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HomeMy WebLinkAboutcc min 1988/04/12At 6:30 p.m., City Council met in Closed Session to discuss Sierra Club v. Coastal Commission, Sierra Club v. Marsh, and Personnel. MINUTES OF A COUNCIL MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA Tuesday, April 12, 1988 Council Chamber 7:12 p.m. Public Services Building ROLL CALL MEMBERS PRESENT: Councilmembers Nader and Malcolm, Mayor Cox, Councilmembers Moore and McCandliss MEMBERS ABSENT: None STAFF PRESENT: City Manager Goss, Assistant City Manager Asmus, Deputy City Manager Morris, Assistant City Attorney Rudolph PLEDGE OF ALLEGIANCE TO THE FLAG, SILENT PRAYER 1. APPROVAL OF MINUTES MOTION ~Moore/McCandliss) to approve the minutes of the meeting of April 5, 1988. 2. SPECIAL ORDERS OF THE DAY a. PROCLAIMING THE WEEK OF MAY 1-7, 1988 AS "YOUTH WEEK" No one was present to receive the proclamation, and Mayor Cox continued this to the meeting of April 19. b. PROCLAIMING THE WEEK OF APRIL 17-23, 1988 AS "YOU'VE GOT THE POWER, REGISTER AND VOTE WEEK" While Mayor Cox read the Proclamation, Mayor pro Tem Malcolm presented a copy to Tod Dotson, representing Bonita Vista High School, Sheila Rodriguez, representing Castle Park High School, Rhys Ahrenstein, representing Chula Vista High School and Lisa Denning, representing Hilltop High School. Councilman Malcolm requested, before proceeding with the Agenda, that he be allowed to comment on recent newspaper articles relating to him and the City Attorney. Mayor Cox ruled the the request out of order since the issue has already been docketed under item 22 on this Agenda. The Councilman was advise~ by the Mayor, procedurally, to put his request in the form of a motion. MINUTES - 2 - April 12, 1988 MOTION ~colm) that the Council grant five minutes for Councilman Malcolm to make a short speech regarding allegations in the newspaper and the information regarding the City Attorney. (Motion died for lack of a second.) Councilman Nader announced his intention to leave the meeting early this evening to catch a train to Los Angeles for a Supreme Court case on Wednesday morning and stated his wish to participate in as many items as can be accommodated. c. OATH OF OFFICE - City Clerk Fulasz administered the Oath to William Koester, appointed Member of the Safety Commission. d. STATE OF DISTRICT MESSAGE/Sweetwater Authority Carey F. Wright, Vice Chairman of the Sweetwater Authority, introduced Garry Butterfield, General Manager to provide the a current update on the source of water supply for the South Bay and provide technical information on where the Authority stands. Mr. Garry Butterfield reported the Governing Board's completion of two projects particularly important to the community - (1) completed two years ago is the Bonita Valley Reservoir and (2) the Robert A. Purdue Treatment Plant which provides a higher degree of water treatment which now enables the Authority to meet drinking water standards completely. Mr. Butterfield also reported on water Revenues and that rates were increased last January having to do with imported water, copies of a rate survey made in January 1988 were distributed to Councilmembers. Water supply outlook for the region is serious but for 1988 it is not critical because of a continued availability of Colorado River water. In South County consumers are served by one pipe line from Lake Murray which does not have enough capacity for summer time demands. In 1992 or 1993 a new pipeline will be designed but in the meantime, San Diego Water Authority is storing water in Sweetwater Reservoir. Mr. Wright invited Councilmembers to join with the Sweetwater Authority on April 24th from 1 pm to 4 pm to celebrate the lOOth Anniversary of the Sweetwater Dam with an ice cream social complete with band music. Councilman Nader referred to the proposed appointment of members to the Growth Management Oversight Committee and inquired if the Authority would have any interest on the part of the Board to appoint ex-officio member to this Committee. Mr. Wright stated the Board Members' wish to have a closer role in cooperation with