HomeMy WebLinkAboutcc min 1988/03/01 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF CHULA VISTA
Tuesday, March l, 1988 Council Chamber
4:00 p.m. Public Services Building
ROLL CALL
MEMBERS PRESENT: Councilman Nader Iwho arrived at 5:00 P~l),
Councilman Malcolm, Mayor Cox, Councilman
Moore and Councilwoman McCandliss
MEMBERS ABSENT: None
STAFF PRESENT: City Manager Goss, Deputy City Manager
Morris, Assistant City Attorney Rudolph
PLEDGE OF ALLEGIANCE TO THE FLAG, SILENT PRAYER
1. APPROVAL OF MINUTES
MOTION
)~[S'(~'['~oore/Cox) to approve the minutes for the adjourned meeting
of February 17, the adjourned meeting of February 20 and the
regular meeting of February 23, 1988. {Councilman Moore abstained
from the vote for the minutes of February 23 and Councilwoman
)~cCandliss abstained for the minutes of February 17 because of
their absences at those meetings.)
2. SPECIAL ORDERS OF THE DAY None.
CONSENT CALENDAR {3a 22)
Pulled: Items: 4, 8a, 12, and 18. Mayor Cox noted that items 8b,
10, and 16 are appropriation items and require a 4/5 vote.
COUNCILMAN MALCOLM OFFERED THE BALANCE OF THE COtlSENT CALENDER,
the reading of the texts were waived by unanimous consent, passed
and approved. {Councilman Nader out)
3. WRITTEN COMMUNICATIONS
a. REQUEST FOR NO PARKING ON NIRVANA AVENUE FROM 6 P.M. TO 6 A.M.
- John J. McMahon, C&B Steel, Inc., 1880 Nirvana Avenue, Chula
Vista, CA 92011 {Continued from meeting of Feb. 23, 1988)
Council directed that this item be continued for two weeks.
b. REQUEST FOR PERMISSION TO HOLD TWO CRAFT BAZAARS IN THEIR
PARKING LOT DURING 1988 AND FOR THE WAIVER OF PERMIT FEES -
Chula Vista Missionary Church, 341 Orange Avenue, Chula Vista,
CA 92011
Council waived the fees and approv~d the request to hold the two
craft bazaars in 1988.
MINUTES - 2 - March l, 1988
c. PETITION FOR INSTALLATION OF A TRAFFIC SIGNAL AT THE
INTERSECTION OF 4th AVENUE AND "L" STREET Cindy Johns, 510
Naples Street, 92011
Council referred this item to the Safety Commission and to staff
for a report.
d. CLAIMS AGAINST THE CITY
CLAIMANT #1: FOR AN AMOUNT OF LESS THAN $25,000 RELATIVE TO
AN ALLEGED INCIDENT ON A COMMUNITY TRANSIT BUS Bobby
Jackson, c/o Virgil A. Iler, Esq., Shaffman, Iler, Palkowitz &
Doft, llO W. "C" St., Ste. 1905, San Diego 92101
Council denied the claim on the advice of Carl Warren & Company,
Claims Adjustors, and Risk Management that the City has neither
jurisdiction nor control over transit complaints.
CLAIMANT #2: FOR AN AMOUNT OF $60,000 ARISING FROM AN
INCIDENT ON A COMMUNITY TRANSIT BUS - Nilda G. Morales, c/o
Jorge O. Gonzales, Esq., Wood & Gonzales, 1810 Palm Avenue,
National City 29050
Council denied the claim on the advice of Carl Warren & Company,.
Claims Adjustors, and Risk Management that the City has neither
jurisdiction nor control over transit complaints.
CLAIMANT #3: FOR $10,000,000 ARISING FROM A TRAFFIC COLLISION
ON OTAY LAKES ROAD 3,000 FEET WEST OF EAST LAKE PARKWAY
Suzanne Irving, c/o Thomas V. Girardi, Esq., Girardi, Keese &
Crane, 1126 Wilshire Blvd., Los Angeles 90017
Council denied the claim on the advice of Carl Warren & Company,
Claims Adjustors, and Risk Management since the area is located in
the County of San Diego.
