HomeMy WebLinkAboutcc min 1996/03/19MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF CHULA VISTA
Tuesday, March 19, 1996
6:05 p.m.
Council Chambers
Public Services Building
CALL TO ORDER
ROLL CALL:
PRESENT:
ALSO PRESENT:
Councilmembers Alevy, Moot, Padilla (arrived at 6:08 p.m.), Rindone, and
Mayor Horton
John D. Goss, City Manager; Brace M. Boogaard, City Attomey; and Beverly
A. Authelet, City Clerk
2. PLEDGE OF ALLEGIANCE TO THE FLAG, SILENT PRAYER
3. APPROVAL OF MINUTES: March 12, 1996
MSC (Alevy/Moot) to approve the minutes of March 12, 1996 as presented with Councilmember Padilia
absent.
4. SPECIAL ORDERS OF THE DAY:
a. Meg Schofield, Literacy Coordinator, and David Palmer, Library Director, presented the First Place Exemplary
Program Award and First Place Adult New Reader Award presented to the Chula Vista Literacy Team from the
State Collaborative Literacy Council.
CONSENT CALENDAR
(Items pulled: 8)
BALANCE OF THE CONSENT CALENDAR OFFERED BY COUNCILMEMBER RINDONE, reading of
the text was waived, passed and approved unanimously. Councilmember Moot abstained from voting on Item
8 and Councilmember Alevy abstained from voting on Item 7.
5. WRITTEN COI~!MUNICATIONS:
a. Letter from the City Attorney stating that there were no reportable actions taken in Closed Session on
3/12/96. It is recommended that the letter be received and filed.
b. Letter from Coleen A. Scott, Member, Cultural Arts Commission, requesting financial assistance with the
Fourth Annual Classical Music Competition. It is recommended that up to $500 be provided if the winners of
the competition agree to perform throughout the year at various City functions.
Mr. Goss clarified that the staff recommendation was $500 which would be from the Council Contingency fund.
6. ORDINANCE 2664 AMENDING SECTION 10.48.030 OF THE MUNICIPAL CODE, INCREASING
STATE LAW SPEED LIMITS IN CERTAIN AREAS AND ESTABLISHING SPEED LIMITS ON
MAXWELL ROAD FROM OTAY VALLEY ROAD TO THE LANDFILL ENTRANCE (1900' NORTH OF
OTAY VALLEY ROAD) AND ON OTAY VALLEY ROAD FROM BRANDYWINE AVENUE TO NIRVANA
AVENUE (second reading and adoption) - Based on provisions of the California Vehicle Code Section 40803,
and pursuant to authority under the Municipal Code Section 10.48.030, staff has determined that in the interest of
minimizing traffic hazards and traffic congestion, and for the promotion of public safety, the speed limit on Maxwell
Road between Otay Valley Road and the landfill entrance (1900' north of Otay Valley Road) be increased from 30
m.p.h. to 35 m.p.h. and the speed limit on Otay Valley Road between Brandywine Avenue and Nirvana Avenue
Minutes
March 19, 1996
Page 2
be increased from 45 m.p.h. to 50 m.p.h. Staff recommends Council place the ordinance on second reading and
adoption. (Director of Public Works)
7. ORDINANCE 2665 AMENDING THE CERTIFIED LOCAL COASTAL PROGRAM IN ACCORDANCE
WITH AMENDMENT 14 AMENDING CERTAIN SECTIONS OF THE MUNICIPAL CODE, TITLE 19,
SECTION 19.85.005 AND APPENDIX B, BAYFRONT SIGN PROGRAM, MODIFYING SIGN
REGULATIONS FOR THE INLAND PARCEL, SUBAREA 4 OF THE CERTIFIED LOCAL COASTAL
PROGRAM (LCP) (second reading and adootion) - An amendment to the LCP has been prepared to modify the
sign regulations for the Inland Parcel, Subarea 4 of the Coastal Zone. The amendment modifies the sign regulations
for the Inland Parcel by deleting the 10 foot height limitation for signs and allowing signs in Subarea 4 to be subject
only to the sign requirements of the related Central Commercial Zone with the Precise Plan Modifying District and
General Industrial Zone. Staff recommends Council place the ordinance on second reading and adoption. (Director
of Community Development)
Councilmember Alevy stated he would abstain from voting in order to avoid a conflict of interest due to his
employment.
8. ORDINANCE 2666 AMENDING SCHEDULE IX, SECTION 10.48.030 OF THE MUNICIPAL CODE -
INCREASING STATE LAW SPEED LIMITS IN CERTAIN AREAS FROM 30 M.P.H. AND
ESTABLISHING A SPEED LIM1T OF 35 M.P.H. ON EAST "J" STREET FROM HILLTOP DRIVE TO
CASSIA PLACE (second reading and ado0tion) - Based on the provisions of the California Vehicle Code Section
40803, and pursuant to authority under the Municipal Code Section 10.48.030, staff has determined that in the
interest of minimizing traffic hazards and traffic congestion, and for the promotion of public safety, the speed limit
on East "J" Street between Hilltop Drive and Cassia Place be increased from 30 M.P.H. to 35 M.P.H. Staff
recommends Council place the ordinance on second reading and adoption. (Director of Public Works) Pulled from
the Consent Calendar.
