HomeMy WebLinkAboutcc min 1988/12/13 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF CHULA VISTA
Tuesday, December 13, 1988 Council Chamber
7:02 p.m. Public Services Building
ROLL CALL
PRESENT: Mayor Cox (arrived at 9:31 p.m.) and Councilmembers
McCandliss, Nader and Moore
ABSENT: Councilman Malcolm
ALSO PRESENT: City Manager Goss, Assistant City Manager Asmus,
City Manager Harron
Mayor pro tempore Nader took the Chair pending the arrival of
Mayor Cox.
PLEDGE OF ALLEGIANCE TO THE FLAG, SILENT PRAYER
1. APPROVAL OF MINUTES
MOTION
MSC (Moore/McCandliss) to approve the Minutes for the meeting of
December 6, 1988. (Mayor Cox and Councilman Malcolm)
2. SPECIAL ORDERS OF THE DAY
MOTION
MSC (Nader/Moore) to add the following item to the Agenda for
potential action on an item which surfaced after the Agenda was
completed and publicized. (Mayor Cox and Councilman Malcolm)
Mayor pro tempore Nader commented on an article which appeared
in the Sunday, December 11, issue of the Chula Vista Star News
which revealed the need of $150,000 for an operation to treat
a former Chula Vista resident, Vanessa Grant, afflicted with a
rare type of leukemia. Contributions are being solicited by
the Leukemia Foundation, 6660 San Miguel Road, Bonita, 92002
(Telephone: 470-3085). Recycled materials are also being
collected by the family at the Grant home, 528 Casselman
Street, who are trading the material in for cash.
Mayor pro tempore Nader suggested all Councilmembers approach
those in the community who have the means to contribute
substantially to encourage their donation to the Foundation,
stating he has already approached several people who have
responded. Mayor pro tempore Nader also offered that if each
citizen would contribute just $1.50, the goal would be reached.
A second item, not on the Agenda, concerned a proposed Resolution
regarding the San Diego Port District.
MINUTES 2 - December 13, 1988
The proposed resolution was read by Mayor pro tempore Nader
resolving that the Port Commission and the Maritime Commerce
make the San Diego Port more active in the commerce trade and
to contact shippers urging them to work more vigorously with
the Far East.
George B. Gillow, 250 Camino del Serra Grande, Bonita 92002,
spoke on behalf of the Propeller Club and others in the South
Bay who are employed in the Maritime business and by
International Longshoremen Union. Mr. Gillow emphasized that
the Port of Los Angeles is overburdened. Port Hueneme which
aggressively and successfully acted to encourage use of their
port are also now over-burdened. He added that Chula Vista
Port Commissioner Penner has taken a strong leadership on this
issue. Mr. Gillow urged Council to pass the resolution and to
make this a high priority item.
Mayor pro tempore Nader directed the City Clerk to add the
Resolution to the Agenda for December 20, 1988.
a. PRESENTATION OF Southern California Municipal Athletic
Federation (SCMAF) AWARD TO PARKS & RECREATION
Director of Parks & Recreation Mollinedo presented the Award
to Council which was received at a banquet given by the
Federation in support of recreational programs in the City.
The award is given only once in seven years if requirements
are met and is one of the major awards in the State. Mayor
Cox and Councilman Moore represented the City at the Banquet.
CONSENT CALENDAR (Items 3a - 16)
Pulled Items: 3b and c, 4, 5, 8, 9, lOa and b, and 12. Item 7
and pulled item 8 were trailed, pending the arrival of Mayor Cox
because they are appropriation items which require a 4/5 vote.
Pulled item 12 is also an appropriation item which requires a 4/5
vote.
3. WRITTEN COMMUNICATIONS
a. REQUEST FOR INPUT ON VARIOUS BILLS BEING INTRODUCED FOR
LEGISLATION IN 1989 Congressman Jim Bates, Congress of the
United States, House of Representatives, Washington D. C.
20514
Council directed to advise Congressman Bates of the City's
conceptual support of his previously introduced San Diego Sewer
Treatment Improvement Act Bill and, when his legislation is
reintroduced, it will be referred to the City's Legislative
Committee for subsequent report and recommendation to the City
Council. Council further directed Congressman Bates be advised
that any other legislation he intends to introduce will be
referred to the Committee with a request to set priority with the
four or five pieces of legislation referenced in his letter.
MINUTES 3 - December 13, 1988
b. REQUEST FOR CONTRIBUTION TO "ON TRACK", A YOUNG ADULT DANCE
CLUB - Susan Golding, Chair, ADAPT, 1600 Pacific Hi9hway #335,
San Diego 92101
Pulled from the Consent Agenda.
c. REQUEST TO MODIFY TRAFFIC IMPROVEMENTS ON COUNTRY CLUB DRIVE,
EAST OF FIRST AVENUE - Clyde Bushon9, 856 Country Club Drive,
Chula Vista 92011
Pulled from the Consent Agenda.
