HomeMy WebLinkAboutcc min 1988/11/22 MINUTES OF A REGULAR CITY COUNCIL MEETING
OF THE CITY OF CHULA VISTA
At 6:45 p.m., City Council met in Closed Session to discuss:
Sierra Club v. Coastal Commission.
Tuesday, November 22, 1988 Council Chamber
7:00 p.m. Public Services Building
ROLL CALL
PRESENT: Mayor Cox, Councilmembers McCandliss, Nader, Malcolm
and Moore
ABSENT: None
ALSO PRESENT: City Manager Goss, Assistant City Manager Asmus,
City Attorney Harron
PLEDGE OF ALLEGIANCE TO THE FLAG, SILENT PRAYER
1. APPROVAL OF MINUTES
MSUC (McCandliss/Moore) to approve the Minutes for the Regular
Meeting of November 15, 1988.
2. SPECIAL ORDERS OF THE DAY None.
CONSENT CALENDAR (Items 3a - 17)
Pulled Items: 9, 12, 16, 17. Item lO was deleted from the Agenda
by staff; Item 14 was continued to the meeting of December 13;
Items 6, 11 and 13 are appropriation items which require a 4/5
vote.
BALANCE OF THE CONSENT CALENDAR WAS OFFERED BY COUNCILMAN MALCOLM
and read by titles, the texts waived by unanimous consent and
approved. (Council Malcolm abstained from Item 3b because of his
ownership of stock in Great American Development.)
3. WRITTEN COMMUNICATIONS
a. REQUEST TO REQUIRE RESTAURANTS TO COMPLY WITH NON-SMOKERS
NEEDS - Community for the Environmentally Sensitive, P.O. Box
19, Potrero, CA 92063
Council advised that, as an employer, the City does prohibit
smoking in the workplace and that the present ordinance,
applicable throughout the City, requires the protection of
non-smokers by requiring private and public entities to adopt
rules and regulations in accordance with certain restrictive
provisions in the ordinance. A much more restrictive ordinance is
MINUTES - 2 - November 22, 1988
proposed by the County Board of Supervisors which would greatly
stren9then non-smoker's rights in restaurant facilities and is
currently under review by the Chamber of Commerce and City staff
with final consideration by the Council expected after the first
of the year.
b. CONCERNS REGARDING PUBLIC IMPROVEMENTS IN THE RANCHO DEL SUR
AREA (SUNBOW) - Kurt & Mary Woltersdorf, 583 Hampshire Lane,
Chula Vista 92011
Council directed staff to advise Kurt and Mary Woltersdorf that
while the City continues to try to facilitate solutions to the
many problems raised in their November 4, 1988 letter to Great
American Development, most of the matters are civil in nature.
The City will, however, assist the neighborhood in enforcing the
prohibition of commencin9 construction work prior to 7:00 a.m.
c. CLAIMS AGAINST THE CITY -William E. Blair, c/o James Swingley,
Esq., 815 Third Avenue, Suite 303, Chula Vista, CA 92011
Council denied the claim from William E. Blair which alleges the
City is responsible for his single car accident by lack of
lighting and dangerous condition in the roadway.
4. RESOLUTION 13859 APPROVING AGREEMENT BETWEEN THE CITY OF
CHULA VISTA AND FRANK CHABOUDY FOR TENNIS
SERVICES AND PERMIT TO USE CHULA VISTA
TENNIS CENTER AND AUTHORIZING THE MAYOR TO
EXECUTE SAID AGREEMENT (Director of Parks
& Recreation)
The agreement for professional tennis services with Tennis
Professional, Frank Chaboudy, has been amended to reflect changes
that have occurred over the past three years. Council authorized
the Department of Parks & Recreation and Risk Management to
establish a quarterly financial reporting system, the creation of
a Junior Tennis Program, shifting the utility cost of the Center
from the City to the Tennis Professional, an increase in the
limits of the liability insurance and a modification in the
indemnification and hold harmless language. It is estimated the
City will save approximately $1,000 under this amended Agreement.
5. RESOLUTION 13860 ACCEPTING BIDS & AWARDING CONTRACT FOR
CONSTRUCTION OF ALLEY IMPROVEMENTS SOUTH
OF G STREET BETWEEN BROADWAY AND SMITH
AVENUE IN THE CITY OF CHULA VISTA
(Director of Public Works)
The project includes installation of P.C.C. alley paving, asphalt
concrete paving, excavation and grading, preservation of property,
and other miscellaneous work shown on the plans. Alternative A
includes construction of the alley improvements adjacent to only
the residential zoned property. Alternative B includes the
construction of the alley adjacent to both the residential and
commercial properties in the hope that, should Council participate
MINUTES - 3 November 22, 1988
in the construction up to 50%, possibly the owners would construct
their improvements; three of the owners indicated no desire to
participate. Council awarded the contract for Alternate A to low
bidder, ROCA Construction Inc. Chula Vista in the amount of
$25,469.00.