Council when water is a concern and will take the issue back to the Board. Answering Mayor Cox' question, the time schedule to open up the dam for fishing has not been set because of funding which will be discussed during their future budget hearings. MINUTES 3 - April 12, 1988 CONSENT CALENDAR (Items 3a - 15) Councilman Nader announced his departure to catch a train to Los Angeles before the Consent Calendar is discussed but stated his concerns with items 10, ll and 13, and further stated that Council discussion and agreement on items ll and 13 would be agreed to by him in his absence. MOTION MSUC (Malcolm/Nader) to docket under Special Orders of the Day, time certain at the beginning of the meeting at the April 19 regular meeting for an opportunity for Councilman Malcolm to make comments. At 7:46 p.m., Councilman Nader left the meeting. 3. WRITTEN COMMUNICATIONS Items pulled - 3a, lO, ll, 12, 13, 14, 15. BALANCE OF THE CONSENT CALENDAR OFFERED BY COUNCILWOMAN McCANDLISS, the reading of the texts waived, passed and approved. (Councilwoman McCandliss voted no on item 3e; Councilman Malcolm abstained on item 8 because of his position on the Coastal Commission.) a. REQUEST FOR COUNCIL CONFERENCE TO DISCUSS POSSIBILITY OF A CHANGE TO THE PROPOSED CARDROOM ORDINANCE Fran Burger, Vegas Club, Inc., 3631 Putter Drive, Bonita, 92002 Pulled from the Consent Agenda. b. REQUEST FOR SUPPORT OF AB 3813 (WRIGHT) STATE TO ADVANCE MONIES TO CITIES AND COUNTIES FOR COST OF REMOVAL OF BILLBOARDS - Assemblywoman Cathie Wright, State Capitol, Sacramento, CA 95814 Council directed staff to prepare a letter for the Mayor's signature in support of AB 3813 and to also request that the provision of priority given to cities incorporated after 1/1/82 be deleted. c. REQUEST FOR RESPONSE ON GROWTH MANAGEMENT CONCERNS - Maynard Joseph, 36 Sandalwood, Drive, Chula Vista 92010 Council referred the request to staff for a letter to Mr. Joseph explaining Chula Vista's approach in managing growth so that the quality of life can be preserved. d. CONCERNS REGARDING EXCESSIVE SPEEDING ON BUENA VISTA WAY - Mr. & Mrs. S. Lambert, 969 Buena Vista Way, Chula Vista 92010 Council referred the letter to staff and the Safety Commission for study and recommendation. MINUTES - 4 - April 12, 1988 e. CLAIMS AGAINST THE CITY - Joe Raso, c/o Gerald M. Dawson, 7851 Mission Center Court, Ste. 103, San Diego 92108 Since Mr. Raso will be filing for a variance relating to his home at 165 Murray Street, it has been mutually agreed that this matter be continued to the meeting of May 17, 1988. 4. RESOLUTION 13517 APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND PERSONNEL ASSOCIATES FOR JOB CLASSIFICATION AND PAY CONSULTING SERVICES AS CALLED FOR IN THE 1987-89 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE CHULA VISTA EMPLOYEES ASSOCIATION AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT (Director of Personnel) A Committee consisting of Management and CVEA representatives screened and interviewed the most responsive consultants. Council moved to approve the agreement with Personnel Associates, the Committee's first choice, for $17,800 total. 5. RESOLUTION 13518 APPROVING RIGHT-OF-WAY USE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND SAN DIEGO GAS & ELECTRIC FOR EL RANCHO DEL REY ~6 PARK (SUNRIDGE PARK) AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT (Director of Parks & Recreation) The property to be developed as Sunridge Park, located at East "j" Street and Beechglen Drive, was given to the City by the developer, Pacific Scene, to fulfill the development's park requirements. SDG&E has the right under Public Utilities Commission regulations to withdraw permission for this use at any time, in the interest of its patrons or consumers. SDG&E may also withdraw permission should the City fail to maintain the park under the terms of the agreement. 