4. REPORT FOLLOW UP REPORT REGARDING THE SPEED OF
TRAFFIC ON RUTGERS AVENUE IContinued from
meeting of November 22, 1988) IDirector of
Public Works)
Pulled from the Consent A9enda.
5. RESOLUTION ACCEPTING CONTRACT WORK FOR REPLACEMENT OF
EXISTING SIDEWALKS AND DRIVEWAYS AND
REMOVAL OF STREET ALONG THE 1100 BLOCK OF
HILLTOP DRIVE IN THE CITY OF CHULA VISTA
AND ASSESSING LIQUIDATED DAMAGES
(Continued from meeting of December 6,
1988) (Director of Public Works)
Pulled from the Consent Agenda.
6. RESOLUTION 13889 AUTHORIZING THE AGREEMENT WITH GIRARD
FINANCIAL FOR POSTING FUNDS IN LIEU OF
RIGHT OF WAY DEDICATION FOR OTAY VALLEY
ROAD ICommunity Development Director)
The Redevelopment Agency adopted an alignment for Otay Valley Road
between the Animal Shelter and Nirvana subject to further
environmental review. Girard Financial is required to satisfy
Condition B.8 of the Tentative Parcel Map to dedicate additional
right of way to the City " .... if the ultimate centerline of Otay
Valley Road needs to be shifted in the northerly direction as a
result of the study".
7. RESOLUTION APPROVING IMPLEMENTATION OF A FITNESS
EVALUATION PROGRAM FOR PUBLIC SAFETY
(POLICE & FIRE) AND AMENDING THE FY
1988-89 BUDGET BY APPROPRIATING $42,560
IDirector of Public Safety)
This item requires a 4/5 vote because it is an appropriation of
funds and was trailed pending the arrival of Mayor Cox.
8. RESOLUTION AMENDING THE FISCAL YEAR 1989 POLICE
DEPARTMENT BUDGET AND APPROPRIATING
$132,236 FOR ONE CRIME ANALYST AND ONE
CLERK TYPIST AND RELATED EQUIPMENT WHICH
WILL BE REIMBURSED BY THE C-CAP GRANT
(Director of Public Safety)
MINUTES 4 December 13, 1988
Pulled from the Consent Agenda and also trailed pending the
arrival of Mayor Cox because it is an appropriation of funds and
requires a 4/5 vote.
9. RESOLUTION 13890 ACCEPTING GRANT OF EASEMENT FROM
SOUTHWESTERN COMMUNITY COLLEGE DISTRICT
FOR TRAFFIC CONTROL ON COLLEGE DRIVEWAY AT
EAST H STREET IDirector of Public Works)
The striping of the driveway at Southwestern College is being
realigned with the intersection of Bonita Point Shopping Center at
East "H" Street, which intersection is being signalized. In order
to place and maintain traffic control standards and loop detectors
within private properties, the City requires easements be granted
by the property owner.
lOa. RESOLUTION AUTHORIZING THE BONITA LONG CANYON
PARTNERSHIP TO CONSTRUCT A PORTION OF
BONITA ROAD AT CENTRAL AVENUE AND RECEIVE
CASH OR CREDIT REIMBURSEMENT AGAINST
DEVELOPMENT IMPACT FEES (Director of
Public Works)
b. RESOLUTION AUTHORIZING THE BONITA LONG CANYON
PARTNERSHIP TO CONSTRUCT A PORTION OF
CENTRAL AVENUE FROM APPROXIMATELY 1700
FEET EAST OF BONITA ROAD TO CORRAL CANYON
ROAD AND RECEIVE CASH OR CREDIT
REIMBURSEMENT AGAINST DEVELOPMENT IMPACT
FEES
Pulled from the Consent Agenda.
ll. RESOLUTION 13891 APPROVING AND ACCEPTING PUBLIC
IMPROVEMENTS IN THAT CERTAIN SUBDIVISION
KNOWN AND DESIGNATED AS CORONA VISTA
SUBDIVISION (Director of Public Works)
Corona Vista Partners, Ltd., completed the requirements for public
improvements for the Corona Vista subdivision located north of
Otay Lakes road at the southerly terminus of Camino Elevado. On
November 9, 1988, all work was found to be completed in accordance
with the approved plans and to the satisfaction of the Acting City
Engineer.
12. RESOLUTION APPROPRIATING FUNDS FOR THE INSTALLATION
OF NEW ADJUSTABLE DOOR CLOSERS TO ASSIST
HANDICAPPED ENTRY TO CITY BUILDINGS
(Director of Public Works)
Pulled from the Consent Agenda.
