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HomeMy WebLinkAboutcc min 1989/06/13 MINUTES FOR A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA Tuesday, June 13, 1989 Council Chamber 7:05 p.m. Public Services Building ROLL CALL PRESENT: Mayor Cox, Councilmembers McCandliss, Nader and Moore ABSENT: Councilman Malcolm ALSO PRESENT: City Manager Goss, Assistant City Manager Asmus, City Attorney Harron PLEDGE OF ALLEGIANCE TO THE FLAG, SILENT PRAYER 1. APPROVAL OF MINUTES MOTION MSC (Moore/Cox} to approve the Minutes for the Adjourned (Budget} Meeting of May 30 and the Regular Meeting of June 6, 1989. (Councilman Malcolm absent} 2. SPECIAL ORDERS OF THE DAY - None CONSENT CALENDAR (Items 3a - 15) Pulled Items: 3b, 6, 9, 10, ll, 13a and b. MOTION MSC (Cox/McCandliss) to continue item 12 to the Budget Meeting of June 14, 1989. (Councilman Malcolm absent} MOTION MSC (Cox/McCandliss) to continue item 14 to the Regular Meeting of June 20, 1989 at the request of Councilman Malcolm. (Councilman Malcolm absent) COUNCILMAN NADER OFFERED THE BALANCE OF THE CONSENT CALENDAR which was read by titles, the reading of the texts waived by unanimous consent and approved. (Councilman Malcolm absent} 3. WRITTEN COMMUNICATIONS a. REQUESTS FOR REAPPOINTMENT TO BOARDS AND COMMISSIONS AND COMMITTEES BY THOSE WHOSE TERMS HAVE EXPIRED John Nash, Board of Appeals; Leo Kelly, Board of Ethics; Delbert Boerher, Civil Service Commission; Matt Flach and Barbara Gilman, Design Review Committee; Elizabeth Allen, Human Relations Commission; Lee Ann Decker and Betty Hammock, International MINUTES 2 June 13, 1989 Friendship Commission; Ronald Williams, Library Board of Trustees; Don Heye, Guy Lichty II and Christine Olguin, Otay Valley Project Area Committee; Joanne Carson and Shirley Grasser, Planning Commission; Ollie Braden and Eugene Militscher, Safety Commission. Council recommended that (1) Council ratify the recommendations of the Mayor for the reappointments to a second term for each of the Members listed above and (2) Council reappoint (per the City of Chula Vista Charter) the two Planning Commissioners and the Library Board Member. 3b. REQUEST FOR CITY ORDINANCE TO REQUIRE LANDLORDS TO PROVIDE RENTAL AGREEMENTS, LEASES AND MOBILEHOME PARK RULES AND REGULATIONS TO BE PRINTED IN SPANISH Rev. R. C. Flaugher, Chairman MOPAC. Pulled from the Consent Agenda. c. REQUEST FOR $5,000 FOR SOUTH BAY YOUTH SOCCER LEAGUE TOURNAMENT Norman R. Ross, President, 953 Hilltop Drive, Chula Vista, CA 92011 (Continued from the Regular Meeting of June 13) Council directed the request be referred for consideration during the Final Budget Session to be held on Wednesday, June 14, 1989. d. CLAIMS AGAINST THE CITY 1. DEAN PATRICK SANTISTEVAN ALLEGING PERSONAL INJURIES CAUSED BY A DANGEROUS CONDITION OF PUBLIC PROPERTY - Dean Patrick Santistevan, c/o Walter Lindstrom, Jr., Gibbs & E steiner, 1420 Kettner Blvd., Suite 602, San Diego, CA 9~01. 2. FRANK GALINDO MORALES ALLEGING PERSONAL INJURIES CAUSED BY A MALFUNCTIONING TRAFFIC SIGNAL - Frank Galindo Morales, c/o Terry Singleton, Attorney at Law, 235 West Fifth Avenue, Suite A, Escondido, CA 92025. Council denied and filed the claims by Mr. Santistevan and Mr. Morales. 4a. (DELETED FROM THE AGENDA) 5. RESOLUTION 14125 APPROVING AND ACCEPTING PUBLIC IMPROVEMENTS IN THAT CERTAIN SUBDIVISION KNOWN AND DESIGNATED AS EASTLAKE I, UNIT 21 (Director of Public Works) The Fieldstone Company has completed the requirements for public improvements for the EastLake I, Unit 21 Subdivision. The improvement agreement was approved by Council Resolution No. 13531 on April 25, 1988. All work was found to be completed in accordance with the approved plans and to the satisfaction of the City Engineer. MINUTES - 3 - June 13, 1989 6. RESOLUTION APPROPRIATING FUNDS FROM THE GENERAL FUND RESERVE FOR COSTS TO COMPLETE A HYDROGEOLOGIC ASSESSMENT REPORT FOR THE STATE WATER QUALITY CONTROL BOARD ON THE CORPORATION YARD PAINT PIT AND AWARDING CONTRACT TO NINYO & MOORE TO COMPLETE A HYDROGEOLOGIC ASSESSMENT REPORT ON THE CORPORATION YARD PAINT PIT /Director of Public Works) Pulled from the Consent Agenda. 7. RESOLUTION 14126 APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND JHK AND ASSOCIATES FOR THE PREPARATION OF THE BICYCLE ROUTE FACILITIES PLAN (Director of Public Works) Since a Bicycle Route Facilities Report was prepared for the City of Chula Vista in 1975 and updated in 1981 and 1983 before the City has annexed the Montgomery Area and other large land areas, preparation of a new comprehensive Bicycle Facilities Plan included the annexed areas which evaluates and recommends facility locations, class designations and cost estimates as well as an implementation schedule. 