6. RESOLUTION 13861 ACCEPTING BIDS AND AWARDING CONTRACT FOR
PLACEMENT OF ASPHALT CONCRETE OVERLAY
(1988-89 PROGRAM) ON VARIOUS STREETS IN
THE CITY OF CHULA VISTA (Director of
Public Works)
The work to be done consists of providing asphalt concrete
material overlaying various streets. The overlay is to be 1.5"
thick and placed on top of non-woven pavement reinforcement fabric
and also includes the removal of alligatored pavement areas and
replacement with asphalt concrete, header cut (cold plain), signal
loops traffic control and other miscellaneous work. Council
authorized $52,800 be appropriated from the unappropriated
reserves of Gas Tax Funds to Pavement Overlay-City, FY 89 Account,
and awarded the contract to low bidder, Daley Corporation in the
amount of ~340,569.00.
7a. RESOLUTION 13862 APPROVING THE FINAL MAP OF CHULA VISTA
TRACT 88-2, RANCHO DEL REY BUSINESS
CENTER, ACCEPTING ON BEHALF OF THE PUBLIC
THE PUBLIC STREETS DEDICATED ON SAID MAP,
AND ACCEPTING ON BEHALF OF THE CITY OF
CHULA VISTA THE OPEN SPACE LOTS GRANTED ON
SAID MAP AND THE EASEMENTS GRANTED ON SAID
MAP WITHIN SAID SUBDIVISION AND ABUTTER'S
RIGHTS OF ACCESS AS RELINQUISHED ON SAID
MAP, AND APPROVING SUBDIVISION IMPROVEMENT
AGREEMENT FOR THE COMPLETION OF
IMPROVEMENTS REQUIRED BY SAID SUBDIVISION,
ND AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENTS (Director of Public Works)
b, RESOLUTION 13863 APPROVING AN AGREEMENT WITH RANCHO DEL REY
PARTNERSHIP AGREEING TO NOT PROTEST THE
FORMATION OF AN ASSESSMENT DISTRICT FOR
THE WIDENING AND IMPROVEMENTS OF EAST H
STREET (Director of Public Works)
Chula Vista Tract 88-2, Rancho del Rey Business Center, consists
of 34 industrial lots and 6 lots for open space, public utilities
and other public uses. The final map has been reviewed by the
Public Works Department and found to be in conformance with the
approved Tentative Map; approval constitutes acceptance of all
drainage, tree planting and sight visibility easements within the
subdivision and acceptance on behalf of the public of Amena Court,
Avila Way, Canarios Court, Lazo Court, Plaza Amena, Plaza Court,
Paseo del Rey and Tierra del Rey. Approval of the map also
constitutes acceptance of all abutters' rights of access in and to
Paseo del Rey adjacent and contiguous to lot number 7, and also
acceptance of lots A, B, C, D, E, and F for open space, public
utilities and other public uses.
MINUTES 4 - November 22, 1988
8a. RESOLUTION 13864 ACCEPTING GRANT OF EASEMENT FROM EASTLAKE
DEVELOPMENT COMPANY AND FIRST NATIONWIDE
NETWORK MORTGAGE COMPANY FOR DRAINAGE
PURPOSES (Director of Public Works)
b. RESOLUTION 13865 ORDERING THE SUMMARY VACATION OF A CERTAIN
DRAINAGE EASEMENT AND AUTHORIZING THE
MAYOR TO EXECUTE A QUITCLAIM DEED FOR SAID
EASEMENT
c. RESOLUTION 13866 ORDERING THE SUMMARY VACATION OF A
DRAINAGE EASEMENT AND AUTHORIZING THE
MAYOR TO EXECUTE A QUITCLAIM DEED FOR SAID
EASEMENT PORTION OF MILLER DRIVE AND LOT D
OF MAP 11509
The EastLake Development Company proposes to consolidate lots 13,
14, 15 and a portion of land lying westerly of the subdivision
boundary to form one large lot. To accomplish this, EastLake
proposes to eliminate Miller Drive and to relocate a storm drain
currently lying along the westerly boundary of lot 13.
9. RESOLUTION APPROVING THE HOUSING ASSISTANCE PLAN FOR
1988-1991 AND AUTHORIZING THE CITY MANAGER TO
SIGN AND SUBMIT THE NECESSARY DOCUMENTS TO THE
U. S. DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT (Community Development Director)
Pulled from the Consent Agenda.
10. RESOLUTION APPROVING A QUITCLAIM DEED AND CONVEYING
SEVENTY-FIVE SQUARE FEET OF LOT 7 OF TOWN
CENTRE TOWNSITE TRACT NO. 2 TO CENTRE CITY
ASSOCIATES, LIMITED--COMMERCIAL (Community
Development Director)
Deleted from the Agenda.
11. RESOLUTION 13867 APPROVING COMPENSATION AND FRINGE BENEFITS
FOR CERTAIN UNCLASSIFIED EMPLOYEES OF THE
CITY OF CHULA VISTA FOR FISCAL YEAR
1988-89 (City Manager)
Council subcommittees have all met to recommend the compensation
and fringe benefits for the three positions of the City Manager,
City Attorney and City Clerk
12. RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR
TRAFFIC SIGNAL MODIFICATION AND P.C.C.