Councilmember Moot stated based on the advice of the City Attorney he would abstain from voting in order to avoid
a conflict of interest as his home was located in the area.
Ordinance 2666 was discussed under Item 10 and approved 4-0-0-1 with Moot abstaining.
9. RESOLUTION 18231 AUTHORIZING STAFF TO ISSUE PURCHASE ORDER TO SWEETWATER
AUTHORITY FOR RELOCATION OF 36" TRANSMISSION WATER LINE IN BONITA ROAD - Approvod
in the fiscal year 1995/96 budget was a project for the replacement of a four 8" mainfold sewer main crossing
Bonita Road just east of 1-805 freeway. The purpose of the project was to replace the four existing 8" sewer lines
with one 18" sewer line to eliminate the current bottleneck in the sewage system. In order to accomplish the work,
Sweetwater Authority needs to relocate a 36" Transmission Water line. Staff recommends approval of the
resolution. (Director of Public Works)
* * END OF CONSENT CALENDAR * *
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
None submitted.
ORAL COMMUNICATIONS
· Steve Palm, 176 Montgomery Street, Chula Vista, CA, representing Otay Committee, informed Council that
a child, Hector Manual Delgado, was accidentally killed by a gun on March 5, 1996. The children in Otay pulled
together in order to raise over $2,500 for funeral expenses. He requested that a brass plaque be erected on a
pedestal in front of the new Otay gym.
Minutes
March 19, 1996
Page 3
Mayor Horton stated that staff would look into the request and work with the community.
BOARD AND COMMISSION RECOMMENDATIONS
None submitted.
ACTION ITEMS
10. ORDINANCE 2667 AMENDING SCHEDULE IX, SECTION 10.48.030 OF THE MUNICIPAL CODE,
INCREASING STATE LAW SPEED LIMITS IN CERTAIN AREAS FROM 30 M.P.H. AND
ESTABLISHING A SPEED LIMIT OF 35 M.P.H. ON HILLTOP DRIVE FROM EAST RIENSTRA
STREET TO ORANGE AVENUE (first reading} - Based on provisions of the California Vehicle Code Section
40803, and pursuant to authority under the Municipal Code Section 10.48.030, staff has determined that based on
a traffic and engineering study, the speed limit on Hilltop Drive between East Rienstra Street and Orange Avenue
be increased from 30 m.p.h. to 35 m.p.h. Staff recommends Council place the ordinance on first reading.
(Director of Public Works)
Clifford Swanson, Deputy Director of Public Works/City Engineer, stated the item was a request to increase the
speed limit to be in conformance with the recent speed study. The speed study showed an 851h percentile speed
of 36 mph. Therefore, the current 30 mph speed limit needed to be increased to 35 mph. Without the change the
speed limit could not be enforced with radar. Staff was exploring possibilities of legislation allowing local agencies
to set speed limits in residential areas that varied from the requirement of the 851h percentile. The League of
California Cities was proposing legislation and the local Traffic Engineer's group was also working on proposed
legislation. Staff would return to Council in the future with a report.
Councilmember Alevy stated he was not prepared to vote in favor of the item because he objected to the State law.
He felt there should be local control and that should be pursued before action was taken to raise the speed limit on
a residential street. He was in favor of enforcing the speed limit and understood the problem the Police Department
had, but he could not vote to raise a speed limit on a street where children played.
Councilmember Rindone stated Councilmember Alevy's concerns were held by all Councilmembers. The item had
been discussed last week and it was his understanding that if the speed was not raised the enforceability of any speed
limit, regardless of what that speed was, could not be done with radar.
Jim Zoll, Police Lieutenant, stated that was correct.
Mr. Swanson stated without raising the speed limit the judge could throw the citations out and the City would not
be able to enforce the speeds.
Councilmember Rindone stated while the Council was concerned, it was prudent to raise the speed so enforcement
could be done with radar. He was heartened to hear that the League of Cities was addressing the issue.
Councilmember Alevy questioned if other methods were as effective as radar.
Lt. Zoll responded that they were not as effective.
Mr. Swanson stated the only other method would be to pace a vehicle which was not as effective a radar.
Councilmember Alevy stated the best action by Council would be to raise the speed to 35 mph for radar enforcement
pending any legislative change. If that took place the Council would have the ability to drop the speed to 30 mph
which would then be radar enforceable.
MS (Alevy/Moot) Increase the speed to 35 mph for radar enforcement, but if the State changed State law the
speed would automatically be reduced to 30 mph.
Minutes
March 19, 1996
Page 4
Councilmember Moot stated he was familiar with the traffic court calendar and people had learned every trick to
beat a citation. Without radar the judge did not have a lot of options available. He felt the only option available
to Council was to approve the increase to allow radar enforcement until the State law was changed.