MINUTES 5 - December 13, 1988
13. RESOLUTION 13892 ACCEPTING PUBLIC IMPROVEMENTS FOR PAVING,
SECURITY LIGHTING AND OTHER MISCELLANEOUS
IMPROVEMENTS AT REINSTRA SPORTS COMPLEX
AND LAUDERBACH COMMUNITY CENTER IN THE
CITY OF CHULA VISTA IDirector of Public
Works)
Odell Construction Co. completed the project on November 3, 1988.
A final inspection was made on November 4, 1988 and all work was
found to be completed in accordance with the contract plans and
specifications to the satisfaction of the City Engineer. Council
accepted the contract and approved the transfer $8,238.35 of Park
Acquisition and Development funds from the account for Parking and
Security Lights, Lauderbach Center, to the account for Renovate
Rienstra Sports Complex II; and the transfer pf $4,232.55 from the
unencumbered balance of the budgeted Community Development Block
Grant project for Chula Vista Junior High School Drainage to
Parking and Security Lights, Lauderbach Center.
14. RESOLUTION 13893 APPROVING COMPROMISE AGREEMENT AND MUTUAL
RELEASE PERTAINING TO THE METROPOLITAN
SEWERAGE SYSTEM (Director of Public Works)
The participating agencies of the Metropolitan Sewerage System,
operated by the City of San Diego, has maintained they have been
overcharged for maintenance and operating costs. The installation
of more accurate and reliable flow meters in 1986 has now yielded
sufficient measurement data to support their position and an
adjustment has been proposed by the City of San Diego. San
Diego's calculations and proposed agreement are considered to be
fair and proper. The City will receive a refund payment in the
amount of $897,160.
15. REPORT 1988 CHRISTMAS TREE LIGHTING CEREMONY
(Director of Parks & Recreation)
RESOLUTION 13894 APPROVING AGREEMENT BETWEEN THE CITY OF
CHULA VISTA AND UNION ICE COMPANY TO
PROVIDE SNOW AND HOLDING UNION ICE COMPANY
HARMLESS
The event will be staged at 7:00 p.m. on Thursday, December 15,
1988; the anticipated cost of the tree lighting ceremony will be
approximately $4,375. $3,000 has been allocated in the
non-departmental budget to cover anticipated service and material
costs and $2,500 has been allocated in the insurance budget to
cover the expense of required additional insurance.
16. REPORT REQUEST FOR AN ALL-WAY STOP AT JUDSON WAY
AND EAST PROSPECT STREET (Director of
Public Works)
MINUTES 6 - December 13, 1988
Council approved staff's recommendation to deny the request for an
all-way stop and to approve the installation of a two-way stop for
Judson way. Judson Way and East Prospect Street are residential
streets with a curb-to-curb width of 36 feet. A review of
accident records for the period of January 1984 to September 1988
show only one reported accident at this intersection. Since
Judson Way carries the minor volume, has a 10% downgrade and the
critical approach speed is less than 25 mph, it is staff's
recommendation that stop signs be installed for north and
southbound Judson Way only.
END OF CONSENT CALENDAR
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
17. PUBLIC HEARING PCS-89-2 AND P-89-1: CONSIDERATION OF
TENTATIVE SUBDIVISON MAP AND PRECISE PLAN
FOR RANCHO DEL REY UNIT llb, CHULA VISTA
TRACT 89-2 RANCHO DEL REY PARTNERSHIP
(Continued from meeting of December 6,
1988) (Director of Planning)
a. RESOLUTION 13895 APPROVING THE TENTATIVE MAP FOR RANCHO DEL
REY UNIT llb, CHULA VISTA TRACT 89-2
b. RESOLUTION 13896 APPROVING THE PRECISE PLAN FOR RANCHO DEL
REY UNIT llb, CHULA VISTA TRACT 89-2
This being the time and placed as advertised, the public hearing
was declared open.
Director of Planning Krempl reported the request to subdivide
approximately 14 acres within the Rancho del Rey SPA 1 into 77
single family lots. Council has approved a majority of the
subdivision program and this is one of two single family units
that was withheld pending the development of precise plans. It is
recommended Council concur with the recommendation of the Planning
Commisstion to approve the applications.
Councilman Nader's questioned conformance with the City's policy
to use drought resistant plants throughout the subdivision was
addressed; it was confirmed the Landscape Plan Review states every
subdivision must comply with the conditions within the Policy.
Craig Fukuyama, 2727 Hoover Avenue, National City, 92050
representing Rancho del Rey partnership, responsed to Councilwoman
McCandliss' question relative to the homeowner improvement guide
and enforcement of regulations imposed by the Homeowners
Association and stated that the regulations are part of the
Conditions Covenants and Regulations (CC&R) for which every
homeowner must sign in agreement. The CC&R's are also placed at
the Planning Department counter for a review of any proposed
alternate plans. He stated that Rancho del Rey considers the
CC&R's to be a benefit and are included in all of the properties
of Rancho del Rey. Mr. Fukuyama stated they concur with all the
conditions required by the City and urge Council's approval.