CONCRETE MEDIAN INSTALLATION AT BROADWAY/L
STREET AND INSTALLATION OF RED FLASHERS AT
THIRD AVENUE/D STREET IN THE CITY OF CHULA
VISTA AND APPROPRIATING FUNDS THEREFOR
(Director of Public Works)
Pulled from the Consent Agenda.
MINUTES 5 November 22, 1988
13. REPORT PROPOSAL TO AUGMENT SOUTH BAY COMMUNITY
SERVICES' RUNAWAY AND HOMELESS PROJECT
(Director of Public Safety)
RESOLUTION 13868 APPROVING THE FOURTH AMENDMENT TO THE
AGREEMENT WITH SOUTH BAY COMMUNITY
SERVICES TO PROVIDE ENHANCED SERVICES TO
JUVENILE PROSTITUTES AND HOMELESS YOUTH
AND AUTHORIZING THE MAYOR TO EXECUTE SAID
AMENDMENT
South Bay Community Service (SBCS) volunteered to do an assessment
and will also maintain a liaison with the Police Department
regarding prostitution activity among juveniles so that outreach
information and services can be offered to them as soon as
possible. An additional shelter home will also be available for
use exclusively for runaway/homeless youth and/or juvenile
prostitutes wishing to leave the streets. SBCS will coordinate
their training and services with the San Diego Youth and Community
Services Storefront Project for street youth, which currently
operates a juvenile prostitute/street youth project for the San
Diego area. Council approved the budget of $7,500 (to be
transferred from the General Fund's unappropriated reserve) as
submitted by SBCS.
14A. REPORT ENFORCEABILITY OF A 25 MPH SPEED LIMIT ON
RUTGERS AVENUE BETWEEN EAST H STREET AND
OTAY LAKES ROAD (Deputy City Attorney)
B.REPORT FOLLOW UP REPORT REGARDING THE SPEED OF
TRAFFIC ON RUTGERS AVENUE
MOTION
MSUC (Malcolm/McCandliss) to continue Item 14 to the Meeting of
December 13 and to be docketed as the first item on the Consent
Calendar.
15. REPORT REQUEST TO CONDUCT ANNUAL STARLIGHT YULE
PARADE (Director of Parks & Recreation)
Chula Vista Downtown Business Association and the Sweetwater Union
High School District requested permission to co-sponsor the Annual
Starlight Yule Parade. Staging will take place at the County
Regional Center parking lots and approximately 90 units will be
participating in the event. Council approved the request subject
to staff conditions.
16. REPORT REQUEST FOR A TRIAL PERIOD CLOSURE AT
COUNTRY CLUB DRIVE EAST OF FIRST AVENUE
(Director of Public Works)
Pulled from the Consent Calendar.
MINUTES 6 November 22, 1988
17. REPORT UPGRADE OF THE INTERIOR MAINTENANCE OF
LAUDERBACH COMMUNITY CENTER (Director of
Parks & Recreation)
Pulled from the Consent Agenda.
END OF CONSENT CALENDAR
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
18. RESOLUTION 13869 DETERMINING AND DECLARING THE PUBLIC
NECESSITY OF ACQUIRING CERTAIN RIGHT OF
WAY FOR PUBLIC STREET, DRAINAGE AND
UTILITY PURPOSES AND AUTHORIZING THE
COMMENCEMENT OF CONDEMNATION PROCEEDINGS
TO ACQUIRE SAID RIGHT OF WAY (City
Attorney)
This being the time and place as advertised, the public hearing
was declared open.
In reply to Councilwoman McCandliss' question, City Attorney
Harron reported contact with United Enterprises and the Baldwin
Company, confirmed that they waived any right to notice and to
h h
proceed wit t e hearing.
Staff recommended Council use its powers of eminent domain to
condemn property for street, drainage and utility improvements
along Telegraph Canyon Road. The proposed taking constitutes
39.93 acres out of an approximate total acreage of 23,500 acres
formerly owned by United Enterprises and now owned by the Baldwin
Company. Balancing the need for the improvements for health and
safety purposes versus the effect on the Baldwin Company, it is
reasonable to approve the eminent domain action.
There being no one to speak either for or against this item, the
public hearing was closed.
RESOLUTION OFFERED BY COUNCILMAN MOORE and read by title, the
reading of the text waived by unanimous consent and approved
unanimously.
19. PUBLIC HEARING PCM-89-2: CONSIDERATION OF A PROPOSED
PRECISE PLAN WITHIN THE IL-P ZONE FOR OTAY
RIO BUSINESS PARK - OTAY RIO BUSINESS PARK
RESOLUTION 13870 APPROVING PRECISE PLAN PCM 89-2 WITHIN THE
IL-P ZONE FOR OTAY RIO BUSINESS PARK
This being the time and place as advertised, the Public Hearing
was declared open.
Planning Director Krempl reported the project site is bounded on
the east by Otay Valley Road and on the north by the Otay River.
Approximately 132 acres were designated IL-P limited industrial,
MINUTES 7 November 22, 1988
with certain support commercial uses as provided in the zoning
ordinance upon approval of a master conditional use permit. The
Environmental Review Coordinator has determined that no additional
environmental review is required for the proposed precise plan at
this time.
Tony Ambrose, 4877 Viewridge Avenue, 92123, stated the
Chillingworth Corporation concurs with the staff's recommendation.