8. RESOLUTION 14127 ACCEPTING BIDS AND AWARDING CONTRACT FOR CONSTRUCTION OF BOX CULVERT AND TRANSITION STRUCTURE AT 416 BROADWAY IN THE CITY OF CHULA VISTA AND TRANSFERRING FUNDS THEREFOR (Director of Public Works) The work consists of the construction of a reinforced concrete box culvert at 416 Broadway between "G" and "H" Streets. The project involves clearing and grubbing, grading operations, import and placing of fill material, installation of catch basis, installation of box culvert and transition structure with headwall, providing for adequate connections at both existing improvements. Council authorized the transfer of $15,463.51 from the unencumbered balance of the budgeted projects titled "Economic Development Revolving Funds" to "Storm Drain, Northwest of Broadway and 'H"' account; and awarded the contract to low bidder, Roca Construction Inc. in the amount of $76,727.00. 9. RESOLUTION APPROVING AGREEMENT FOR ASSIGNMENT OF /~>~ CABLE TELEVISION FRANCHISE FROM ULTRONICS, INC., TO CHULA VISTA CABLE, A CALIFORNIA LIMITED PARTNERSHIP City Attorney) Pulled from the Consent Calendar. 11. REPORT COUNTRY CLUB DRIVE DEMONSTRATION PROJECT (Director of Public Works) Pulled from the Consent Agenda. MINUTES 4 June 13, 1989 12. RESOLUTION EXERCISING THE CITY'S OPTION FOR A ONE /~; YEAR EXTENSION OF THE AGREEMENT WITH CHAMBER OF COMMERCE FOR GENERAL INFORMATION SERVICES (Management Services) Continued to the Council Budget Session of Wednesday, June 14, 1989. 13a ORDINANCE AMENDING CHAPTER 5.58 OF THE MUNICIPAL CODE RELATING iO REGULATION OF TOW COMPANIES FIRST READING (Director of Public Safety) FIRST READING b. RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY TO ENTER INTO A THREE YEAR AGREEMENT FOR POLICE REQUESTED TOWING SERVICE WITH THE FIVE EXISTING COMPANIES ON THE TOW REFERRAL LIST Pulled from the Consent Calendar. 14. ORDINANCE 2313 AMENDING THE CHULA VISTA MUNICIPAL CODE BY ADDING A NEW CHAPTER 8.36 RELATING TO THE REGULATION OF THE STORAGE AND DISPOSAL OF MEDICAL WASTES SECOND READING & ADOPTION (Director of Public Safety) MOTION MS (Cox/McCandliss) to continue the item to the Regular Meeting of June 20, 1989 as requested by Councilman Malcolm. (Councilman Malcolm absent} 15. REPORT APPROVING THE FORMATION OF A CHURCH TASK FORCE AND RATIFYING THE MEMBERS THEREOF (Director of Planning) The Report formally creates the Ad hoc Church Task Force add Council ratified the list of individuals as Members of the Church Task Force with direction to staff to provide background information and an agenda for the first meeting, at which the Members will be asked to set a regular meeting schedule. END OF CONSENT CALENDAR PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 16a. PUBLIC HEARING CONSIDERATION OF ESTABLISHING UNDERGROUND UTILITY DISTRICT NO. 119 ON MAIN STREET FROM INDUSTRIAL BOULEVARD TO I-5 FREEWAY (Director of Public Works) RESOLUTION 14128 ESTABLISHING UNDERGROUND UTILITY DISTRICT NO. 119 ON MAIN STREET FROM INDUSTRIAL BOULEVARD TO I-5 FREEWAY MINUTES - 5 - June 13, 1989 b. PUBLIC HEARING CONSIDERATION OF ESTABLISHING UNDERGROUND UTILITY DISTRICT NO. 120 ON OTAY VALLEY ROAD FROM 500 FEET EAST OF MELROSE AVENUE TO 100 FEET EAST OF OLEANDER AVENUE IDirector of Public Works) RESOLUTION 14129 ESTABLISHING UNDERGROUND UTILITY DISTRICT NO. 120 ON OTAY VALLEY ROAD FROM 500 FEET EAST OF MELROSE AVENUE TO lO0 FEET EAST OF OLEANDER AVENUE This being the time and place as advertised, the public hearing was opened. Director of Public Works Lippitt reported the Underground Utility Advisory Committee, consisting of representatives of SDG&E, Pacific Bell, Cox Cable TV and the City proposed to Council the formation of two underground districts to convert existing overhead facilities. The cost of pole removal and undergrounding overhead utilities along Main Street from Industrial Boulevard to I-5 Freeway is estimated to be about $262,000 and, along Otay Valley road between Oleander Avenue and Melrose Avenue, estimated to be about $300,000. SDG&E's allocated funds will cover the estimated cost of each project. Director Lippitt confirmed that all of the lines in this project are in the right of way and they will not impact private property owners. Councilman Nader questioned the possibility that television companies will want to go into the trenches for television cabling. There being no others to speak either for or against this item, the public hearing was closed. COUNCILMAN MOORE OFFERED THE RESOLUTION which was read by title, the reading of the text was waived by unanimous consent and approved. (Councilman Malcolm absent) M (Nader) in the future representatives of all franchised utilities in the City be invited to attend the Underground Utility Advisory Committee. Assistant Director of Public Works Swanson advised that all utility companies are presently invited to attend all meetings; the motion was withdrawn. 