4. RESOLUTION GRANTING TENTATIVE SITE APPROVAL FOR TWO LARGE
FAMILY PUBLIC HOUSING SITES (Continued from
meeting of February 23, 1988) (Community
Development Director)
Pulled from the Consent Agenda.
5. RESOLUTION 13468 ACCEPTING BIDS AND AWARDING CONTRACT FOR
TREE TRIMMING SERVICE FOR FY 1987-88 IN
THE CITY OF CHULA VISTA {Director of
Public Works)
The work to be done consists of trimming Cocoa Palms, Phoenix
Palms, Eucalyptus, and Broadleaf trees located on various streets
in the City of Chula Vista, CA. Council accepted the bids and
awarded the contract to low bidder, Davey Tree Surgery Company in
the amount of $99,496.68.
MINUTES 3 March 1, 1988
6. RESOLUTION 13469 APPROVING AGREEMENT WITH PHILLIPS-REYNOLDS
ENGINEERING, INC. FOR PREPARATION OF
AERIAL TOPO AND RECORD OF SURVEY MAPS FOR
STREET AND FLOOD CONTROL IMPROVEMENTS
ALONG TELEGRAPH CANYON ROAD/OTAY LAKES
ROAD IN THE CITY OF CHULA VISTA AND
AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT (Director of Public Works)
The engineer agrees to prepare and provide a Record of Survey Map
and a Topography Map. Council approved the agreement with low
bidder, Phillips-Reynolds Engineering, Inc., in the amount of
$13,256.00 although the firm could not meet one of the
requirements requested in the proposal which called for an errors
and omission insurance in the amount of $500,000.00. The matter
was reviewed with the City Attorney's office and the Risk Manager,
who contacted the five contractors who submitted bids to see if
waiving the provision would result in a change in their bid
amount. None indicated that it would make a change. Section 5 of
the agreement provides that the Engineer will correct any errors
found at no cost to the City.
7. RESOLUTION 13470 APPROVING A LICENSE AGREEMENT BETWEEN
SDG&E AND THE CITY OF CHULA VISTA FOR USE
OF LAND FOR PARK PURPOSES (Assistant City
Manager)
The Park is being constructed on property owned by San Diego Gas
and Electric and the subject license is for a term of five years
with an option to extend for an additional five years. The
property can only be used for park purposes and the license cannot
be assigned.
8a. RESOLUTION 13480 AUTHORIZING THE DEPUTY PUBLIC WORKS
DIRECTOR/OPERATIONS TO REQUEST
REIMBURSEMENT FOR DAMAGE THAT OCCURRED
DURING A PRESIDENTIALLY DECLARED DISASTER
OF JANUARY 17-29, 1988
{FEMA-812-DR-CALIFORNIA) (Director of
Public Works)
Pulled from the Consent Agenda.
b. RESOLUTION 13471 AUTHORIZING THE PURCHASE OF 67 STREET
TREES TO REPLACE THOSE DAMAGED IN THE
STORM THAT OCCURRED DURING A
PRESIDENTIALLY DECLARED DISASTER OF
JANUARY 17-29, 1988
(FEMA-812-DR-CALIFORNIA) {Director of
Public Works)
The Federal Emergency Management Agency (FEMA) was in the City
reviewing damage caused by the wind to many of the street trees
within the City of Chula Vista and as a result the City is
eligible to receive a reimbursement for funds spent on debris
clean-up and restoration of damaged City property.
MINUTES 4 March l, 1988
9. RESOLUTION 13472 ACCEPTING EASEMENT FROM DANIEL S. AND
SUZANNE G. WAY FOR STREET TREE PURPOSES AT
172 FIRST AVENUE (Director of Public Works)
One of the conditions placed upon the Tentative Parcel Map
required the owners (Daniel S. and Suzanne G. Way) to grant an
easement over a 5.5 foot strip of land along the west side of
First Avenue between "E" Street and Flower Street to the City for
street tree purposes.