In answer to Councilman Malcolm's question, the Director of Public
Works reported the tentative subdivision map is conditioned to
require the developer to widen the improvements between Nirvana
and their subdivision after the road survey proves 7200 trips per
day. Councilman Malcolm further questioned the City's position in
the future when 20,000 trips are reached and the developer has the
right to build out and, although the developer would have to come
back for discretionary approval, the concern would exist if the
road is not widened. Councilman Moore reminded that the road
falls under Level "C" which means no permits are permitted to
finish a project until the problem is solved.
RESOLUTION OFFERED BY MAYOR COX and read by title, the reading of
the text waived by unanimous consent.
Mayor Cox questioned whether the Otay Rio Business Park could be
folded into the regional park program; the rest of the project is
southerly of the flood plain and would not be a candidate for open
space. Councilman Moore questioned the consideration of an
employee's park, which subsequently was deleted for compensation
in kind for the acreage, to be negotiated and is still pending.
MOTION
MSUC (Malcolm/Moore) that staff be directed to come back this
evening with words delineating that no permits shall be issued
after the level of service "C" is reached with a stoppage of
~ts if there is a problem with the widening of Otay Valley
At 7:40 p.m., Council trailed this item to a time following
consideration of item 20A and 20B (8:15 p.m).
MOTION
MS (Malcolm/Moore) that Council accept the staff recommendation on
changing the wording in the tentative subdivision map which now
requires the road to be widened "from the subdivision to Nirvana
Avenue" to "the road to be widened from the subdivision to 1-805";
and to place a level of service "C" as a condition on the Precise
Plan.
ADDITION TO THE MOTION
(Nader/Malcolm) to change the language that refers to, "restrict
the issuance of building permits when the traffic volume reaches
7180 trips" to language stating, "stop the issuance ..... trips".
MINUTES - 8 - November 22, 1988
VOTE ON THE MOTION AND ADDITION TO THE MOTION
Motion passed unanimously.
Councilman Moore requested a copy of the final version to be
placed in Council Information.
Councilman Nader reported his continued problems with this
development. At this point, the City has not completed a study to
reveal whether the employment park will provide jobs for citizens
or from those outside the City. It was hoped that Proposition C
would include a "jobs element" to coordinate industrial
development with the need for emloyment within the City. Another
problem exists because this City had asked the County to impose a
moratorium on Otay Mesa development and then immediately proceed
with development of the City's part of Otay Mesa. Recently the
City of San Diego put on a moratorium for the airport site. These
Councilman Malcolm expressed his r n rw e record. He
stated hope that this information could be used in a cooperative
manner with the promoters of this project and be compatible with
the job needs and growth management needs for this community.
VOTE ON THE AMENDED RESOLUTION
Resolution approved unanimously.
20A.PUBLIC HEARING PCZ-88-P: APPEAL FROM PLANNING COMMISSION
DENIAL OF PROPOSAL TO REZONE 0.99 ACRES ON
THE NORTH SIDE OF C STREET, BETWEEN DEL
MAR AVENUE AND THIRD AVENUE EXTENDED FROM
R-1 TO R-2 MITCHELL N. ANGUS
20B.PUBLIC HEARING PCS-88-9: CONSIDERATION OF TENTATIVE
SUBDIVISION MAP FOR 1.32 ACRES ON THE
NORTH SIDE OF C STREET, BETWEEN DEL MAR
AVENUE AND THIRD AVENUE EXTENDED; CHULA
VISTA TRACT 88-9 - MITCHELL N. ANGUS
RESOLUTION 13871 APPROVING TENTATIVE MAP FOR CHULA VISTA
TRACT 88-9
This being the time and place as advertised, the combined public
hearing was declared open for 20A and 20B.
Director of Planning Krempl indicated that the two items are
somewhat exclusive of one another. The rezone is request for a
change from R-1 to R-2 on the north side of "C" Street, which
request has been opposed to by the Planning Department. Staff
feels strongly that the area north of "C" Street is a demarcation
point and is a single family neighborhood. More recently a
comprehensive rezoning study of the larger environs north of "C"
Street and all alternatives were approved by Council as R-1.
MINUTES - 9 - November 22, 1988
Director Krempl addressed the Tentative Map to divide subdivide
1.32 acres into seven lots which meets the 7,000 sq.ft.
requirements fronting on "C" Street and Del Mar Avenue. Staff is
recommending approval subject to the 14 conditions; the Planning
Commission also recommds approval by a vote of 6-0.
Charles B. Christensen, 444 West "C" Street, Sute 404, 92101,
representing both the applicant and the appellant, urged approval
of the Tentative Map and stated agreement with the conditions and
the modification, It is their feeling that the R-2 zone is
appropriate in this case as presented in his letters of August 24,
1988 and November 21, 1988.
Peter Watry, 81 Second Avenue, urged Council to be consistent with
their past actions and to deny the rezoning.
James B. Acton, 265 Nixon Place, 92010, requested this appeal be
denied and the rezoning be disapproved, statin9 that despite the
recommendations of finding no environmental impacts, the Initial
Study leaves room for disagreement. Rezoning would be in
violation of promises made by Council to the residents of the area
that R-1 zoning would be maintained.