6. RESOLUTION 13519 AUTHORIZING REIMBURSEMENT TO PACIFIC SCENE, INC. FOR COSTS OF TRAFFIC SIGNAL WORK AT INTERSECTIONS OF PALOMAR STREET WITH BROADWAY AND ORANGE AVENUE FROM TRAFFIC SIGNAL PARTICIPATION FEES (Director of Public Works) Chula Vista Engineering staff informed the developer that three eastbound lanes on Palomar east of Broadway are needed and also a raised median to be constructed to prohibit left turns into and out of driveways on Palomar, which condition presented considerable additional cost to the developer (in excess of $100,000). Because preliminary reviews were accomplished under jurisdiction of San Diego County which requested additional requirements and because the road widening would require a new traffic signal pole and relocation of the controller box, Council supported the recommendation to support the developer in receiving a rebate or credit for traffic signal fees they paid. MINUTES 5 April 12, 1988 7. RESOLUTION 13520 RATIFYING LEASE AND APPROVING FOUR REAL PROPERTY AGREEMENTS AND ACCEPTING FOUR PERMANENT AND TEMPORARY DRAINAGE EASEMENTS AND ACCEPTING ONE QUIT CLAIM DEED RELATING TO THE CONSTRUCTION OF TELEGRAPH CANYON CREEK FLOOD CONTROL PROJECT (Director of Public Works) Easements across all but three parcels affected by the construction of the Telegraph Canyon Creek Flood Control Channel were obtained prior to commencement of work. The owners of the three remaining parcels granted the City "right-of-entry" permits with the understanding that in time full dedications would be made. 8. ORDINANCE 2262 AMENDING SECTIONS 19.82.21 AND 19.84.13 AND APPENDIX A OF THE CHULA VISTA BAYFRONT SPECIFIC PLAN - SECOND READING & ADOPTION (Community Development Director) The Local Coastal Plan (LCP) Amendment allows new automobile and boat sales and accessory uses listed in the amendment by Conditional Use Permit within the Coastal Zone. 9. ORDINANCE 2263 REZONING 3.19 ACRES FROM R-3-G-D, C-T AND C-T-D TO C-T-P SECOND READING AND ADOPTION {Director of Planning) The rezone of the 0.29 acre site represents a logical extension of the South Bay Chevrolet facility consistent with the depth of the C-T zoning directly to the north and the property is expected to be used to expand the adjoining employee parking area. The ordinance was placed on first reading at the meeting of April 5. lO. REPORT ON GENERAL PLAN POLICIES (Director of Planning) Pulled from the Consent Agenda. ll. REPORT CONCERNING THE HISTORY OF THE MOBILEHOME ISSUES COMMITTEE {Community Development Director) Pulled from the Consent Agenda. 12. REPORT REGARDING THE REDUCTION OF THE SPEED LIMIT ON RUTGERS AVENUE AND REQUEST FOR THE ADDITION OF ALL-WAY STOP SIGNS AT THE INTERSECTIONS OF GOTHAM STREET/RUTGERS AVENUE AND ITHACA STREET/RUTGERS AVENUE ALSO; STATUS OF STOP SIGNS ON GOTHAM STREET (Director of Public Works) Pulled from the Consent Agenda. MINUTES - 6 - April 12, 1988 13. REPORT REGARDING PETITION FROM MS. CINDY JONES, RICE ELEMENTARY SCHOOL PTA, FOR THE INSTALLATION OF LEFT-TURN SIGNALS AT THE INTERSECTION OF FOURTH AVENUE AND "L" STREET (Director of Public Works) Pulled from the Consent Agenda. 14. REPORT ON SALE OF EXCESS RIGHT-OF-WAY AT BROADWAY AND ANITA STREET (Director of Public Works) Pulled from the Consent Agenda. 15. REPORT ON INSTALLATION OF PUBLIC IMPROVEMENTS ALONG OTAY VALLEY ROAD BY J. T. RACING (Director of Public Works) Pulled from the Consent Agenda. END OF CONSENT CALENDAR PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 16. PUBLIC HEARING COASTAL DEVELOPMENT PERMIT FOR DEMOLITION AND REMOVAL OF ONE SMALL SHED FROM THE MID-BAYFRONT (Community Development Director) RESOLUTION AUTHORIZING ISSUANCE OF COASTAL DEVELOPMENT PERMIT ~029 TO SANTA FE LAND IMPROVEMENT COMPANY FOR THE DEMOLITION AND REMOVAL OF ONE SMALL SHED FROM THE MID-BAYFRONT This being the time and place as advertised, Mayor Cox declared the public hearing open. Director of Community Development Paul Desrochers reported that on March 5, 1988, the Bayfront Conservancy Trust sponsored a general clean-up of the Gunpowder Point area of the Bayfront during which a small shed in the mid-Bayfront was removed without obtaining a Coastal Development permit. The project is exempt from environmental review under CEQA Guidelines pursuant to Section 15301 Class 1(1)(4); and based on the following findings, the proposed project is consistent with the policies of the