17. PUBLIC HEARING TOWN CENTRE NO. 1 STREET LIGHTING AND LANDSCAPING MAINTENANCE DISTRICT FOR THE FISCAL YEAR 1989-90 (Director of Public Works) MINUTES - 6 - June 13, 1989 RESOLUTION 14130 CONFIRMING THE DIAGRAM AND ORDERING CERTAIN STREET LIGHTING FIXTURES AND APPURTENANCES TO BE MAINTAINED AND ELECTRIC CURRENT TO BE FURNISHED FOR LIGHTING SAID FIXTURES AND ORDERING CERTAIN LANDSCAPING TO BE MAINTAINED FOR THE FISCAL YEAR BEGINNING JULY l, 1989; AND LEVYING AN ASSESSMENT FOR THE FISCAL YEAR JULY 1, 1989 THROUGH JUNE 30, 1990 FOR CITY OF CHULA VISTA TOWN CENTRE NO. 1 STREET LIGHTING AND LANDSCAPING MAINTENANCE DISTRICT NO. 1989-90 This being the time and place as advertised, the public hearing was opened. Director of Public Works Lippitt reported the "Landscaping and Lighting Act of 1972" requires the City Council to hold a public hearing to hear interested parties prior to levying assessments each fiscal year. The Engineer's Report has been prepared to spread the subject assessments which has decreased from $26,801 for the last fiscal year to $18,878,94 this year due to an increase in the reserve fund left from last fiscal year. The proposed budget for fiscal year 1989-90 is set with a 1% increase over last year's amount or $33,130.00 and all costs incurred will be paid by the District. There being no others to speak either for or against this item, the public hearing was closed. COUNCILWOMAN McCANDLISS OFFERED THE RESOLUTION which was read by title, the reading of the text was waived by unanimous consent and approved. (Councilman Malcolm absent) 18. PUBLIC HEARING CONSIDERING THE SPREADING OF ASSESSMENTS FOR OPEN SPACE DISTRICTS 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11~ 14, 15 and 18 FOR FISCAL YEAR 1989-90 (Director of Public Works) RESOLUTION 14131 ORDERING CERTAIN OPEN SPACE FACILITIES TO BE MAINTAINED AND LEVYING ASSESSMENT FOR FY 1989-90 This being the time and place as advertised, the public hearing was opened. Director of Public Works Lippitt reported the report has been prepared by the City Engineer on the spread of assessments for the Open Space Districts. The proposed total spread for the Open Space Districts has increased from $434,116.38 for the last fiscal year to $586,733.96 this year. The increase is largely created because of the addition of Open Space District No. 18 (Rancho del Sur) for this fiscal year representing an increase of 25.44%. The City also accepted the maintenance of Unit 4, 5, and 6 of Open Space District No. 14 representing an increase from $86,699.08 to $188,688.24. MINUTES 7 June 13, 1989 Councilwoman McCandliss noted that District 15 is not included in the Resolution; Director Lippitt confirmed that this should be included. He confirmed that the increase occurred for District 8 in the utilities account while other Districts the utilities were decreased because of their management of the watering; a report will come to Council concerning Districts 13, 16 and 17. James F. Frank, 417 Horizon View Drive, 92010, reported a meeting with Open Space Coordinator Chew to discuss his concerns with District 11. He distributed pictures to exhibit the gradual deterioration of the maintenance in the District. Some of the "services" rendered include vegetation which is hapazardly trimmed, a tree that was pruned with a chain saw and no pruning paint applied, vacant spots exist where the sprinklers are in disrepair, and the resultant limited visibility at the corner of Hidden Vista. Mr. Frank urged Council to assure that the company follows through with the terms of the awarded contract. There being no others to speak eit'her for or against this item, the public hearing was closed. Councilmembers discussed the need to monitor the contractor's obligations and the need to determine whether negligence has occurred. COUNCILMAN MOORE OFFERED THE RESOLUTION AMENDED TO INCLUDE OPEN SPACE DISTRICT NO. 15 and read by title, the reading of the text was waived by unanimous consent and approved. (Councilman Malcolm absent) NOTION MSC (Moore/Nader) to direct staff to come back with a report on Open Space No. 11 and that acreage and rationale for any changes approximating 30%, up or down, be included in future reports. (Councilman Malcolm absent} 19. PUBLIC HEARING BAY BOULEVARD STREET LIGHTING AND LANDSCAPING MAINTENANCE DISTRICT FOR FISCAL YEAR 1989-90 (Director of Public Works) RESOLUTION 14132 CONFIRMING THE DIAGRA~ AND ORDERING CERTAIN STREET LIGHTING FIXTURES AND APPURTENANCES TO BE MAINTAINED AND ELECTRIC CURRENT TO BE FURNISHED FOR LIGHTING SAID FIXTURES AND ORDERING CERTAIN LANDSCAPING TO BE MAINTAINED FOR THE FISCAL YEAR BEGINNING JULY 1, 1989; AND LEVYING AN ASSESSMENT FOR THE FISCAL YEAR JULY 1, 1989 THROUGH JUNE 30, 1990 FOR CITY OF CHULA VISTA BAY BOULEVARD STREET LIGHTING AND LANDSCAPING MAINTENANCE DISTRICT NO. 1989-90 MINUTES 8 June 13, 1989 This being the time and place as advertised, the public hearing was declared open. Director of Public Works Lippitt reported the District includes Anthony's Days Inn, E1 Torito and the Soup Exchange, all of which front along the east side of Bay Boulevard between "E" and "F" Streets. The increase of 6.30% for FY 1989-90 is partially due to a higher budget and partially due to a lower assessment being levied last year which resulted in the reserve fund being lower than the required minimum. There being no others to speak either for or against this item, the public hearing was closed. COUNCILMAN MOORE OFFERED THE RESOLUTION which was read by title, the reading of the text was waived by unanimous consent and approved. /Councilman Malcolm absent) 20, ORAL COMMUNICATIONS - a. Edward Jones, P.O. Box 8648, Chula