There being no others to speak either for or against this item,
the public hearing was closed.
MOTION
MSUC IMalcolm/McCandliss) to deny the rezoning request.
COUNCILMAN MALCOLM OFFERED THE RESOLUTION (20B) which was read by
title, the reading of the text waived by unanimous consent and
approved unanimously.
Director Krempl confirmed that the driveway access to "C" Street
mentioned previously would be examined in conjunction with any
grading plans and building permit submitted for approval.
21. ORAL COMMUNICATIONS
a. Mayor Cox acknowledged Mike Ambrose' presence and invited him
to accept a photograph, taken by a roving photographer, of
Papa Smurf and those working for the Starlight Yule Parade
which will be held on Monday, November 28th, at 7:00 p.m.
b. Jim Ferguson, President of the Downtown Association and Scout
Master of Troop 586, introduced the members of his Troop and
also presented Councilmembers with buttons for the 26th Annual
Starlight Yule Parade. Mr. Ferguson stated appreciation that
the City is a co-sponsor of the Parade and reported the
assessment of items not included in their budget, which
previously was covered by the City (time and overtime for City
personnel for the cleaning of the streets after the parade).
The Downtown Association requests that the City cover the $490
needed for this assessment.
MINUTES lO - Novembe~ 22, 1988
MOTION
MSC (Nader/Cox) to place this issue on the Agenda because it came
before Council too late for proper Brown Act notification.
(Councilman Malcolm out)
MOTION
MSUC {Nader/Moore) that $490 be allocated from the Contingency
Reserve to supplement the Yuletide Parade budget.
b. Peter Watry, 81 Second Avenue, representing CROSSROADS, urged
Council to apply to the Local Agency Formation Commission
(LAFCO) to have the Otay Ranch Property declared to be within
the City's Sphere of Influence. Mr. Watry further reported
that CROSSROADS urges Council to reject the recently presented
Bayfront Development Plan "quickly and decisively" as being
"out of character".
MOTION
MS (McCandliss/Nader) to refer the question to staff referencing
possible submission to LAFCO of the Otay Ranch Property to be
within the City's Sphere of Influence.
Councilman Moore stated his belief that this direction is
unnecessary in view of previous direction to staff to decide
when this application should be brought forward.
VOTE ON THE MOTION
Motion carried. (Councilman Moore voted no)
Margaret Walsh, 247 Grover, 92010, reported receipt of a letter
relative to an issue of changing Davidson Street to a one-way
street. City Manager Goss apologized to Mrs. Walsh and reported
that this will be considered at a future meeting. Mayor Cox
assured Mrs. Walsh that she would hear from staff relative to this
issue.
PULLED ITEMS
9. RESOLUTION 13872 APPROVING THE HOUSING ASSISTANCE PLAN FOR
1988-1991 AND AUTHORIZING THE CITY MANAGER
TO SIGN AND SUBMIT THE NECESSARY DOCUMENTS
TO THE U. S. DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT (Community Development
Director)
The City's annual entitlement to Community Development Block Grant
(CDBG) funding is dependent upon the existence of a Housing
Assistance Plan approved by the U.S. Department of Housing and
HU
Community Development { D). The Plan is a statement which
identifies the lower income housing needs of Chula Vista and which
sets three-year goals for City action addressing those needs.
COUNCILMAN MOORE OFFERED THE RESOLUTION which was read by title,
the reading of the text waived by unanimous consent and approved
unanimously.
MINUTES - ll - November 22, 1988
12. RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR
TRAFFIC SIGNAL MODIFICATION AND P.C.C.
CONCRETE MEDIAN INSTALLATION AT BROADWAY/L
STREET AND INSTALLATION OF RED FLASHERS AT
THIRD AVENUE/D STREET IN THE CITY OF CHULA
VISTA AND APPROPRIATING FUNDS THEREFOR
(Director of Public Works)
Staff recommended Council accept the bids and award the contract
to low bidder, M.C.R. Electrical Contractores, Inc. in the amount
of $58,599 and to appropriate $28,000 from the Traffic Signal
Funds.
In answer to Council's question, Deputy Director Swanson reported
that it is feasible to delete from the bid the Third and "D"
flashers, on a temporary bid, but the low bid of the overall
project was not the low bidder for just the Broadway and "L"
Street project and this would chan9e the bidder. If, later, it
was desired to add the Third and "D" project, the overall project
would be higher than the low bids. He added the regulations
define the possibility to delete items from a bid as long as it
does not amount to more than 10% of the entire bid, and that the
City has the discretion to reject all bids. City Attorney Harron
confirmed that if a project is related it cannot normally be split
unless there is a rational distinction between the two.
MOTION:
MS (Malcolm/Cox)) to continue the item to the Meeting of December
13 and to request the Safety Commission to come forward with a
recommendation prior to that time.
Member Harris confirmed there would be a meeting of the Safety
Commission on December 8th to consider the item.
Mayor Cox offered it would be helpful if staff could provide more
complete information relative to the breakdown of the bid and to
have an alternate resolution in the event Council wishes to split
the project.