MINUTES 7 - December 13, 1988
Jack Nakawatase, 1541 Fourth Avenue, San Diego, ONA Landscaping
and the architect for the project, stated Rancho del Rey was
developed as a well-balanced community with lawns around the homes
and with native plants and drought tolerant materials (some of
which have been imported from Australia). Mr. Nakawatase stated
his firm has worked closely with the City's Landscape Architect
and, with the approval of Craig Fukuyama, affirmed no hesitancy if
the tentative map was conditioned to conform with the City's
Landscaping Policy.
There being no others to speak for or against this item, the
public hearing was closed.
RESOLUTIONS a and b WERE OFFERED BY COUNCILWOMAN McCANDLISS and
read by titles, the reading of the texts waived by unanimous
consent.
City Manager Goss questioned the design of the double cul-de-sac
in the illustration and its effect on driving in the area. Staff
confirmed there is a similar subdivision located between Third and
Fourth Avenue on Palomar which will be investigated.
MOTION
~SC (Nader/McCandliss) to amend the Resolution a to add two
conditions that (1) the Planning Director approve the street
layout from a traffic safety point of view, and (2) to explicity
state that the Developer be encouraged to use drought resistant
plants whenever possible and to comply with the City's Landscape
Policy on drought resistant materials. (Mayor Cox out, Councilman
Malcolm absent.)
VOTE ON THE RESOLUTIONS
Motion passed. (Mayor Cox out, Councilman Malcolm absent.)
18. ORAL COMMUNICATIONS
R. Vega, 1108 Hilltop Drive, reported his home is located on a bus
stop which is littered with trash and requested that the City
provide trash barrels.
City Manager Goss commented on a previous Council referral to
evaluate the advisability of trash cans near Transit System
stops. Councilmembers discussed the responsibility of homeowners
for abating the trash on their property, the City for abatement of
the streets and the business owners, especially the fast food
shops, to provide trash cans. The City does not have a
litter-control program except when it becomes a health and safety
hazard. Councilman Nader stated it is not fair for a property
owner to be responsible for trash generated at a City bus stop.
MOTION
MSC (McCandliss/Nader) to refer to staff as a budget item the
review of litter-control. (Mayor Cox out, Councilman Malcolm
absent.)
MINUTES 8 December 13, 1988
PULLED ITEMS
b. REQUEST FOR CONTRIBUTION TO "ON TRACK", A YOUNG ADULT DANCE
CLUB Susan Golding, Chair, ADAPT, 1600 Pacific Highway #335,
San Diego 92101
Staff recommended that Supervisor Golding's letter requesting the
City to contribute financially to "On Track" has merit and the
idea of providing drug and alcohol free recreational facilities
for the youth is an excellent idea. Additional information is
needed to consider for possible funding through the Community
Development Block Grant process for FY 1989-90. Councilwoman
McCandliss referred to the news account on the facility in Del Mar
and reported she would like to see this effort brought to the
South Bay area.
MOTION
MSC (McCandliss/Nader) to accept the staff recommendation and, in
addition, to docket this for the Agenda of the Joint Meeting with
the School Board Meetings for an attempt to coordinate that same
kind of program locally; and to invite a representative of
Supervisor Golding's staff to that meeting. (Mayor Cox out,
Councilman Malcolm absent.)
c. REQUEST TO MODIFY TRAFFIC IMPROVEMENTS ON COUNTRY CLUB DRIVE,
EAST OF FIRST AVENUE - Clyde Bushong, 856 Country Club Drive,
Chula Vista 92011
Councilwoman McCandliss reported the discussion at the area site
did not change the direction given to staff and that she would
prefer a recommendation that staff report back in January.
Pursuant to Councilmembers' discussion and questions relative to
previous Council action and in view of comments received at the
field trip, a clarification of direction should be given to
staff.
MOTION
M (Nader/McCandliss) to refer this item back to staff for a report
at the January lOth Meeting and that the Council's prior action be
held in abeyance pending the outcome of this meeting, and that
f h January lOth meeting to recognize that
everyone be notified o t e
the issue may be reopened.
Councilman Moore referred to previous Council action and the
stated opposition by staff, Council and residents, and that it
would be his preference to modify the traffic to fit the
residential area, rather than to modify the residential area to
fit the traffic.
Mayor pro tempore Nader withdrew his motion for a substitute
motion.
