk, 885 Hilltop Drive, 92011, stated his use of semi-automatic weapons which are rugged guns for hunting and for competition and urged Council to send a message to Sacramento for alternate legislation rather than a total ban on the weapons. MOTION MSC IMoore/Nader) to amend the heading of the resolution to replace the words, "banning on" with "increased controllin9", and replace "sale and possession" with "sale, possession and transportation". (Councilmembers McCandliss and Malcolm voted no.) MOTION MS (Moore/Cox) to amend the seventh paragraph of the resolution to include wording to state, "...legislation that would increase the control of the sale, possession and transportation of semi-automatic military assault weapons to include, but not limited to, impr~,ved background check with annually updated check of qualifications Director Winters responded to Council's questions relative to the weapons seized when arrests are made. Councilman ~alcolm stated h a he as large collection of guns and has hunted all over the world but reported his opinion for a life sentence for the illegal use of a weapon with the death penalty carried out appropriately. He added, however, the attack weapons have gone too far and something needs to be done about it. Councilman Nader stated his support of the amended resolution but agreed something needs to be MINUTES ll - February 21 , 1989 done when the drug dealers and criminals have better weapons than the police officers. Councilman Moore addressed the increased use of weapons by criminals and the tragedy caused by a deranged man using such a weapon which could have been prevented by a good identification system. Mayor Cox summarized the amended resolution is a step in the ri9ht direction, appreciation was stated for the 'input at this meeting for the greater enforcement of laws and incarceration of criminals and the speakers were encouraged to give the same input to state legislators. VOTE ON THE AMENDED RESOLUTION Motion passed. (Councilmembers McCandliss and Malcolm voted no.) At 8:53 p.m., Council recessed and reconvened at 9:03 p.m. 13. REPORT ANALYZING THE GANG PROBLEM IN CHULA VISTA TO INCLUDE CURRENT AND PROPOSED ACTION TO CONTROL THE PROBLEM (Director of Public Safety) The Report outlined the historical and current gang problem perspective which includes the development by the Public Safety Director of a coordinated anti-gang program with all levels in the school system, the provision of training to field officers, and thorough investigation and prosecution of any gang violence. Proposals include consideration of implementation of the PARAMOUNT program or expansion of the MEOLOGY program to include anti-gang membership indoctrination, the creation of an effective "gang file", and allocation of funds for paint and other equipment in order to remove graffiti in a timely fashion. If the gang problem continues to accelerate, consideration will be given to the addition of more police staff hours to the program and to contribute personnel to a County-wide gang unit. Councilman Nader expressed his concerns regarding some of the language in the report, such as the PARAMOUNT program versus the MEOLOGY program and his hopes with implementation, other programs be implemented such as the drug program. Director of Public Safety Winters explained both programs stating he is recommending both. A suggestion was made by Councilman Nader that under Proposed Programs an inclusion be made with a member of the Outreach Project, the possibility to explore what has been done in other cities, such as the provision of other than graffiti and also to suggest staff review future programs within a six months period of time. MOTION MSUC (Nader/McCandliss) to adopt the staff recommendation with a clarification on page 3, Proposed Programs, that Council (1) encourage implemention of the PARA~OUNT or a similar gang education program in the elementary schools in addition to the MEOLOGY and other drug programs; (2) that inclusion is made in graffiti-control for private property owners' education as an outreach effort; and (3) to include in the graffiti-control program an effort and cooperation with local secondary school art MINUTES ~ 12 February 21, 1989 programs and other community based artists for artwork on public walls that find themselves debased with graffiti. MOTION MS (Nader/McCandliss) suggested a referral to the City Attorney to bring back appropriate language to make the knowing display of gang colors or outlaw gank insignia a misdeameanor within the City, suggesting some of the school school districts have adopted prohibitions for using these colors on their campuses to determine what criteria they have applied. Discussion of the motion ensued; Councilwoman McCandliss stated her concern as to what this action would accomplish to which Mayor Cox agreed stating he would vote against the motion. VOTE ON THE MOTION Motion failed. (Ayes: Councilmembers Nader and McCandliss; Noes: Mayor Cox, Councilmembers Malcolm and Moore) 14. REPORT REGARDING CONTRACT FOR REPLACEMENT OF SIDEWALKS AND DRIVEWAYS AND REMOVAL OF TREES ALONG THE llO0 BLOCK OF HILLTOP DRIVE IDirector of Public Works) City Engineer Swanson reported the test repairs have been completed and are an example of .the maximum level of the Contractor's ability to make the repairs. It was recommended Council accept this report and to give direction to staff to have Silver Strand Contractors repair the damaged improvements to a condition equal to that achieved at the four test sites. Councilman Malcolm questioned the City Engineer stating this situation is a detriment to the City's position as "Tree City USA". Mr. Swanson explained Engineering inspectors will inspect the work closely while in progress to insure this same problem does not arise in the future and that future penalties will be explored for further insurance. In answer to Councilmembers questions, it was further explained that adequate supervision was provided by City personnel, the contractor evidently had an inexperienced operator who damaged the sidewalk before being stopped by staff, and the fact that although now repaired, the residents now have "second-hand" sidewalks. Henning Hansen, 1128 Hilltop Drive, 92011, reported his agreement with Councilmembers statements, agreed that it is a "second-hand" project, and requested a solution for the tree problems in the