10. RESOLUTION 13473 AUTHORIZING EMERGENCY REPLACEMENT OF A
PARKING ENFORCEMENT VEHICLE AND
APPROPRIATING FUNDS THEREFOR (Director of
Public Works)
Council approved replacement of the vehicle which has experienced
substantial down-time due to needed maintenance and repairs. The
resolution appropriates $4,025 from the unappropriated reserve of
the Equipment Replacement Fund and $4,975 from the Parking Meter
Fund for the purchase of said vehicle.
11. RESOLUTION 13474 SUPPORTING EFFORTS TO HAVE SAN DIEGO
SELECTED AS THE SITE FOR THE 1992 COLUMBUS
REGATTA (Assistant City Attorney)
1992 marks the 500th anniversary of the historic voyage of
Christopher Columbus. The Presidential Quincentenary Jubilee
Commission is presently evaluating potential west coast sites for
the Grand Columbus Regatta. Along with the support of the Port
District, Supervisor Bilbray's office will be coordinating San
Diego's bid proposal.
12. RESOLUTION APPROPRIATING $2,000 TO SUPPORT THE STATE AND
LOCAL LEGAL CENTER (City Attorney)
Pulled from the Consent Agenda.
13. RESOLUTION 13475 APPROVING AGREEMENT BETWEEN THE CITY OF
CHULA VISTA AND ONA, LANDSCAPE ARCHITECTS
FOR THE IRRIGATION REDESIGN OF HILLTOP
PARK (Director of Parks & Recreation)
This project will involve the complete redesign of the irrigation
system allowing for more effective and efficient watering system.
The agreement details the scope of service required of the
consultant which includes an extensive analysis of the park site
topography, current problems, preparation of contract documents,
development of an installation program and an estimate of probable
cost.
14. RESOLUTION 13476 AUTHORIZING REMOVAL OF TREES ALONG THE
TlO0 BLOCK OF HILLTOP DRIVE AND
APPROPRIATING FUNDS THEREFOR (Director of
Public Works)
MINUTES 5 March 1, 1988
The trees proposed to be planted are Koelreuteria bipinnatal
{Chinese Flame trees) listed in the publication, Success List of
Water Conserving Plants, as a water conserving plant and defined
as one which requires less water than most others to grow well and
one which seems more tolerant of sprinkler irrigation.
15. RESOLUTION 13477 ADOPTING GUIDELINES AND LEGISLATIVE
PLATFORM FOR THE SAN DIEGO COUNTY
LEGISLATIVE COALITION {Deputy City Manager)
The purpose of the coalition would be to establish a legislative
program which reflects County-wide issues. Although the genesis
for this program began at the staff level, involvement will be
expanded to include local elected officials, city managers,
legislative representatives, as well as their staff in Sacramento.
It is hoped that when this legislative program is presented in a
collaborative effort reflecting regional interest and needs, it
will hold greater weight with the elected officials in Sacramento.
16. RESOLUTION 13478 AMENDING THE FY 1987-88 BUDGET AND
APPROPRIATING FUNDS TO COVER INCREASED
HEALTH INSURANCE COSTS (Budget Officer}
The FY 1987-90 Memorandum of Understanding between the City and
the Chula Vista Employees Association contained a provision that
the Citv and the employees would share any increases in health
insurance costs occurring during the three year term of the MOU.
An increase of 17.2% becomes effective March 1, 1988.
17. REPORT UPDATE ON EMERGENCY MEDICAL RESPONSE
PROCEDURES BY HARTSON'S AND CHULA VISTA
FIRE DEPARTMENT (Continued from meeting of
February 23, 1988) {Director of Public
Safety)
The Fire Department has completed a follow-up review to include
Hartson's Dispatching System Improvements (Computer Aided
Dispatch), Fire Dispatch Improvements (Emergency Medical Dispatch
Priority Card System, Confirmation of Estimated Time of Arrival,
and Increased Reporting).