MINUTES - 9 - December 13, 1988
SUBSTITUTE MOTION
M (Nader) to refer to staff to bring back a report and
recommendation at the January 10 Council Meeting and that Council
direction is held in abeyance; to do a demonstration of the
squared off corners of Country Club and to 9ive staff the
discretion to proceed within its professional judgement as to the
striping and stop signs and other traffic control measures it may
have contemplated for that residential neighborhood. {Motion died
for lack of a second.)
RESTATED MOTION
MSC {Nader/McCandliss) to refer this item back to staff for a
report at the January lOth Meeting and that Council's prior action
be held in abeyance pending the outcome of the January lOth
Meeting, and that everyone concerned be notified that the issue
may be reopened.
4. REPORT FOLLOW UP REPORT REGARDING THE SPEED OF
TRAFFIC ON RUTGERS AVENUE (Continued from
meeting of November 22, 1988) IDirector of
Public Works)
At the November 1 meeting, discussion centered on Vehicle Code
Section 22358 which authorizes a local authority to reduce the
speed on a street under its jurisdiction to as low as 25 mph if an
engineering traffic survey finds such a speed would facilitate the
orderly movement of traffic and is reasonable and safe. Staff
recommended Council keep the speed limit on Rutgers Avenue at 30
mph; to have concentrated enforcement in the area, and further
recommended a speed study be conducted and that staff bring this
item back to Council in three months.
Ron Treat, 877 Rutgers Ave., 9201313, spoke in opposition to the
staff recommendation and recalled previous actions of Council on
this item. Mr. Treat reported his conversation with a Police
Officer regarding the stop signs which had not been changed and
the lack of notification by staff to the residents when the item
was discussed.
Traffic Engineer Rosenberg clarified the recommendation of staff
to request support of staff's recommendation and not lower the
speed limit from 30 mph to 25 mph, which request is substantiated
by the result of a speed survey. The intent is understood that
staff would do the striping change, evaluate the effect of the
striping and come back to Council to determine whether or not a
follow up survey would justify a further lowering of the speed
limit and additional enforcement of the speed limit could be
included in the suggested recommendation.
Sally Grant, 912 Rutgers Avenue, 92013, reported her displeasure
with the bureaucracy of departments within the City of Chula Vista
which "misinforms the Council and the citizens." Mrs. Grant
restated the history of the speed limit in the area and
recommendations substantiated by statistical informlation conducted
MINUTES 10 - December 13, 1988
by those departments. Council was requested to direct the
Director of Public Safety to enforce the 25 mph speed limit,
agreed to by Council at the Meeting of October 25th and to
dispense with any further "ineffective" direction..
Councilmembers questioned staff on several points: Director of
Public Works Lippitt explained that the street design presents a
problem in that the driveways exit onto the street, a design which
is not encouraged today; Traffic Engineer Rosenberg confirmed the
normal speed for a collector street as from 30 to 35 mph and gave
examples of certain collector streets in the City; City Attorney
Harron agreed with Mayor pro tempore Nader that the fines allowed
by law for speeding are adequate but not always imposed by
prosecutors or judges
NOTION
MS IMcCandliss/Moore) to keep the speed limit at 30 mph,
concentrate enforcement in the area and have a complete study come
back to Council in three months to properly evaluate whether or
not the enforcement is going to work.
The record will show that Councilman Moore objected to recognition
by the Chair of a citizen because there was a motion on the floor;
Councilwoman McCandliss withdrew her motion; the Chair recognized
the citizen.
Harold Grant, 912 Rutgers Avenue, 92013, addressed the fact that
there are too many driveways on Rutgers Avenue and noted the
several accidents resulting from that fact, some of which were not
reported. Mr. Grant also reported that the "school crossing
legend was wiped off the roadway" when the striping was
accomplished.
RESTATED MOTION
MS /McCandliss/Moore) to keep the speed limit at 30 mph,
concentrate enforcement in the area and have a complete study come
back to Council in three months to properly evaluate whether or
not the enforcement is going to work.
Mayor pro tempore Nader clarified the requested study should
include such data as will be needed to justify the enforceability
of a lower speed limit and his support is given in light of advice
by the City Attorney relative to State law, the alternative for
which would be strict enforcement over 30 mph.
VOTE ON THE MOTION
Motion carried. IMayor Cox out; Councilman Malcolm absent)
Councilman Moore commented on actions to implement which might
deter speeding and suggested staff collect data relative those
injured, maimed, killed, etc., as well as the possibility of
raising fines, which might work on peoples' conscience.
MOTION
MINUTES ll December 13, 1988
MS (Moore/Nader) to direct staff to collect substantiating
evidence revealing how dangerous and costly speeding has become
during the past three or five year span to be sent with a cover
letter by the Mayor to the citizens, and to include the pros and
cons of the mailing to the citizens and the cost involved.
City Attorney Harron confirmed that legislation would prevent such
a letter being sent over the Mayor's signature but would be
permitted over the City Manager's.