certified Chula Vista Local Coastal Program: 1. The shed was located on the portion of the Mid-bayfront zoned for office park use. Removal of the shed is consistent with the planned use of the site. 2. The demolition of the shed improved the visual quality of the Mid-bayfront and thus is consistent with the LCP form and appearance guideline. MINUTES 7 April 12, 1988 3. The demolition of the shed also removed a blighting influence on the area consistent with the form and appearance guideline. There being no other to speak for or against this item, the public hearing was closed. RESOLUTION OFFERED BY COUNCILMAN MOORE, the reading of the text was waived by unanimous consent, passed and approved. (Councilman Nader out) 17. PUBLIC HEARING REVIEW OF CITY'S COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FOCUS, PROGRAM PERFORMANCE AND PUBLIC NEEDS (Community Development Director) RESOLUTION 13522 APPROVING THE CITY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM CITIZEN PARTICIPATION PLAN This being the time and place as advertised, Mayor Cox declared the public hearing open. Assistant Director of Community Development Gustarson reported that with passage of the Housing and Community Development Act of 1987, the federal government has placed additional requirements on City grantees of Community Development Block Grant (CDBG) funds to approve and implement citizen participation procedures. A specific new federal requirement is for City grantees to hold public hearings to receive public testimony on the focus, public needs and performance of the City CDBG program. Additionally, public input on a proposed Citizen Participation Plan for the City's CDBG Program is mandated. The purpose of this public hearing is to receive public comments on both past CDBG activities and on the proposed new Citizen Participation Plan. Director of Parks and Recreation Mollinedo repeated the message in the Spanish language for the benefit of those citizens who might want to address the item in their own language. Assistant Director Gustafson further reported funds were committed to Capital Improvement Projects for low and moderate income neighborhoods (75%), housing programs after CHIP was moved to low and moderate income housing (2%}, social services (15%), program administration (8%). Capital Improvement Projects include drainage projects and flood control projects, street and alley improvements, rehabilitation of community centers and park development. Housing programs include Fair Housing Program, and service organizations include the YMCA Stress Center, South Bay Meals on Wheels and Jobs for Youth; stated the second public hearing is scheduled for April 26th to consider the budget; newspaper display advertisements has been provided both in English and Spanish, technical assistance for groups will be provided and use of the Human Relations Commission and Senior Commission on Aging will be made to evaluate social services proposals. MINUTES 8 April 12, 1988 There being no other to speak for or against this item, the public hearing was closed. RESOLUTION OFFERED BY COUNCILMAN MALCOLM, was read by Mayor Cox, passed and approved. (Councilman Nader out) 18. PUBLIC HEARING MAJOR USE PERMIT PCC-88-23M: APPEAL OF DENIAL BY THE PLANNING COMMISSION OF A REQUEST TO EXPAND A MINI-WAREHOUSE FACILITY AT 350 NAPLES STREET INVESTORS LT. (Director of Planning) RESOLUTION DENYING PCC-88-23M TO EXPAND A MINI-WAREHOUSE FACILITY AT 350 NAPLES STREET Attorney Don Lindberg, 4201 Bonita Lane, Bonita 92002 asked for a postponement because of the absence of Councilman Nader and his desire for a full Council to hear this matter. MOTION MSC ~Malcolm/Moore) to continue this item for one week to the meeting of April 19. (Councilman Malcolm out) 19. ORAL COMMUNICATIONS a. David Jordan, 1550 Port Dume Court, who addressed Council at the meeting of April 5, returned with additional information in a letter addressed to Senator Wilson which he read. Mr. Jordan proposed a three point program: (1) to request government officials and legislators to stiffen the penalties of drug traffic; (2) for a long term solution to eradical