Councilwoman McCandliss questioned the statement that the Minutes
state the traffic problems appear worse at this intersection after
installing the all-way stops. If this is being reported to the
Safety Commission, Council should be advised of the fact. Traffic
Engineer Rosenberg advised that the flasher was recommended to
alert the motorist to the stop sign.
VOTE ON THE MOTION
Motion passed unanimously.
16. REPORT REQUEST FOR A TRIAL PERIOD CLOSURE AT
COUNTRY CLUB DRIVE EAST OF FIRST AVENUE
(Director of Public Works)
MINUTES - 12 November 22, 1988
Traffic Engineer Rosenberg reported that on May 5, 1988, Mr. and
Mrs. Savel requested assistance in reducing the number of
accidents in the vicinity of Sierra Street which has resulted in
damage to their property. Staff determined a traffic improvement
at Sierra Way and Country Club Drive might prevent the accidents
from occurin9. After discussion at the August 11, 1988 Safety
Commission Meeting, residents felt the solution did not go far
enough; a petition with 93 signatures requesting a cul-de-sac for
Country Club Drive east of First Avenue was received as well as a
petition with 74 signatures against this proposal. Mr. Rosenberg
pointed out the proposed solutions to Council stating, from a
traffic engineering point of view, it is the goal to circumvent
traffic from local neighborhoods and that the street system
affords motorists opportunities to avoid residential
neighborhoods. Alternatives were also presented to reconfigure
the interersection to prevent cars from turning left into County
Club Drive, a traffic diverter or "pork chop island" which makes
it difficult for traffic to turn left and the preferred
alternative by staff to close the intersection.
Councilmembers discussed the several alternatives with the Traffic
Engineer relative to the problems with closing the cul-de-sac, the
elimination of local traffic through residential neighborhoods,
the inconvenience of the traffic diverter, and the need to test
any alternative for a review of the effects. In answer to
Councilman Malcolm's request for a professional opinion, Traffic
Engineer Rosenberg recommended that the City proceed with the
trial installation at the First Avenue and Country Club
intersection and to monitor the traffic on "K" Street.
Those who spoke in favor of the staff recommendation were: Ruth
French Chapman, 8 Sierra Way, 92011, who stated concern for
safety; Steve Savel, 53 Sierra Way, 92011, who reported the terror
experienced by his family by the accidents in the area and urged a
correct decision; Irene Bushong, 856 Country Club Drive, who spoke
of preservation of the neighborhoods of the City; Gretchen Osa,
838 Country Club Drive, who also spoke for Clyde Bushong, 856
Country Club Drive, and reported on facts from the Federal Highway
Administration on Residential Traffic Management and read several
statistical excerpts relative to accidents; Kenneth Lowe, 25 San
Miguel Drive, 92011, who disputed the several alternatives anc
cited similar trials in other sections of the City and concluded
by urging Council to approve a trial closure of Country Club as
did Troy Jordan, 49 Sierra Way, 92011, who cited personal
experience in the traffic; Joseph Osa, 838 Country Club Drive,
read from statements written by those who could not attend which
endorsed the cul-de-sac of Country Club Drive; and Debra Field, 22
Sierra Way, 92011, who also supported the cul-de-sac.
Those who spoke in opposition to the staff recommendation were:
Will Hyde, 803 Vista Way, 92011, s~o~e for some of the "K" Street
residents and made four points - 1 recognition of the problems
of the Savel family and acknowledgement for control, (2)
endorsement of the Safety Commission's original proposal,
Council was asked to not approve staff's recommendation, and (4)
MINUTES 13 - November 22, 1988
support of the Safety Commission's Oct. 13, 1988 action to
recommend the raised island for a six month trial period; Marina
Garelis, 60 "K" Street, 92011, who suggested a temporary island by
Sierra Way and control of the traffic rather than close the
streets; Chet DeVore, 32 "K" Street, who asked for improved safety
without an impact on others; Bob Thomas, 160 Corte Maria, 92010,
Member of the Safety Commission, urged Council to install the
"pork chop island" and to monitor regularly and, if the trial
period proves to not work, to then close Country Club Drive; and
Ivo Zaninovitch, 89 Country Club Drive, who reported the lack of
traffic signs or other measure to control the speed through the
neighborhood.
Council recessed at 9:52 p.m., and reconvened at 10:00 p.m.
Councilman Moore suggested a shorter evaluation time, Councilwoman
McCandliss stated her concern of allowing left hand turns into
Country Club Drive and the creation of new potential for
accidents, which statement was agreed to by Councilman Nader,
Councilman Malcolm offered another alternative if Country Club is
not closed and pointed to the intersections of "H" Street and "H"
Street suggesting they both be squared off, that "Botts Dots" be
placed on Country Club to delineate the center of the road and to
install stop signs to warn drivers.
MOTION
MS (Malcolm/Moore) to direct staff to put in whatever striping
they deem necessary at any of the intersections; to install stop
signs at the three intersections of Country Club, San Miguel,
Sierra Way and Palomar; to square off the intersection at Country
Club and First Avenue, and to bring back a report within six
months with the intent, if the solution does not resolve the
situation, to accept the staff recommendation to approve the
temporary closure of Country Club Drive east of First Avenue for a
trial period of 90 days.