RESTATED MOTION
MSC (Moore/Nader) to direct staff to collect substantiating
evidence revealing how dangerous and costly speeding has become
during the past three or five year span to be sent to the citizens
with a cover letter by the City Manager, and to include the pros
and cons of the mailing to the citizens and the cost involved.
(Mayor Cox out; Councilman Malcolm absent)
Traffic Engineer Rosenberg explained that before the all-way stop
was put on Rutgers, there was a "school crossing" legend at that
location but when the stop signs were put in there was no need for
the legend.
MOTION
MSC (McCandliss/Nader) to refer back to staff the issue, whether
or not the "School Crossing" legend should be added, that a report
come back to Council with an explanation. (Mayor Cox out;
Councilman Malcolm absent)
At 8:57 p.m., Council recessed and reconvened at 9:07 p.m.
5. RESOLUTION ACCEPTING CONTRACT WORK FOR REPLACEMENT OF
EXISTING SIDEWALKS AND DRIVEWAYS AND
REMOVAL OF STREET ALONG THE 1100 BLOCK OF
HILLTOP DRIVE IN THE CITY OF CHULA VISTA
AND ASSESSING LIQUIDATED DAMAGES
(Continued from meeting of December 6,
1988) (Director of Public Works)
This item was placed on the Council Tour held on Saturday,
December 10, and continued from the Council Meeting of December
6. Due to a conflict between the contractor and his
subcontractor, the removal of the roots within the parkways was
not accomplished as specified in the contract. Silver Strand
Contractors personnel completed the root removal portion of the
Contract. A final inspection was made on October 28, 1988 and all
work was found to be completed in substantial compliance with the
contract plans and specifications and to the satisfaction of the
City Engineer.
Councilwoman McCandliss reported she finds the contract work to be
unacceptable.
MINUTES - 12 December 13, 1988
MOTION
MS (McCandliss/Nader) to not accept the contract work and to
direct staff to take whatever steps are necessary to secure
appropriate work from the contractor, to secure funds so the work
can be completed or to more appropriately complete the work.
Assistant City Manager Asmus reported his meeting with the
contractor who believes some "demonstration patching" would be
acceptable. It was requested that Council hold the item over to a
future meeting to give staff time to work with the contractor and
have some demonstration patches made for inspection to determine
whether or not the contractor has the solution,
Assistant City Manager Asmus further reported the subject of $3800
in liquidated damages being held by the City. The contractor now
has $5100 due him and it was recommended, if the contractor finds
a solution, the $3800 in liquidated damages be waived and used to
solve the problem, City Manager Asmus requested Council's
decision if he could proceed on this premise. Mayor pro tempore
Nader suggested this question is compatible with the motion on the
floor. Councilman Moore emphasized that poor workmanship must be
corrected and expressed doubts that patching will solve the
problem; the work might have to be torn out and repoured but staff
will have the flexibility,
7. RESOLUTION 13897 APPROVING IMPLEMENTATION OF A FITNESS
EVALUATION PROGRAM FOR PUBLIC SAFETY
(POLICE & FIRE) AND AMENDING THE FY
1988-89 BUDGET BY APPROPRIATING $42,560
{Director of Public Safety)
This item was trailed from the Consent Calendar and heard at 9:39
p.m. upon Mayor Cox' arrival.
Police and Fire Department Committees concurred that they contract
with Fitness Appraisals to complete the fitness assessment as
stated in the existing MOU's which will include health assessment,
performance assessment and follow up evaluations.
COUNCILMAN NADER OFFERED THE RESOLUTION which was read by title,
the reading of the text waived by unanimous consent and approved
unanimously. (Councilman Malcolm absent.)
8. RESOLUTION 13898 AMENDING THE FISCAL YEAR 1989 POLICE
DEPARTMENT BUDGET AND APPROPRIATING
$132,236 FOR ONE CRIME ANALYST AND ONE
CLERK TYPIST AND RELATED EQUIPMENT WHICH
WILL BE REIMBURSED BY THE C-CAP GRANT
(Director of Public Safety)
On June 14 Council approved the submittal of a Career Criminal
Apprehension Program Grant which has been awarded to this City.
Staff now recommends the Police Department budget be amended to
reflect that grant funds be received to reimburse the General Fund
in order that there be no net cost to the City.
MINUTES - 13 December 13, 1988
COUNCILWOMAN McCANDLISS OFFERED THE RESOLUTION which was read by
title, the reading of the text waived by unanimous consent.
(Councilman Malcolm absent.)