the problem of drugs through education; and (3) to address the flow of illegal drugs across the country's southern borders by the implementation of task force groups. MOTION MSC ~'~ox/McCandliss) to refer this item to staff to come back with a response to the issues and the three point program in two weeks. (Councilman Malcolm voted no; Councilman Nader out) Councilman Malcolm voted no because of the additional burden being put upon staff for a report of drug traffic in the City of Chula Vista when Councilmembers individually are already working on several committees to study this same problem. The Councilman also reminded that the City's Legislative Committee continually works through the League of California Cities to address and support every bill to stiffen penalties for this crime. MINUTES 9 April 12, 1988 b. Bess Pocklington, 656 Glover Place, asked that the Board of Ethics be dissolved alleging its use as a political tool for City Hall rather than an unbiased committee. Mrs. Pocklington cited alleged Council actions (conflict of interest, preferential treatment, etc.) all which resulted in no investigation. Mrs. Pocklington applauded Councilman Malcolm's concern for citizens of Chula Vista and, especially, those on the west side of the City for his concern of the children's need of a Girls & Boys Club. c. J. R. Norman, 908 Mission Avenue, Chula Vista, addressed his complaint of traffic on East "L", stating the new traffic light will not solve problem, but did commend Council for assigning additional police in that area. PULLED ITEMS 3a. REQUEST FOR COUNCIL CONFERENCE TO DISCUSS POSSIBILITY OF A CHANGE TO THE PROPOSED CARDROOM ORDINANCE Fran Burger, Vegas Club, Inc., 3631 Putter Drive, Bonita, 92002 Staff recommends, if Council believes revisions to the current ordinance ar worthy of consideration, that a Council Conference be scheduled for consideration. Fran Burger, 3631 Putter Drive, Bonita, requested Council to schedule a Council Conference stating his request would be beneficial for the City. M (Moore) to schedule the item for a Council Conference. (Motion died for lack of a second. MOTION MS'~'C~ox/McCandliss) to file the request. (Councilman Nader out) lO. REPORT ON GENERAL PLAN POLICIES (Director of Planning) The report is in response to the March 24, 1988 Council workshop on the subject at which Council considered certain policies relating to Land Use Scenario IV for the Eastern Territories. Councilman Malcolm suggested the item be continued so that Councilman Nader can participate and Director of Planning Krempl stated a continuance would not impact the schedule. Speakers who had asked to speak Robert Santos, 900 Lane Avenue, Chula Vista representing EastLake Development; Greg Smith, San Diego 92130 representing the Baldwin Company; and Charles Gill, 600 "B" Street, representing the Buie Corporation - concurred with a preference to address a full Council. MOTION MSC ~ox/McCandliss) to continue the item for one week to April 19. (Councilmembers Malcolm and Nader out) MINUTES - lO April 12, 1988 11. REPORT CONCERNING THE HISTORY OF THE MOBILEHOME ISSUES COMMITTEE (Community Development Director) In June 1981, as a response to the space rent increase situation in mobilehome parks in Chula Vista, an ad hoc committee on Mobilehome Issues was created. In October 1982 the City Council endorsed the creation of the Mobilehome Issues Committee described as a forum for discussion between park owners and residents and as an advisory body of the mobilehome community independent of City government, and acting as a resource for the City Council and staff on mobilehome issues which might involve City action. The organization structure of the Committee was also endorsed by the City Council in 1982 and the Committee has never been designated by Council as a formal City Board or Commission. If Council wishes to make the Committee a Board or Commission, formal Council action would be necessary. R. C. Flaugher, llO0 Industrial #10, 92011, voiced his opinion that the report is a result of his letter concerning the makeup of the Mobilehome Committee and is of historical