Vista, questioned policies and ordinances of the City relative to employment practices and whether local businesses are enforced to pay the employees promptly as well as given notice when a person is relieved of his duties. Mr. Jones related his experience trying to secure employment within the City and the problems he has experienced which causes him to believe that government is not doing an effective job of enforcement. Mayor Cox explained the City does not have this legislative authority but Council could request State legislators to act upon this subject. MOTION MSC {Cox/Moore) to refer this item to the City of Chula Vista State Legislators, Senator Peace and Senator Deddah. (Councilman Malcolm absent) MOTION MS (Nader/McCandliss) to direct the City Attorney to report back regarding what additional sanctions might be appropriate in cases involving a contractor already adjudged by the Fair Employment Practices Commission to be guilty of unfair labor practices pertaining to the withholding of wages. Councilman Nader explained his motion to relate to an instance where the City might receive notification when certain firms within the City have received notification of violators on the premise that, if it deals with outright fraud, to cease business with that firm. VOTE ON THE MOTION Passed. (Councilman Malcolm absent) MINUTES 9 - June 13, 1989 b. James Lovett, Bayscene Mobilehome Park, 100 Woodlawn (#75), inquired about the progress of the mandate with Mr. Hall. City Attorney Harron reported the progress to date and the hope to get Mr. Hall to voluntarily comply with the ordinance. Mr. Lovett also addressed a request by the owner to a tenant to sign a ten year lease which he believes is "illegal" and that the new resident manager requested permission to access his and five other tenants' property for inspection and, when refused, called the Police Department. Mr. Lovett since has been singled out to receive an intimidating letter from the manager. MOTION M (Nader) that we refer Mr. Lovett's complaints to the City Attorney for a report back as to whether it appears he may have been the target of any selective harrassment as a result of his involvement in the arbitration and whether action on the part of the City is warranted. MOTION CLARIFIED M (Nader) to refer to the City Attorney Mr. Lovett's comments for a report back whether it appears Mr. Lovett may have been the target of selective harassment based on his involvement in the arbitration process under the City Ordinance and, if so, a recommendation as to what if any action the City should take to support. SUBSTITUTE MOTION MSC (Cox/Moore) to refer the comments of Mr. Lovett and the letter received by him to the City Attorney to see if there is any basis for City involvement in this issue. (Councilman Malcolm absent) c. Rev. R. C. Flaugher, 1100 Industrial Boulevard (I-lO), 92011, /~ referred to a January 12 Council Information item that relative to a status report for the relocation mobilehome park. Housing Coordinator Thompson reported the preliminary draft is now under review and should be available shortly. MOTION MSC (McCandliss/Nader) to direct staff to update Council on the status of the Relocation Mobilehome Park. (Councilman Malcolm voted no) PULLED ITEMS 3b. REQUEST FOR CITY ORDINANCE TO REQUIRE LANDLORDS TO PROVIDE RENTAL AGREEMENTS, LEASES AND MOBILEHOME PARK RULES AND REGULATIONS TO BE PRINTED IN SPANISH Rev. R. C. Flaugher, Chairman MOPAC. Staff recommended the matter be referred to staff for the preparation of an appropriate ordinance or amendment to an existing ordinance. MINUTES lO - June 13, 1989 Rev. R. C. Flaugher, llO0 Industrial Boulevard (I-lO), 92011, reported the request originated when a park resident who was required to read a notice in English which he could not read not understand City Attorney Harron reported a person is protected against "over reaching" in this case, there is evidence that would invalidate the contract. Tom Kenny, 9971 Campo Road #14, Spring Valley, alleged Reverend Flaugher reported a "half truth" and offered a clarification for the reasons behind his actions as park owner, his need to act to protect the residents of the park from those who do not obey the rules. Mr. Kenny also stated he provides an interpreter at his meetings with tenants; he also emphasized those same people who "do not understand English" have signed and understood many English written documents to buy their mobilehomes. Ray Muraoka, 1478 First Avenue, Chula Vista, CA 92011, reported his operation of a small trailer park and agreed with Mr. Kenny's statements. He stated those who cannot understand English should provide their own interpreter. MOTION MS (McCandliss/Moore) to note and file the request. Councilman Nader stated he could not support the motion, that staff probably had 9ood reasons for their recommendation and 1 emphasized what Counci does or does not do on this ordinance the action has no relation to what is happenin9 in the mobilehome parks as related at this meeting. VOTE ON THE MOTION Passed. (Councilman Nader voted no) 