MOTION
MSC (McCandliss/Cox) to direct staff to come back with a report at
budget time regarding how the City uses the Crime Analyst to plan
on a short term basis, who makes the decision, how the information
is used short term, and how long term plans and goals are made for
the Police Department. (Councilman Malcolm out)
lOa. RESOLUTION AUTHORIZING THE BONITA LONG CANYON
PARTNERSHIP TO CONSTRUCT A PORTION OF
BONITA ROAD AT CENTRAL AVENUE AND RECEIVE
CASH OR CREDIT REIMBURSEMENT AGAINST
DEVELOPMENT IMPACT FEES (Director of
Public Works)
b. RESOLUTION AUTHORIZING THE BONITA LONG CANYON
PARTNERSHIP TO CONSTRUCT A PORTION OF
CENTRAL AVENUE FROM APPROXIMATELY 1700
FEET EAST OF BONITA ROAD TO CORRAL CANYON
ROAD AND RECEIVE CASH OR CREDIT
REIMBURSEMENT AGAINST DEVELOPMENT IMPACT
FEES
Ordinance 2251 established a Development Impact Fee to pay for
transportation facilities in the eastern territories of the City
and further provided that a developer may request authorization
from the City to construct one or more of the facilities listed in
the ordinance. Bonita Road and Central Avenue are two of the
projects listed in the Ordinance even though they are outside the
boundaries of Chula Vista.
Councilwoman McCandliss stated her concern relating to the
improvements which are located in the County and applied as a
credit on impact fees to be collected within the limits of the
City and Director of Public Works Lippitt answered her question
that the County is "working on" participation in a Financing Plan
but, as of now, has not enacted one.
Director Lippitt reported the subject resolutions address minimal
widening of Central Avenue (10% of the project) and double left
turn lanes at Bonita Road as satisfaction of conditions at which
time it was indicated they could apply for the credits. This
projects are not a priority for the City but needed because of the
intense traffic on Central Avenue. Councilmembers further
discussed the issue and City Attorney Harron confirmed that
responsibility for impacts overlap. When you look at a
development, its impacts could have a burden on the community and
you design your conditions to alleviate that burden wherever it
may exist.
At 9:31 p.m., ~layor Cox took his seat at the dais.
MINUTES - 14 December 13, 1988
RESOLUTIONS a and b WERE OFFERED BY COUNCILMAN MALCOLM and read by
titles, the reading of the texts waived by unanimous consent.
Councilwoman McCandliss referred to the last paragraph of the
Resolution which states, "receive cash or credit reimbursement
with the actual amount of cash or credit being determined
~9'~ Director of Public Works based on actual final costs" and
requested a better definement of the method. Obviously there are
areas of the County that will be positively affected and they also
should be paying. She would like to condition approval on staff
returning with a method or a process of reimbursement that would
(1) include the County area as a financial resource reimbursed,
and (2) insure that funds from the District would not be released
if there are priority construction projects within the District
that needed to be accomplished.
SUBSTITUTE MOTION
MSC (McCandliss/Nader) to continue this item for one week and to
consider it at that time; because this project is needed, it will
have a positive influence on residents of Chula Vista and the
County but the reimbursement should be structured so that it is
shared in a broader sense. (Councilman Malcolm absent; Mayor Cox
abstained since he was not present for the complete discussion.)
Mayor pro tempore Nader turned over the Chair to Mayor Cox.
12. RESOLUTION 13899 APPROPRIATING FUNDS FOR THE INSTALLATION
OF NEW ADJUSTABLE DOOR CLOSERS TO ASSIST
HANDICAPPED ENTRY TO CITY BUILDINGS
(Director of Public Works)
Staff recommended Council appropriate $3,100 for the installation
of new adjustable door closers of lighter spring tension to assist
handicapped entry to City Hall and the Public Services Building
and to direct the City Manager to consider a project for the
installation of totally automatic sliding doors in next year's
Capital Improvement Project budget process. This is an
appropriation of funds and requires a 4/5 vote.
MAYOR COX OFFERED THE RESOLUTION which was read by title, the
reading of the text waived by unanimous consent and approved
unanimously. (Councilman Malcolm absent)
MOTION
MS (McCandliss/Cox) that, if it takes major structural changes to
modify the main entrance door to City Hall, the door not be
modified at this time and brought back for consideration at a
later time.
Councilwoman McCandliss reported her interest in the historical
value of the City Hall entry way. Deputy Director of Public Works
Swanson clarified that hydraulic valve closures would be
implemented and are not drastic changes to the doors. The entry
doors of the Public Services Building and the Personnel Department
MINUTES 15 December 13, 1988
and City Manager entry doors of City Hall do not lend themselves
to automatic sliding doors and will be done at this time (Option
III).