18. REPORT SPENDING LIMIT ACCOUNTABILITY ACT (Deputy
City Manager)
Pulled from the Consent Agenda.
19. REPORT NEIGHBORHOOD REVITALIZATION PROGRAM FOR
THE MONTGOMERY AREA OF THE CITY {Director
of Community Development}
Council conceptually approved the Neighborhood Revitalization
Program and directed staff to further pursue development of the
program including holding public meetings in selected
neighborhoods of Montgomery.
MINUTES - 6 - March l, 1988
Both the Montgomery Specific Plan and City staff studies have
concluded that, relative to the rest of the City, the area is
deficient in certain public improvements. Available funding
sources which could be used for the program are Community
Development Block Grant (CDBG), Redevelopment Low and Moderate
Income Set-Aside funds, Park Acquisition and Development (PAD)
funds, and Gas Tax funds.
20. REPORT ON REQUEST FOR PROPOSALS (RFP) FOR
HANDYTRANS OPERATION (Director of Public
Works)
Transit staff has prepared an RFP to solicit proposals for a
Management Services contract to operate HandYtrans beginning July
1, 1988. The RFP contains two service options on which proposals
may be submitted. Option A, which is very similar to the current
NandYtrans operation, requires the provision of five wheelchair
lift equipped vehicles and a maximum annual service hours of
8,181.5, an increase of 23% compared with the current 6,617 annual
hours. Option B consists of two components, one for ambulatory
passengers and one for non-ambulatory passengers.
21. REPORT INTERIM LAND USE REGULATORY MEASURES FOR
LAND USE PROPOSALS WHICH ARE INCONSISTENT
WITH THE MONTGOMERY SPECIFIC PLAN
(Director of Planning)
These interim regulations would provide a procedure for resolving
land-use issues applicable to those areas where the existing
zoning is inconsistent with the adopted plan but would not
constitute a moratorium.
22. REPORT APPROPRIATE LOCATIONS FOR CHURCH OFFICES,
COUNSELING AND FELLOWSHIP MEETINGS
(Director of Planning)
Church offices and counseling are permitted by right at any
existing retail or office commercial location. Fellowship
meetings may also be appropriate at many of these locations as
well, depending on the hours and scale of activity in relation to
available facilities and adjoining uses. In many cases,
fellowship meetings could be approved by an administrative
conditional use permit.
END OF CONSENT CALENDAR
23. ORAL COMMUNICATIONS
Irene Bushong, 856 Country Club Drive, Chula Vista, addressed her
neighbor's request to build a second house at 881 First Avenue
which was refused. Ms. Boushong reported her suspicion to staff
that the lot is being graded without a City permit. Staff made an
inspection and ~s. 8ushong expressed her hopes that Council would
follow through.
MOTION
MSC ~ox/McCandliss) to refer the statements to staff for a report
to Council by the 15th.
MINUTES - 7 - March l, 1988
PULLED ITEMS
4. RESOLUTION 13479 GRANTING TENTATIVE SITE APPROVAL FOR TWO
LARGE FAMILY PUBLIC HOUSING SITES
(Continued from meeting of February 23,
1988) (Community Development Director)
Assistant Director of Community Development's report was given in
April 1987 to the Housing Authority for a total of forty units in
the City, and three sites are now submitted for consideration as
tentative sites for the Housing Authority's planning phase:
778-798 Dorothy Street, the 3rd Avenue Extension site and, as an
alternative, the Sweetwater River Valley site.
The 2.1 acre site at 778-798 Dorothy Street would require a
Conditional Use Permit to build town houses and has been approved
by the Montgomery Planning Committee. The 1.67 acre site (3rd
Avenue extension off of "C" Street would require a rezoning with
access improvement. The third and alternative site is described
as problematical as questions relative to the site may not be
timely answered to qualify for funding by Housing and Urban
Development (HUD). On all three sites, neighborhood meetings have
been held by the Housing Authority.