Traffic Engineer Rosenberg reported the intent to delineate the
islands by means of 2' cones that are epoxied to the pavement,
which is of minimal cost a.nd will not askew the accuracy of the
study.
Councilwoman McCandliss stated that, in her mind, the "pork chop
island" seems to be the best way to control the traffic with
provision of delineation using center line stripes. Traffic
Engineer Rosenberg reported that paint is not a strong deterrent
the original recommendation was to install stop signs at the
intersections and to paint the intersection for the motorist to
recognize the center of roadway, which they cannot do now.
ADDITION TO THE MOTION
(Malcolm) to include in the motion the squaring off of "K" Street
as it comes to First Avenue to result in the squaring off of both
intersections, the striping, and the stop signs.
MINUTES 14 - November 22, 1988
SUBSTITUTE MOTION
M (Nader) to adopt the recommendation of the Safety Commission
except that staff include an extension of the "pork chop island"
toward the south to provide a right hand lane and prohibit a left
hand turn from First Avenue on to Country Club and to authorize
staff to take any other measures they feel would enhance the
safety of the area. (Motion failed for lack of a second)
VOTE ON THE MOTION AND ADDITION TO THE MOTION
Motion passed unanimously.
Mayor Cox reminded staff to take good traffic survey counts of "K"
Street, San Miguel, Sierra Way, Palomar Drive, Country Club Drive,
and other locations to better evaluate the situation. It was
confirmed by Councilman Malcolm that he did not specifically
recommend Botts Dots because staff indicated the striping was
necessary.
MOTION
MSUC (Nader/Moore) to direct staff to report back to Council on
what criteria is being used in cases of reckless driving involving
property damage, etc., when the case is decided in court and when
reported to the District Attorney and when it is not.
Mayor Cox suggested legislation be encouraged to look at drunk
drivers in the same manner as those who possess illegal substances
suggesting asset seizures should be encouraged. Councilman
Malcolm and Councilman Nader a committee authorized by Council
to come up with stricter drug enforcement reported they will
seek legislation on this same issue this year.
17. REPORT UPGRADE OF THE INTERIOR MAINTENANCE OF
LAUDERBACH COMMUNITY CENTER (Director of
Parks & Recreation)
The Department of Parks and Recreation believes that two factors
have contributed to the custodial problems at the Center: the
first has to do with a three day a week maintenance schedule and
the second with increased community usage and programming. Staff
has modified the contract to reflect a more comprehensive set of
specifications for the custodial service; a request for proposal
is scheduled to be distributed to potential bidders in late
November. Other improvements are being implemented or have been
completed in the Center's interior to enhance its overall
appearance and the combination of existing improvements and the
comprehensive maintenance contract will result in general
community satisfaction with the maintenance of the Lauderbach
Community Center.
Mayor Cox commended staff on the work that has been accomplished
and Director of Department & Parks and Recreation Mollinedo
confirmed that ceiling tiles for the game room are on order;
painting of the exterior of the building will be a separate
project; and the area is maintained and cleaned by contract staff
but department staff periodically police the rest rooms.
MINUTES - 15 November 22, 1988
MOTION
MSUC (Cox/McCandliss) to accept the report.
22. REPORT OF THE CITY MANAGER
a. Scheduling Council meetings
Joint Meeting of Council and the Board of Ethics has been
scheduled for December 8 at 7:00 p.m. in the Council Chamber.
b. Announcement The Telegraph Canyon Flood Control Project, in
terms of construction of the Fifth Avenue Bridge, is nearing
completion; it is now proposed to start construction of the
Fourth Avenue culvert. The Corps of Engineers has been asked
to advise the Rice Elementary School of the pending work.
c. Mayor Cox handed the City Manager an invitation to the
CALTRANS Public Advisory Committee Meeting for the proposed
State Route 125 on December 8 at 10:00 a.m. City Manager
Goss was requested to schedule this for the Council Conference
on Tuesday, November 29th, for action to designate the
representative.
23. MAYOR'S REPORT
a. Renaming of Orange Avenue eastward of 1-805
MOTION
MSUC (Cox/Moore) to refer to staff the suggestion to consider
renaming Orange Avenue eastward of 1-805 to something in keeping
with the Olympic Training Facility, such as Olympic Village Drive,
and to work with the property owner, Baldwin Company, and the
Olympic Committee and the San Diego National Sports Foundation.
At 11:02 p.m., Councilman Malcolm left the dais,
c. Utilization of Otay Mesa Prison labor Meeting was held with
City Manager Goss, Director of Public Safety and Irene
Raimundo, Community Resource Specialist for the Otay Mesa
Prison, to explore different programs to take advantage of
available prison labor in areas such as cleaning out of
drainage channels; an in-house facility at the prison to rehab
abandoned automobiles, which money would go into the crime
victim's fund, or a program to utilize prison labor for
cleanup of the Bayfront. To accomplish this, the City would
have to provide a bus for transportation.