VOTE ON THE MOTION
Motion carried unanimously. (Councilman Malcolm absent)
19. CITY MANAGERS REPORT
a. Report that $125,000 representing a portion of Asset Seizure
Funds was received by the Police Department on behalf of the
City of Chula Vista for their cooperation in a major marijuana
smuggling operation over a nine month period.
b. United Way-Chad Campaign was recently completed; results
indicate that 230 employees gave $22,000 in 1987-88; and 265
employees contributed $29,000 in 1988-89 which is a 27%
increase. City Manager commended all employees and workers
for a job well done.
20. MAYOR'S REPORT
a. Ratification of appointment to Board of Appeals -
MOTION
MSUC (Cox/Nader) to appoint Jo Dee Arnold to the Board of
Appeals. (Councilman Malcolm absent)
b. SDG&E -
1. Franchise Transfer Standards - If the proposed merger does go
through, this City does have review opportunities relative to
the transfer of the franchise, and it is appropriate at this
time to prepare.
MOTION
MSUC (Cox//Nader) to direct the City Attorney to prepare for the
City Council's consideration what reasonable standards should be
established in consideration for the transfer of any franchise to
San Diego Gas & Electric or Southern California Edison.
Councilman Nader requested, if the City Attorney's opinion or
report contains anything "arguable", the report be in writing
and sent confidentially to Council.
2. Resolution on Merger - The Resolution is similar to that
previous proposed, is a follow up evolved from meetings in the
City of San Diego, it states long and short term impacts and
is being presented to other cities in San Diego County.
MAYOR COX OFFERED THE RESOLUTION which was read by title, the
reading of the text waived by unanimous consent.
MINUTES 16 - December 13, 1988
AMENDMENT TO THE RESOLUTION
MSUC IMcCandliss/Nader) to amend page 2, No. 3, to insert the
words, "and proceed with" on the second line after the word
"investigate". (Councilman Malcolm absent)
Buz Schott, San Diego Gas & Electric, commented that within
the next few weeks, many answers to Council's concerns will be
available and public input will be invited. Municipal
takeover would be opposed by San Diego Gas & Electric;
consideration of this is premature, and they are confident
that the Southern California Edison takeover is the best way
to proceed for the citizens of Chula Vista.
VOTE ON THE AMENDED RESOLUTION
Motion approved unanimously. ICouncilman Malcolm absent)
Report was given of San Diego County Division League of
California Cities' meeting on December 12. A letter is being
drafted to ask the Board of Directors of SDG&E to reconsider
their vote because of the resultant loss in the San Diego
Region of over 1,000 jobs, the probability of a rise in rates
and, importantly, the Public Utilities Commission's
consideration of $124,000,000 penalty against Southern
California Edison's self-dealing practices.
Formation of a Task Force was discussed for alternative
information, and a 7-member Committee was approved with
representatives from the City of San Diego, County of San
Diego, San Diego County Water Authority, City of Chula Vista,
City of Carlsbad, SANDAG Board of Directors, and the San Diego
Divsion of the League of CA Cities.
3. Recreation Award - Mayor Cox and Councilman Moore attended the
Southern California Municipal Athletic Federation (SCMAF)
Banquet and congratulations were given to Recreational
Supervisors Steve Scott, Jim Tollefson and Jim Thomas for the
excellent programs they have established to achieve that award
for the City of Chula Vista.
4. The Mayor's late arrival was explained - he was asked to
represent SANDAG Board on Senator Bergeson's new Regionalism
project on growth, and the opportunity was taken to relate
things the League of CA Cities has done on regionalism as well
as some of the growth management thresholds enacted by this
City.
21. COUNCIL COMMENTS
COUNCILMAN NADER
a. Earthquake Tragedy in Soviet Armenia
MINUTES 17 December 13, 1988
MOTION
MSUC (Nader/NcCandliss) to direct the City Clerk to prepare a
Resolution for the Agenda of December 20th under Special Orders,
to commend Jack Bournazian on his efforts in helping the Soviet
Armenian Earthquake Victims. {Councilman Malcolm absent)
COUNCILWOMAN McCANDLISS
b. Traffic Study for the Library - a request was made to refer to
staff the Davidson and Garrett Avenue site with a request to
look into the problems of the blind corners with possibile
solutions of safety and to place the item on the next Council
agenda.
c. Letter from Dr. Spector addressed her concerns relative to the
development of the Woodcrest Project which was read; the
letter was referred to staff to be brought back.
d. Traffic problems; speeding and careless driving. the fact that
the Schools no longer sponsor Driver Education in Schools, and
the suggestion staff might place this issue on an Agenda for a
Joint Council/School Boards Meeting.
ADJOURNMENT AT lO:15 p.m. to the Regular Meeting of December 20,
1988 at 7:00 p.m.
Redevelopment Agency Meeting will be held
following the City Council Meeting
A Meeting of The Chula Vista-E1 Dorado County-
Livermore-Menlo Park Housing Finance Agency
will be held following the Redevelopment Agency Meeting