6. RESOLUTION 14133 APPROPRIATING FUNDS FROM THE GENERAL FUND RESERVE FOR COSTS TO COMPLETE A HYDROGEOLOGIC ASSESSMENT REPORT FOR THE STATE WATER QUALITY CONTROL BOARD ON THE CORPORATION YARD PAINT PIT AND AWARDING CONTRACT TO NINYO & MOORE TO COMPLETE A HYDROGEOLOGIC ASSESSMENT REPORT ON THE CORPORATION YARD PAINT PIT (Director of Public Works) The work done under the addenda has been completed and the State has advised that further work needs to be done in order to complete the evaluation. In addition, the State has served the City with a cleanup and abatement order to clean up the soil and groundwater contamination to the satisfaction of the Executive Officer of the Regional Board. It is recommended Council authorize the appropriation of ~46,000 from the General Fund Reserve. MINUTES ll - June 13, 1989 Councilman Moore questioned whether the City held back money to ascertain whether the contractor performs as contracted. Assistant Director of Public Works Swanson reported the reasons for the payments made; the City is presently holding $6500 from the final payment. Torsten Krueger of Ninyo and Moore, confirmed the $45,000 is for the portion of the work which includes the walls that have been installed at the site and the portion of the work and utilizes data obtained by the previous consultant. Not reflected is a second identified problem; the original contract was for an evaluation of a toxic pit; there now seems to be contamination from a different source which is included in the Ninyo and Moore contract. Assistant Director Swanson added that John Anderson, representative of the Regional Quality Control Board, was familiar with the work of Ninyo and Moore. COUNCILMAN MOORE OFFERED 'THE RESOLUTION which was read by title, the reading of the text waived by unanimous consent and approved. (Councilman Malcolm absent) 9. RESOLUTION 14134 APPROVING AGREEMENT FOR ASSIGNMENT OF " CABLE TELEVISION FRANCHISE FROM ULTRONICS, INC., TO CHULA VISTA CABLE, A CALIFORNIA LIMITED PARTNERSHIP City Attorney) Following Ultronics request for a name change, correspondence was initiated to clarify the request and determine the status of the franchise. It ultimately became apparent that the franchise had been operated by a California limited partnership known as Chula Vista Cable since November 10, 1987 rather than Ultronics, Inc. The Director of Finance has reviewed the financial status of both entities and determined Chula Vista Cable is more economically viable than Ultronics, Inc. Answering Councilman Moore's question, Director of Finance Christopher agreed there was a year delay between the time when Chula Vista Cable was formed and when Ultronics applied for assignment of the franchise. City Attorney Harron agreed it is a violation but characterized by Staff as a technical violation with no harm to the City. Martin Altbaum, Chula Vista Cable, reported the franchise was received in December 1987. Ultronics is the Managing General Director making all the decisions and confirmed he is 75% owner of Ultronics and, as of last week, he is 66% owner of Chula Vista Cable. All contracts nationwide have been in the name of Ultronics as Managing General Partner with total control; the other partners are Limited Partner with no control. COUNCILWOMAN McCANDLISS OFFERED THE RESOLUTION which was read by title, the reading of the text waived by unanimous consent and approved. ICouncilman Malcolm absent) MINUTES - 12 June 13, 1989 At 9:01 p.m,, Council recessed and reconvened at 9:ll p.m. 10. REPORT CABLE TV SERVICE TO PRIVATE PROPERTY {Director of Public Works/Director of Building & Housing) Director of Public Works Lippitt reported that staff met on May 23, 1989 with representatives from the cable companies, other utility companies, utility consultants and developers to discuss the issues and alternatives that could provide for equal access. Agreement has been reached between the cable TV companies and the current developer (Rancho del Rey) that two conduits will be installed by the developer if material is provided by cable TV company (Alternative ~2). In the future, the City of Chula Vista will make subdivisions conditional for equal access on private property using either Alternative #2 or {Alternative #2) by which one conduit between the house and the property line would end in a pull box by which the cable companies could then enter from the street side and make their connection to the house lateral. Robert Snyder, 900 Lane Avenue, 92013, representing EastLake Development, stated Alternative #2 is a duplication to the unit, it serves only two cable companies and does not solve the problem. He stated Alternative ~1 and #3 solve the problem for as many cable companies that exist. He confirmed for Council that a conduit exists on a prewired house on private property; the cable is a throw away item with access is available by the owner and the cable company. Charles Gill, 600 "B" Street, Suite llO0, 92101, representing Jones Intercable, Inc. a major supplier of cable services in 22 states. Mr. Gill informed Council that Jones Intercable will be