MINUTES - 16 November 22, 1988
MSC (Cox/Nader) to work with the Otay Mesa Prison to review what
can be done to utilize the available labor program for the benefit
of Chula Vista and the Wild Life Interpretive Center. (Councilman
Malcolm out)
In answer to Councilman Malcolm's question, the prisoners that
would be involved are in the last phases of their
incarceration or more than one year.
d. Removal of campaign signs - discussion centered on the
availability of more stringent action for this removal or the
ability to levy fines.
MOTION
MS (Cox/Nader) to refer the item to staff to investigate what else
can be done to effect the timely removal of campaign signs.
ADDITION TO THE MOTION
(Nader/Cox) to include what steps should be taken either to
improve pre-election enforcement of the ordinance or to amend or
appeal the ordinance if not enforceable.
Answering Councilmembers' questions, City Attorney Harron
reported that posting of a $500 deposit to assure the campaign
signs are removed would not be allowed since some candidates
have almost no money in their campaigns and should not be
restricted from the process.
VOTE ON THE MOTION AND ADDITION
Motion passed. (Councilman Malcolm out)
e. RESOLUTION 13873 SUPPORTING FUNDING FOR SECOND HARBOR
ENTRANCE
Mayor Cox reported the resolution states that Chula Vista
encourages support from the Port District for environmental
studies that have to be accomplished, stating that,
irrespective of what happens with the Second Harbor Entrance,
the studies will be valuable.
MAYOR COX OFFERED THE RESOLUTION, which was read by title, the
reading of the text was waived by unanimous consent.
Councilman Nader reported he would support the Resolution
based on the fact that environmental studies are useful
regardless of the outcome of the particular project but he
requested the record to show, if the Port concludes the Study
is not useful to them, he would not have a problem deciding
not to fund the Study. Councilman Nader voiced his concern
that a more optimistic picture was possibly painted, noting
the opposition to the Project as voted by the Coronado Council.
VOTE
Resolution passed. (Councilman Malcolm out)
MINUTES 17 November 22, 1988
f. Classes Scheduled for the Nature Interpretive Center Bird
photography, nest building, fish printing, nature drawing, and
wild life drawing are just some of the programs being made
available to the public, and referred the schedule to be
included in the Parks and Recreation Class Schedule
publication.
g. Ann Hedenkamp, Chula Vista Welfare Council, telephoned that
the Welfare Council will be assisting 91 families this
Thanksgiving. If there are people who would like to help
either now or at Christmas, they welcome the help.
h. Rieta and George Armon, residents of Chula Vista, competed and
won the competition in the "Gong Show" with their ballroom
dancing.
24. COUNCIL COMMENTS
COUNCILMAN MOORE:
a. SANDAG Membership is forming a sub-committee to do an Airport
study. It was acted upon that Del Mar would be the regular
representative from the North County with Poway the alternate;
Chula Vista would be the regular voting member, with Imperial
Beach as the Alternate in the South County. It was requested
this be scheduled for action under Council Comments at the
next regularly scheduled meeting.
b. Proposition C, the advisory measure on the County Regional
Growth Task Force is moving forward and names are requested to
represent this City. Councilman Moore reported his
reservations to request the legislators to authorize another
entity that has more than an advisory capacity over Chula
Vista but can visualize controls by a regional directorship
over water, air, landfills, waste energy plants and sewer
plants.
MOTION
MSC (Moore/Nader) to appoint Mayor Cox as the County Regional
Growth Task Force Member. (Councilman Malcolm out)
COUNCILMAN NADER:
c. A possibility exists that he may be late for the Regular
Comments. If he does not appear to speak to them, the
request was made to put the items on the Agenda for December
13.
d. SDG&E Power Plant Health impact on Chula Vista residents
regarding the burning of oil. It would be useful to determine
if there is a hazard posed to the citizens by switching to oil
burning.
MINUTES 18 - November 22, 1988
MOTION
MSC (Nader/Moore) to contact area hospitals and medical
associations to determine if there is any data on the emissions
and pulmonary illness in the community; the data to be looked at
to see if there is a correlation between increases in such illness
a,d the 8[j2 in which oil has been burned at the South Bay Power
Plant. il Malcolm out)
MOTION
MSC (Nader/Moore) to also direct the Resource Conservation
Commission to review this issue and, if appropriate, to bring back
a recommendation to Council. (Council Malcolm out)
COUNCILWOMAN McCANDLISS
e. Reference was made to the Board/Committees/Commissions tapes,
which are destroyed after the minutes are prepared. A request
t rough t e o
was made to keep the tapes intact h h fficial
approval of the Minutes.
MOTION
MSC (McCandliss/Cox) to refer to staff a change in the policy to
keep the tapes used in preparation of the minutes until the they
have been officially approved by the Commission.
f. Montgomery County, Maryland, has incorporated into plan
approvals, a requirement for industrial areas to develop a
transportation plan: designation of a Transit Coordinator,
employees' involvement, shuttles required by employers, etc.
MOTION
MSC (McCandliss/Nader) referred this item to staff for review to
determine if there are any applications to the City of Chula Vista.
ADJOURNMENT AT 11:38 p.m. to the Adjourned Meeting (Council
Workshop) on Tuesday, November 29 at 4:00 p.m. in the Council
Conference Room, and to the Regular Meeting of Tuesday, December
1988 at 4 p.m.