information. Mr. Flaugher questioned when he could receive an answer to his letter, which was referred to the Mobilehome Issues Committee. Nayor Cox reported the Committee's action was that the Committee did not want a term limitation for members, but did agree with Mr. Flaugher's concern that there is not a member to represent the trailer park residents. Councilmembers discussed Mr. Flaugher's contention that residents of a trailer park (except those who also own a mobilehome) have never qualified for appointment on the Committee. Mary Frances Click, Chairman of the Committee, reported that when Montgomery was annexed, invitations were sent to the 18 parks to solicit members and alternates but received no response. MOTION MSC (Malcolm/McCandliss) to request staff to bring back an answer from the Mobilehome Issues Committee regarding the membership on trailer residents as well as discussion and possible expansion of the Committee to include that type of member and the limitation on terms. (Councilman Nader out) Mayor Cox requested that staff provide a copy of the answer when received to both Mr. Flaugher and to Mrs. Click. 12. REPORT REGARDING THE REDUCTION OF THE SPEED LIMIT ON RUTGERS AVENUE AND REQUEST FOR THE ADDITION OF ALL-WAY STOP SIGNS AT THE INTERSECTIONS OF GOTHAM STREET/RUTGERS AVENUE AND ITHACA STREET/RUTGERS AVENUE ALSO; STATUS OF STOP SIGNS ON GOTHAM STREET (Director of Public Works) MINUTES ll - April 12, 1988 Deputy Director of Public Works/City Engineer Garibay reported that staff recommends to {1) Not reduce the speed limit from 30 mph to 25 mph on Rutgers Avenue, (2) Not install stop signs on Rutgers at the intersections with Ithaca Street and Gotham Streets, and {3) to affirm the three stop signs on Gotham Street at the intersections with Cornell Avenue, Vassar Avenue and Wayne Avenue. Deputy Director Garibay also reported a low accident rate at the location. Ronald W. Treat, 877 Rutgers Avenue, 92013, reported his attendance at two Safety Commission meetings and the unsatisfactory result of the Commission's lowering of the speed limit and Officer Leonard's reluctance to place a safety patrol at Gotham and Rutgers because of the lack of visibility. Mr. Treat stated staff's recommendation is inconsistent and requested a 25 mile/hour speed limit for public safety. A petition was presented to Council signed residents and citizens who use the streets in this area. Tom Davis, 1657 Gotham Street, agreed with staff's recommendation to overturn the placement of stop signs on Gotham and Rutgers but stated support for a 4-way stop on Rutgers. In answer to Councilman Malcolm's question, Mr. Treat stated the residents desire a stop at Ithaca to reduce the speed where the majority of children are crossing. MOTION MS ~lcolm/McCandliss) to reduce the speed to 25 miles per hour and to install the 4-way stop signs on Gotham and Rutgers Avenues. Councilmembers discussed enforcement of the speed limit and the need to get the community involved with anti-speeding campaign, the traffic signal proposed for Rutgers, East "H" and the "platooning" effect which may be beneficial. Mayor Cox requested Councilman Malcolm to split the motion to afford the ability to look at the area after the stop signs are put in. Both the maker and seconder agreed. VOTE ON A PORTION OF THE MOTION MSC (Malcolm/Cox) to install the 4-way stop signs on Gotham and Rutgers Avenues. (Councilman Nader out) Mayor Cox stated he is against reducing the speed limit at this time and would rather evaluate it and, in the interim, give further direction to the Police Department for specialized enforcement. SUBSTITUTION OF THE SECOND PORTION OF THE MOTION MSC {Cox/Moore) to bring back that portion on the speed limit after a 90 day evaluation of the stop signs to be installed at Gotham and Rutgers, and to give direction to staff for the Police Department to provide specialized enforcement in that area. (Councilwoman McCandliss voted no; Councilman Nader out} MINUTES 12 April 12, 1988 13. REPORT REGARDING PETITION FROM MS. CINDY JONES, RICE ELEMENTARY SCHOOL PTA, FOR THE INSTALLATION OF LEFT-TURN SIGNALS AT THE INTERSECTION