applying for a franchise in the City in the next few weeks and asks that you recognize they have an interest in the issue and that the City will potentially have three cable companies in the City. Cal Oliver, 253 Third Avenue, representing Ultronics Inc., stated this as a simple operation and urged approval of the staff recommendation. Referring to Alternative #1, he objected to the difficulties procedures {digging would be required in the public way) which exist for an owner decides to change cable companies. For Alternative ~3 a "pull box" exists on the property which connects the cable to the home; questions arise as to ownership of the box, damage of the box, cost dependent on location. The cost for Alternative #2 is minimal and Mr. Elliott of McMillin suggested the companies involved deliver the materials to the job site and he would install the material. Councilmembers discussed the pull box, which could exist in the form of pedestal or mounted flush with the ground, and its maintenance, appearance, and practicability and Mr. Oliver answered technical questions. Mr. Oliver urged Council to address the current situation with two cable companies rather than to look into the future. MINUTES - 13 June 13, 1989 MOTION MS (McCandliss/Nader) to approve the staff recommendation and to include in the Alternate 2 and Alternate 3 selection that staff follow their inclination to condition the installation of pull boxes which are flush with the adjacent ground services. Director Lippitt confirmed Alternate 2 reveals an above ground pedestal to serve one or more homes; Alternate 3 reveals a flush mounted pull box at every lot in addition. ADDITION TO THE MOTION (McCandliss/Nader) to include as part of the motion a full undergrounding of the pedestals, pull boxes and conduits. Ed Elliott, McMillin Development, stated support that the issue go back to staff for further study because of important issues to include the treatment of multiple family apartments which has been neglected and for which Alternate #2 will not work, multiple penetrations in the foundation has not been recognized, and SDG&E's concerns of a trench containing 60 pound gas service and the possibility of a leak creating a path for natural gas into the wall. RESTATED MOTION (McCandliss/Nader) To accept Alternate 2 for Rancho del Rey, to accept the recommendation for Alternates 2 and 3 for other subdivisions in the City and to include a full undergrounding of pull boxes and pedestals. (Motion died for lack of a second) MOTION MSC (Cox/Moore) to refer this to staff for further evaluation and to come back to Council in four weeks evaluating the various things talked about at this Meeting. (Councilman Malcolm absent) Councilwoman McCandliss encouraged Council to hold a workshop for this future discussion and cautioned that Council needs technical expertise to make the evaluation that policies are made in a fair manner for equal access. MOTION N (Nader) to approve implementation of Alternate No. 2 for Rancho del Rey based on the staff report indicating an agreement to implement that Alternative has already been reached with the parties involved. (Motion died for lack of a second) 11. REPORT COUNTRY CLUB DRIVE DEMONSTRATION PROJECT (Director of Public Works) It is recommended to proceed with a second phase three-month traffic improvement demonstration project to include (1) a no left turn sign on First Avenue at Country Club Drive to prohibit the south to east left-turn maneuver and (2) to modify the traffic island at Country Club Drive and First Avenue to inhibit left turn maneuvers. MINUTES 14 June 13, 1989 ~raffic Engineer Rosenberg reported the partially successful demonstration and resultant traffic patterns pointing out the Safety Commission did not agree with staff's recommendation; three Commission Members were present to answer Council's questions. Councilmembers questioned staff on several areas to include the island at Fortuna and East "L" to prevent northwest bound movement and obstacles that were put in to make driving more difficult with the idea that people can continue through the neighborhood but with controls. The initial thrust, for safety concerns, is to move cars off residential streets on to the collector streets. Mr. Rosenberg confirmed the problem is at Country Club Drive and Sierra Way and discussion ensued with how intersections were addressed and center lines striped. Steve Savel, 53 Sierra Way, reported that over a year ago, Council directed the residents to work with the Traffic Engineer which some of them tried to do. His frustration at this point is caused now by Council not putting themselves in this same position. He stated everyone happens to be on opposite sides with solutions and asked Council to please listen to and work with the Traffic Engineering staff as Council previously directed him. Double yellow lines do not inhibit. Gretchen Osa, 838 Country Club Drive, reported the residents have done everything Council asked, people still enter the wrong way creating new traffic hazards. I. Zaninovich, 89 Country Club Drive, reported his