Councilman Moore reemphasized the City's needs for affordable
housing but questioned the density scheduled for the sites.
Councilwoman McCandliss considered the need f6r public housing as
opposed to advantages offered through a density bonus program; and
further questioned if City of Chula Vista homeless residents who
are displaced through no fault of their own could be given
priority, as well as those who have been displaced by the closing
of a mobilehome park.
Wayne Copp, 12 Casselman Court, 92010, stated his concern relative
to the Sweetwater River Valley site, not in relation to the
development of affordable housing, but rather the "inroads and
outroads" and described the dangerous situation that now exists on
each of the three sites now available.
Ted Bell, lll No. 2nd Avenue, 92010, representing Campgrounds of
America, stated his opposition to selection of the Sweetwater
Valley River site. Mr~ Bell questioned on-going maintenance of
the site by the County, the downgrading of property in the
neighborhood, the site of a relocation park for mobilehome owners
in this area and the possibility of problems by "latch key"
children living in the proposed housing.
Frank Luzzaro, 95 "D" Street, 92010, spoke of how development is
deteriorating the quality of life in Chula Vista and addressed
both the needs of people for this type of housing as well as the
lack of transportation and schools, urging Council to look at this
area as Open Space and not choose the "C" Street site.
MINUTES - 8 - March l, 1988
John Craven, Community Development Department of the County
Housing Authority, reported no history of problems at any existing
housing sites and the strong on-site management by the Housing
Authority. In answer to Councilman Moore's question, the County
perceives the County's relationship with the City as a
partnership, the on-site management is required to live on site
through the County policy (although mandated by State law to live
on site for 16 or more units).
At 5:00 p.m., Councilman Nader took his seat on the dais.
Councilman Malcolm reported Director Gabriel Rodriquez' excellent
quality of management in the present housing projects. Councilman
Malcolm noted his belief that government money might be more
wisely used to address present housing in the City that should be
brought up to standard rather than support of this resolution..
Lynn Pankhurst, 171 Palomar (Apt. 106), Chula Vista, spoke for
Rose Duncan of 801 Dorothy Street who agreed that the Dorothy
Street property is fine for development but offered a reminder to
Councilmembers that this is a dangerous traffic area and the
request to choose another area.
Gabriel Rodriquez, Director of the Department of Housing and
Community Development Department for the Housing Authority,
reported the agreement with the City of Chula Vista states 75% of
the housing residents would be Chula Vista residents and, in
answer to Councilman Malcolm's request for 100%, responded that as
long as the Housing Authority is not in violation of the Fair
Housing Laws, every possible way would be aggressively pursued to
assure that Chula Vista residents would be the occupants of
proposed housing. Mr. Rodriquez also assured Mayor Cox, if not in
violation of the Fair Housing Laws, to work with staff on a
possible priority for displaced mobilehome owners.
Mitch Thompson, Housing Authority, reported that HUD has
identified town houses as an economical means of development and
staff confirmed that the County, as any other developer, would
have to go through the Conditional Use Permit process.
Mr. Rodriquez requested the record show that the County would
pursue everything possible, that the County does have cost
limitations imposed by HUD but they would look into the issues
raised by this Council and will identify the options.
RESOLUTION OFFERED BY MAYOR COX, the reading of the text was
waived by unanimous consent.
AMENDMENT TO THE RESOLUTION
MSUC (Cox/Malcolm) to indicate that while reviewing the sites, the
County Housin Authority will explore a variety of housing types
including duplexes, and in reference to "C" Street, consideration
be given to provide access to that site from Trousdale, and that
consideration also be given to providing priority housing to those
that may be displaced by trailer park closures.
MINUTES 9 - March 1, 1988
AMENDMENT TO THE RESOLUTION
MSUC (McCandliss/Nader) to include the condition that a linkage of
some type in program be developed with "Project Hand in Episcopal
Community Services", the two agencies locally, and the St. Vincent
de Paul Center, who are attempting to house the homeless be given
some kind of priority.