OF FOURTH AVENUE AND "L" STREET (Director of Public Works) Deputy Director of Public Works/City Engineer Garibay reported staff's recommendation to not install left-turn phasing at the intersection of Fourth Avenue and "L" Street but rather to update the signal facilities. A review of the accident record system during the two-year period from January l, 1986 to December 31, 1987 shows a total of 30 reported accidents at this intersection, none of which involved pedestrians. It is recommended to increase the size of the signal lenses from 8-inch diameter to 12-inch diameter to improve the visibility of the traffic signals since some may be obstructed by existing telephone poles and trees and that a type 1-A signal standard may be added on some of the corners. Councilwoman McCandliss stated her preference for left turn phasing at this intersection to streamline the traffic flow and Deputy Director Garibay explained the detrimental effect of imposing left turn phasing in an intersection where it is not warranted. Cindy Johns, 510 Naples Street, 92011, stated that she travels through this traffic several times per day and referred to the petition submitted from 387 residents to request the left turn phasing at Fourth and "L". Gary Chapman, 937 Kittiwake, 92011, a faculty member of Chula Vista High School and resident whose daughter is on safety patrol requested the left turn phasing stating it is necessary to install order and stability at the corner. Steele Johns, 510 Naples Street, paramedic, reported on surveys made by the residents because of the concern they gave for the students of the elementary and high school noting safety of children lives are jeopardized at the subject intersection. Mr. Johns presented a video for the Councilmembers to view for their information of what is happening at the intersection on a regular basis. Lynn Dull, 674 Fourth Avenue, and John Rice, Nickman Street, agreed with the previous speakers and stated experience with the traffic in this area. Mayor Cox questioned and Deputy Director Garibay confirmed that the left turn phasing at this intersection had been in the Capital Improvement Programs for several years but questioned whether installation was warranted; the accident record at this intersection warrants action but there is a difference of opinion as to the cause of the safety problem. MINUTES - 13 April 12, 1988 MOTION MS (McCandliss/Malcolm) to authorize left turn phasing at the intersection of Fourth Avenue and "L" Street. Councilwoman McCandliss also suggested that staff prepare a graphic for a future presentation that is more easily understood by Council. Councilmembers discussed the need to start preliminary work and the effect of new computerized traffic signalization. SUBSTITUTE MOTION MSC {Cox/Malcolm) to direct staff to proceed with preliminary design and engineering work for a left turn phasing at this intersection and to bring this item back for funding at the Capital Improvement Project Budget Session. (Councilman Nader out) Deputy Director Garibay confirmed this action would not delay the installation. Assistant City Manager Asmus asked for clarification of the motion and Councilmembers concurred that they understood the work to be done would be minimal until the CIP Budget Session has begun. 14. REPORT ON SALE OF EXCESS RIGHT-OF-WAY AT BROADWAY AND ANITA STREET (Director of Public Works) Director or Public Works Lippitt reported that staff has been in negotiations with the owner of the property, the value of which was appraised "AS IS" at $4.25 per square foot or a total price of $39,911.75. Staff recommended the City pay one-half the cost of the traffic study and approval - or 52,400, and the conditions for vacation follow: 1. A site plan to be submitted and approved by the Design Review Committee showing how the vacated land is to be used. 2. A complete set of improvement plans for the reconstruction of the Broadway and Anita Street improvements shall be prepared by the applicant's private engineer and the plans approved by the City Engineer. 