area which downgrades the neighborhood. R. Vega, 1108 Hilltop Drive, also supported Councilmembers' statements. Councilman Nader, for the record, presented a summary prepared by his intern relative to residents' comments and the complaints registered to restore the neighborhood's appearance and suggested Council discuss remedies. Engineer Swanson confirmed the Contractor has $5,100 due him, that the Contractor was responsible for concrete removal but the City crews replanted the trees. MINUTES 13 February 21, 1989 MS (Moore/Malcolm) that Council apply a condition of approval to the contract due to substandard results, the condition to be a sufficient number of yards of top soil as set by staff to enhance the overall improvement of the parkways. (MOTION WITHDRAWN) MOTION MSUC (Malcolm/Nader) to direct the City Attorney to come back with a report regarding monetary damages that the City can collect from the contractor. MOTION MSUC (Malcolm/Nader) to direct staff to send out the City's Landscape Architect and have him install trees that are more fitting for the area. Councilman Nader clarified that the City's report should include the possibility of compensation to those homeowners who sustained damages and whether or not the contractor has such an obligation. Councilmembers agreed this is a unique situation and the hope the neighborhood could be returned to a semblance of what it was formerly. 16. ORDINANCE 2297 AMENDING CHAPTER 2.28 OF THE CHULA VISTA MUNICIPAL CODE TO ADD A CODE OF ETHICS SECOND READING & ADOPTION (City Attorney) Amended Ordinance 2298, which applies only to the City Council, Board Members and Commissioners, City Manager, City Attorney and City Clerk, was placed on First Reading at the Meeting of February 14, 1989. Paul Kincade, 715 Nolan Avenue, 92010, commented the Board of Ethics deserved recognition for the work and many hours spent to accomplish this Code. He also stated he is disturbed that all employees were excluded from the Code, realized this inclusion necessitates "meet and confer" and urged this be accomplished with haste. City Manager Goss confirmed the Code of Ethics was introduced as part of the Quality of Work Life process which involves the four employee groups, middle management and executive management; and this Code is on their list to "tackle" in the next several months. COUNCILWOMAN McCANDLISS OFFERED THE ORDINANCE TO BE PLACED ON SECOND READING AND ADOPTION which was read by title, the reading of the text waived by unanimous consent. 21. CITY MANAGER'S REPORT a. Schedulin9 of Council meetings - Council Conference will be held on Thursday, February 23 at 4:00 p.m. to discuss Chula Vista 2000 and a Joint Meeting with the Growth Management Oversight Committee. MINUTES - 14 February 21, 1989 22. MAYOR'S REPORT a. Designation of Council member to serve on South Bay Economic Development Council MOTION MSUC (Cox/McCandliss) to designate Mayor Cox to the Board of Directors and Councilman Moore as the Alternate. b. Mayor Cox acknowledged the letter in the Council Packet notin9 the Kiwanis Club donated $3,000 to the City of Chula Vista for a youth basketball tournament. MOTION MSUC (Cox/McCandliss) to direct staff to prepare a letter of appreciation to the Kiwanis Club, c. Mayor Cox announced and congratulated the City Attorney who has been elected Chair of the League of California Cities Advocacy Committee, an honor for City Attorney Harron and the City. d. Council Information item from the City Attorney regarding the challenge to the challenge to the voter-approved low cost housing and the issue of public housing; Councilman Moore reported he believes there is a place for government housing and requested data be gathered to explain how Chula Vista arrived at that decision making the issue "pallatable" to the voters. MOTION MSUC (Moore/Cox) to direct the City Attorney or Community Development staff to prepare a letter for the Mayor's signature explaining the strong points of the ballot measure and to forward to the legislators through the Chula Vista Legislative Committee. 23. COUNCIL COMMENTS COUNCILMAN ~IALCOLM: a. SDG&E Rate Study - participation by the City of Chula Vista Councilman Malcolm discussed the takeover and the financial impact questioning who is really checking on future rates other than the reports coming from San Diego Gas & Electric. City Manager Goss noted the City of San Diego is working on this and information relative to rates is pending on the County Water Authority study. b. AB 160 (Mountjoy) Redevelopment: Eminent Domain (oppose) -' MOTION MSUC (Malcolm/McCandliss) to oppose AB 160. MINUTES 15 ~ February 21, 1989 c. Councilman Malcolm stated that 2 1/2 years ago he requested a report regarding the Senior Citizens Housing Projects in Chula Vista, what types of project would be contructed, the setbacks, parking requirements, etc,, which information was deemed necessary before approval is given to further these senior housing projects. To date the report has not come to Council and projects are pending. City Manager Goss was requested to monitor this report. COUNCILMAN NADER: d. Request to schedule Status of the Relocation of the Airport for the next Agenda. Mayor Cox commented he will have a report from recent meetings with discussion of evaluation of the several sites. e. A bill introduced in the Assembly would extend the anti-trust regulation laws and, somewhere in the bill is a clause that would block the SDG&E merger. The status of this Bill was requested and scheduled to come back to Council for action. f. A request was made to include under Closed Session at the meeting of February 28 the item of the Bayscene Mobilehome Park sale. g. In answer to Councilwoman NcCandliss' request, City Manager Goss will report back on a previous referral to staff the question of the conflict of employees involved in health insurance who also have spouses working for the City or involved in other health care insurances. At 10:20 p.m. Council recessed to the Joint City Council and Redevelopment Agency Meeting. At 10:25 p.m., City Council reconvened and recessed to Closed Session to continue discussion of Personnel. ADJOURNMENT At ll:O0 p.m., to the City Council Conference of Thursday, February 23 at 4:00 p.m., and to the Regular Meeting of February 28, 1989 at 7:00 p.m. Jennie M. Fulasz, CMC ~,'~e~ (~' ~' CITY CLERK n Fortune, CMC DEPU Y I T C TY CLERK