VOTE ON THE RESOLUTION
MOTION CARRIED. (Councilman Malcolm opposed.)
8a. RESOLUTION 13480 AUTHORIZING THE DEPUTY PUBLIC WORKS
DIRECTOR/OPERATIONS TO REQUEST
REIMBURSEMENT FOR DAMAGE THAT OCCURRED
DURING A PRESIDENTIALLY DECLARED DISASTER
OF JANUARY 17-29, 1988
(FEMA-812-DR-CALIFORNIA) (D~rector of
Public Works)
Councilman ~loore pulled this item from the Consent Calendar which,
in his opinion, is inappropriate and improper to request funds
from the Federal Government when the City of Chula Vista had so
little damage and which was rectified with just labor cost.
MOTION
M"S"'("Cox/Malcolm) to file Resolution 8a. (MOTION FAILED:
Councilmembers Nader, Malcolm, Mayor Cox and Councilwoman
McCandliss voted no)
RESOLUTION OFFERED BY MAYOR COX, the reading of the text was
waived by unanimous consent, passed and approved. /Councilman
Moore voted no)
12. RESOLUTION APPROPRIATING $2,000 TO SUPPORT THE STATE
AND LOCAL LEGAL CENTER (City Attorney)
The State and Local Legal Center helps cities prepare cases that
are going to be argued before the Supreme Court of the United
States. This resolution would authorize the city to appropriate
$2,000 to fund the Center so it may carry on its activities.
Currently, 800 cities and towns are supporting this effort
nationally. It is recommended by the National League of Cities
and the International City Management Association and the United
States Conference of Mayors.
Councilwoman l~cCandliss indicated she had some questions and
Councilmembers concurred to continue the item.
MOTION
~ISUC (McCandliss/Moore) to continue the item to the meeting of
March 8 for additional staff information.
18. REPORT SPENDING LIMIT ACCOUNTABILITY ACT (Deputy
City Manager)
The intent of the Initiative is to modify the current government
spending limitation to more accurately reflect California's
economic growth and increasing service populations and proposing:
MINUTES - lO March l, 1988
That future cost of living adjustments to the spending limit
be based upon the California Consumer Price Index (CPI) or the
California per capita income increase, whichever is greater,
and
That the impact of commuter or daytime populations on services
provided by local agencies be recognized by allowing for
annual increases in resident population as well as increases
in the number of commuters/persons employed in a city.
MOTION
MSC (Cox/Nader) that Council take minute action in support of the
Californians for Quality Government Initiative, (Councilman
Malcolm voted no)
24. REPORT OF THE CITY MANAGER
a. Scheduling Council Meetings Council Tour at 8 am. on
Saturday, March 5, 1988.
b. Capital Improvement Program Master Schedule - staff now
tracking 178 projects.
c. Attention was directed to the status of Memoranda of
Understanding IMOU) with labor agreements with employment
organizations.
d Report that Councilmembers Nader and Malcolm met with the
Sweetwater Authority Board of Directors and staff, and the
Boara's desire to make clear that the sewer charge is a City
of Chula Vista charge, and the intent to improve
communications with information with rate increases and by
giving the two agencies credit for the cost savings as a
result of the coordinated bill.
25. MAYOR'S REPORT
a. Discussion of Assembly Bill 3465 introduced by Assemblyman
Willie Brown to create a Port Commission for the provision of
long range planning to the port system.
MOTION
MSUC (Cox/Moore) to refer this item be referred to the Legislative
Committee for evaluation and report back to the City Council.