need for access and egress north and south from his home, presented a sketch of this to Council and quoted from a State publication to emphasize his point. Chet deVore, 32 K Street, stated Staff has not heard what the Safety Commission is saying. He also read from a letter given to him by the resident at 909 Vista Way which stated, if action is not taken quickly, the results will be more damaging. Dr. A. C. Smith, 71 San Miguel Drive, stated that for over 30 years he has seen a number of changes in the traffic. He stated his home is located precariously, and that improvements should be made at First Avenue and Country Club Drive to slow down the traffic and solve the problem. Mrs. A. C. Smith stated her concern for access to their home coming and going and that she does not a cul de sac. She stated her friends who live at Country Club Drive also object. Harry W. Roche, 8 San Miguel Driive, considered the traffic island as proven to be satisfactory, that the closing of Country Club Drive is not necessary and will cause a tremendous amount of inconvenience to people living on the three streets. Phil Clark, 36 K Street, 92011, congratulated Council on past decisions to not allow the cul de sac, stated the dangerous spots on K Street and urged Council to keep it as it is. MINUTES - 15 June 13, 1989 Marina Garelis, 60 K Street, addressed the no left hand turn stating it should be allowed, that traffic cannot get into Country Club Drive and urged Council go back to where it was and put signs up there. Councilwoman McCandliss emphasized the decision is difficult but she cannot support a cul de sac as appropriate from any standpoint. She would support, on a trial basis, the no left hand turn as long as monitoring assures no impact on "K" Street. The goal is to solve problem without creating new problems in any fashion for the neighborhood. Councilman Nader agreed. Mayor Cox did not support the cul de sac and stated his concerns of the people going eastbound on K Street to First Avenue and continuing on to Country Club. He stated the Savel property as an extraordinary awkward intersection and a need to remedy the access or channel traffic in a more appropriate way.. MOTION M (Moore) to direct Staff and the Safety Commission to consider measuring the effects of eastbound traffic and Sierra Way. (Motion died for lack of a second. Traffic Engineer Rosenberg confirmed the traffic counts were made prior to the last phase of improvements in the area. Mr. Garelles, 60 K Street, urged Council to enforce the speed limits. MOTION MS ICox/Moore) to direct staff and the Safety Commission to specifically come up with current traffic counts and current speed surveys given the fact modifications were made; that staff and the Safety Commission look at alternate signage at Sierra Way and Country Club Drive to see if the modifications would be appropriate for the residents in the area. SUBSTITUTE MOTION MS (Nader/McCandliss) to adopt the staff recommendation but to delay for six weeks while staff obtain the current counts, and prior to implementation of the staff recommendation, to come back if it shows any variations of significant data. (Motion failed; Mayor Cox and Councilman Moore voted no; Councilman Malcolm absent) VOTE ON THE MOTION Passed. (Councilman Malcolm absent) 13a ORDINANCE 2314 AMENDING CHAPTER 5.58 OF THE MUNICIPAL CODE RELATING TO REGULATION OF TOW COMPANIES - FIRST READING (Director of Public Safety) - FIRST READING b. RESOLUTION 14135 AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY TO ENTER INTO A THREE YEAR AGREEMENT FOR POLICE REQUESTED TOWING SERVICE WITH THE FIVE EXISTING COMPANIES ON THE TOW REFERRAL LIST MINUTES 16 - June 13, 1989 The amended ordinance requires higher standards and to keep the existing five companies rather than going to an RFP process. By implementation of the higher standards and holding the tow companies accountable for maintaining those standards, the department believes the service provided will also improve. Major proposed revisions to the current agreement include response time, equipment requirement and positive citizen/Police relations. Duane Pudgil, South Bay Towing, 378 San Miguel Drive, reported three companies had contacted him to state their concurrence with this item but request the requirement for a three year agreement be changed to a non-ending situation. Joe Kellejian, 825 Energy Way, Ecology Auto Wrecking, stated his support of the staff recommendation for five tow companies if they meet the new qualifications but asked for clarification if the companies do not perform as noted. He questioned whether the Director of Public Safety evaluation of replacement applicants for the position would come before Council. He also referred to the City's applications being sent to all tow companies in San Diego County and his feeling the companies should be selected from this area. Director of Public Safety Winters offered that a problem sometimes exists, as happened in the past, a company was sold and the new owner took over a current contract. Councilman Nader emphasized that, although