3. Permits, bonds, and agreements shall be submitted for the work in the public right-of-way. 4. A parcel map shall be prepared to include the entire vacation as part of the developed lot. Director of Public Works Lippitt reported on traffic studies accomplished which determined traffic flow, the fact that Silvas Street will be widened in the near future, the curb return will be increased by a 35' radius, and the effects on Silvas' traffic to the South. There will be a need to come back with a Resolution and at that time all of the affected residents in the area will be noticed. MINUTES 14 April 12, 1988 William Perkins, 355 Corral Court, 92002 requested Council to accept the report. MOTION MSC T~alcolm/Moore) to accept the report. (Councilman Nader out) 15. REPORT ON INSTALLATION OF PUBLIC IMPROVEMENTS ALONG OTAY VALLEY ROAD BY J. T. RACING (Director of Public Works) Director of Public Works Lippitt reported that staff recommends proceeding with the construction of deferred improvements by contract and that recovery of the associated costs be obtained by whatever legal means are available including calling in surety bonds if necessary. Problems had been encountered but agreement by J. T. Racing was received today and Councilman Malcolm, because of this present cooperation, recommended Council not take "drastic" action. MOTION MS"~'C"l'Malcolm/McCandliss) to put off this action for thirty days and direct staff to bring this back if there is a lack of cooperation. (Councilmember Moore voted no; Councilman Nader out) 20. REPORT OF THE CITY MANAGER a. Scheduling Council meetings the next workshop of April 28 at 4 p.m. lists a joint meeting with the Board of Ethics; however, and a need exists for a meeting for the General Plan Update to discuss the circulation element and land uses. The Mayor requested the City Clerk prepare a calendar on which Council indicate the dates on which they are not available, and that the Council Secretary contact each Councilmember to schedule the forthcoming budget sessions. 21. MAYOR'S REPORT a. Chula Vista's second Government Day, April 14 will present a mock City Council Meeting in action. 22. COUNCIL COMMENTS COUNCILMAN MALCOLM: a. Presented to Council for Information Only: AB 3813 (Wright) - Outdoor advertising: removal of advertising structures-advancements AB 3499 (Mountjoy) - Monies collected by local agencies from enforcement of building codes AB 3711 (Polanco) Redevelopment Agencies: housing obligation b. Personnel See page 3 MINUTES 15 - April 12, 1988 MOTION M (Malcolm) to meet in Closed Session with the Assistant City Attorney following this meeting to discuss Personnel. Mayor Cox requested that Property Acquisition be included in the motion, and Assistant City Attorney Rudolph reported, under the provisions of the Brown Act, the need for the site of the property and the names of the persons with whom the City will negotiate. Since this information was not readily available, Councilman Malcolm stated he would not include that particular portion of the motion. Assistant City Attorney Rudolph confirmed that there is not enough information provided to discuss the properties in closed session, and Councilman Malcolm withdrew his entire motion. c. Councilman Malcolm stated that next week's Council meeting will be very interesting because of his belief that he has a lot to say that the public needs to know regarding different people and various names. COUNCILWOMAN McCANDLISS d. Mrs. Pocklington's discussion relative to the Board of Ethics made reference to favoritism in an open space district and, through rumors, feels as though the Councilwoman was the Member to whom she referred. Councilwoman McCandliss reported the other person and she actually broke friendship over this issue as he did not feel the policy put in place was to his interest. Mrs. Pocklington was invited to confirm this fact with him. COUNCILMAN MOORE e. Cooperation between Councilmembers as well as Board and Committee members was stressed for the mutual benefit of Council and the City. ADJOURNMENT AT lO:17 p.m. to the regular meeting of April 19, 1988 at 7 p.m. Jennie M. Fulasz, CMC ~'\ i~ CITY CLERK ~/~an Fortune, CMC ~DEPUTY CITY CLERK 1210C