MINUTES ll - March 1, 1988
b. Mayor Cox announced the Second Harbor Entrance Project ISHEP)
Study released last week and the solid plan of procedures to
involve all municipalities and organizations.
c. Mayor Cox addressed the San Diego Unified Port District
ISDUPD) at their recent meeting to present Council's desire to
have them move forward with plans for the South Bay Island,
and reported on the SDUPD action taken by referring this item
to their staff with direction to proceed.
d. Council was advised by Assistant City Attorney Rudolph of a
need for City Council Closed Session relative to potential
litigation, and for litigation which requires a vote by
Council to place on the agenda because of urgency concerning a
lawsuit which did not exist at the time the agenda for formed
IAndrea Skorepa vs. City of Chula Vista, National City and the
City of San Diego); and immediately following to meet in
Redevelopmerit Agency Closed Session to discuss property
acquisition.
MOTION
MSC ~ox/Nader) to adjourn to meet in Closed Session immediately
following the Redevelopment Agency Meeting (which follows this
Council Meeting) for the purpose as stated by the City Attorney.
ICouncilman Malcolm out)
26. COUNCIL COMMENTS
COUNCILMAN MALCOLM:
a. Referral to Planning Commission regarding present standards
for church locations Discussed under item 22.
b. Cable TV installation in "H" Street and possible emergency
action by the Council regarding the installation and the
guaranteeing of said installation
Martin Altbaum, Ultronics, 581 C Street, Chula Vista restated the
terms of the agreement by which he would be allowed to place his
conduits into the trench on East "H" Street, and that McMillin
Corporation would not sign the contract with those changes and
requested a letter stating that Mr. Altbaum could not obtain
another insurance carrier. Mr. Altbaum further stated that,
because he was restricted from any type of access to the trench
without a written contract, a request for a temporary restraining
order was filed in Federal Court on February 29 against the Rancho
del Rey Project.
Councilman Malcolm, noting that the fee requested by the
contractor might possibly be onerous, agreed that the contractor
needs to be protected. More importantly, Council does not want
the construction of "H" Street delayed any longer, and suggested
that Mr. Altbaum follow the lead of the other utility companies
and pay the installation fee.
MINUTES 12 March l, 1988
Discussion by Councilmembers and questions to the City Attorney
centered on the issues; the need to get a standardized policy to
offer in identical situations to any cable company; that Council
has no authority for a possible breach of contract; this situation
is controlled by Municipal Code Section 15.32.030 which requires
subdividers to provide letters to the City of arrangments made
with all utility companies stipulating that undergrounding of
utilities is in compliance with the conditions of the final map;
and that any utility company already has the option to dig its own
trench.
Ken Baumgartner, McMillin Development, reported that if agreed to
by the subcontractor there is no problem; the trench is open and
the cable ready to be laid on Wednesday, with the closing of the
trench scheduled for the following day.
Tom Schilling, Schilling Corporation, Trench Contractor, agreed
that if he is in receipt of the money in certified funds by 9:30
a.m. on Wednesday, March 3, he will lay the cable for Ultronics.
MOTION
MSC (Nader/McCandliss) to make a referral to staff requesting a
report with a draft ordinance, if appropriate, which would be for
the purpose of requiring access on equal and reasonable terms to
utility franchisees in the City. ICouncilman Moore out)
c. Confirmation sought relative to docketing the item of the
Montgomery Community Plan lapproved by Council in concept)
before both the Planning Commission and the Community Groups.
d. Report on AB 3465 - This bill will not go before Committees
until it is amended at which time Council will be notified.
RECESSED AT 6:35 P.M. to meet as the Redevelopment Agency and,
immediately following that meeting, Council will meet in Closed
Session to discuss the issues outlined under item 25d and Sierra
Club v. Marsh, Sierra Club v. Coastal Commission, and Potential
Litigation.
The City Clerk was excused and the City Manager reported the
session ended at 7:30 p.m.
ADJOURNMENT AT 7:30 p.m. to the Council Tour on March 5 at 8:00
a.m., and to the regular meeting of March 8 at 7:00 p.m.
Jennie M. Fulasz, CMC
~e~a~n~C~ CITY CLERK
Fortune, CMC
Deputy City Clerk
1178C