the Council may by resolution authorize the Public Safety Director to make the selection, Council would certainly retain the authority to change or amend the process at any time. Clay Platt, Platt's Towing, 395 Mitchell Street, Chula Vista, stated he is not in support of the recommendation. Mayor Cox referred to the process of selecting a new company, and his expectation that final action should be taken by the City Council as taken in similar actions with licenses to operate on behalf of the City. City Manager Goss reported it is discretionary justified on how much detail Council wants to get into but certainly judgements have to be made. Director Winters reported he would not be reluctant to share any decisions with Council. Councilman Moore referred to the comments of one speaker asking to "restrict to Chula Vista companies only" and City Attorney Harron confirmed the restriction has been reviewed for contracts across the board. Only in very limited circumstances and with sufficient findings, can the City limit to just certain companies. The use of bonus points require the same technique. MOTION MSC (Cox/Nader) to modify the Ordinance to reflect the concerns of Council. (Councilman Malcolm absent) MINUTES 17 - June 13, 1989 MOTION M (Nader) to reconsider this item. (Motion died for lack of a second.) MOTION MS (Nader/McCandliss) to amend the resolution to authorize the Public Safety Director to enter into a three year agreement with any local towing service meeting the standards set forth in the proposed agreement. Director Winters questioned whether ten companies should be selected if all qualify with the standards; that this would significantly impact their business after the company's investment of much money to meet the standards; and reported the additional things tow companies are asked to do such as the large number of abandoned vehicles removed each day. Councilman Nader withdrew his motion with the agreement of the seconder. MAYOR COX OFFERED THE ORDINANCE which' was read by title, the reading of the text waived by unanimous consent and approved unanimously. (Councilman Malcolm absent) MAYOR COX OFFERED THE RESOLUTION which was read by title, the reading of the text waived by unanimous consent and approved unanimously. ICouncilman Malcolm absent) 21. CITY MANAGER'S REPORT a. Scheduling of Council meetings - The Wednesday, June 14 Budget Session scheduled for 7:00 p.m., will include the Boards and Commissions and other departments, carryover from this Meeting and the CIP Budget. A reminder was given that at the City Council Workshop scheduled for June 22 the items planned for discussion include the Civic Center Master Plan and a Planning Item relative to a small lot subdivision north of East "H" Street. 22. MAYOR'S REPORT a. Council Referrals - Mayor Cox addressed 50 referrals which are pending and could be completed orally by staff and directed staff to bring a status list to Council next week with either written or verbal type reply. 23. COUNCIL COMMENTS COUNCILMAN MOORE a. Legislative Report for Council Action Council Referral No. 1528: AB 901 (C. Green) Stolen Vehicle Recovery Network Study SUPPORT MINUTES - 18 June 13, 1989 MOTION MSC (Cox/Moore) to approve the recommendation of the City of Chula Vista Legislative Committee. (Councilman Malcolm absent) b. Legislative Report for Information Only: AB 2372 IHannigan) - Property taxation: revenues apportionment (Oppose) COUNCILMAN NADER: c. Letter to Mexican Authorities Regarding Airport Notice was made over the last couple months of the apparent lack of communication with Mexican officials concerning the proposed relocation of the airport and the impact on Tijuana, South San Diego and Chula Vista. It is possible that Mexican officials may be under a misapprehension that the United States are unanimous in their efforts to approve the proposal. MOTION MSC INader/McCandliss) to direct a letter be sent over the Mayor's signature to the President of Mexico and Mayor of Tijuana, indicating the possibility and concerns of the proposal to relocate the airport and the impact on our citizens, and to emphasize the proposed relocation at Brown Field is not an item on which the citizens or this government has taken any position and, in fact, is a subject of some controversy. (Councilman Malcolm absent) COUNCILWOMAN McCANDLISS: e. Referenced information received from San Diego County relative to the Sweetwater Union High School District area relating to zoning and plans for investment property in that area r. Council/Redevelopment Agency Item - A review of the Youth Facility proposed for Chula Vista High School referenced her request for assurance that the walls would allow for future development of a mural. Councilwoman McCandliss noted this was referred to the Design Review Committee and she stated her hopes this reference would not cause a delay of the project. ADJOURNMENT AT 12:03 p.m. to the Adjourned (Budget) Meeting on Wednesday, June 14 at 6:00 p.m. in the Council Conference Room, d to_~R~a~a~rrMeeting of Tuesday, June 20 at 7:00 p.m. ~rtune, CMC CITY CLERK