Councilmember Padilia stated if speeds were to be enforced by radar there had to be a speed survey. The speed
was increased not due to the law, but due to the speed survey. There were two options of enforcement, i.e. radar
or pacing. He felt residents of the City would not want police units pacing vehicles down residential streets. The
increased speed would provide a mechanism for law enforcement to do their job. He did not know how realistic
it was to have the State change traffic engineering standards that were based on engineering principles. He was
prepared to put the ordinance on first reading as stated.
Councilmember Rindone stated Item 8 and Item 10 were related and requested that both ordinances be included for
approval.
Councilmember Moot noted that he would not be voting on Item 8 due to the location of his residence.
Mr. Boogaard requested that the proposed amendment be treated as a Minute Resolution, i.e. to bring the matter
back if the legislation changed rather than changing the wording that would go into the Municipal Code.
VOTE ON MINUTE RESOLUTION: approved 4-0-0-1 with Councilmember Moot abstaining on Item 8.
ORDINANCE 2666 PLACED ON SECOND READING AND ADOPTION AND ORDINANCE 2667 PLACED
ON FIRST READING BY COUNCILMEMBER PADILLA, reading of the text was waived, passed and
approved unanimously with Councilmember Moot abstaining on Item 8.
ll.A. RESOLUTION 18232 ACCEPTING DONATION, AUTHORIZING EXPENDITURE AND
APPROPRIATING SAID DONATED FUNDS TO PAY FOR REPAIR TO THE ANIMAL SHELTER
KENNEL'S HEATING SYSTEM AND KENNEL TARPS - The Animal Shelter received a donation of $2,000
from the Mercy Crusade, Inc. Animal Welfare Organization and a donation of $500 from the Foundation for the
Care of Indigent Animals to be used toward repairing the heating system and replacing the tarps at the shelter.
Remainder of the costs would be funded by minor CIP project funds. Staff recommends approval of the resolutions.
(Chief of Police) 4/Sth's vote required.
B. RESOLUTION 18233 REAPPROPRIATING $11,900 FROM THE FUND BALANCE IN THE PUBLIC
SAFETY BUILDING REROOFING PROJECT (GGI47) TO THE ANIMAL SHELTER
RECONFIGURATION PROJECT RD205 - 4/5th's vote required.
Councilmember Alevy stated the City was moving forward and trying to improve the animal shelter. He requested
that recognition of the groups giving substantial contributions be located in the lobby or counter at the animal
shelter.
RESOLUTION 18232 AND 18233 OFFERED BY COUNCILMEMBER ALEVY, reading of the text was
waived, with recognition of the Mercy Crusade, Inc. Animal Welfare Organization, Foundation for the Care
of Indigent Animals, and Captain Wolf.
Councilmember Moot thanked Mercy Crusade, Inc. Animal Welfare Organization and Foundation for the Care of
Indigent Animals for bringing the issue to the Council's attention and their positive participation and involvement
in helping to correct the situation.
VOTE ON RESOLUTIONS 18232 AND 18233: approved unanimously.
12. RESOLUTION 18234 ACCEPTING BID AND AWARDING CONTRACT FOR "PLACEMENT OF
ASPHALT RUBBER HOT MIX OVERLAY FOR FISCAL YEAR 1995/96 OVERLAY PROGRAM ON
VARIOUS STREETS IN THE CITY (STL-224)" AND AUTHORIZING STAFF TO INCREASE
QUANTITIES TO EXPEND ALL AVAILABLE FUNDS FOR THIS PROJECT - On 2/28/96, bids were
Minutes
March 19, 1996
Page 5
received. The work consists of providing asphalt rubber hot mix 1¼" thick overlay on various streets. The work
includes the removal of alligator pavement areas and replacement with asphalt concrete pavement, the cold milling
of street pavement in certain areas, AC leveling courses, signal loops, traffic control, adjustment of sewer manholes,
adjustment of survey well monuments, french drain system, and other miscellaneous work. Staff recommends
approval of the resolution awarding the contract to SRM Contracting and Paving in the amount of $517,322.20.
(Director of Public Works)
Mr. Booguard informed Council that the City had received a threat of litigation with regard to part of the City's
specifications that dealt with the bond requirements. If no members of the public wanted to address the Council
he requested that Council address the item in Closed Session as it had been listed on the agenda. He requested that
the item be trailed until after Closed Session.
Mayor Hotton noted that no one wanted to address the Council and trailed the item.
It was the concensus of the Council to have staff meet with the company and return to Council in one week.
13. REPORT INVESTIGATING THE FEASIBILITY OF A FIESTAS PATRIAS FESTIVAL - On 3/5/96,
staff was directed to review ways in which a Fiestas Patrias event could be made into to city-sponsored celebration.
Staff recommends Council approve the celebration of Fiestas Patrias at the annual Harbor Days event on 9/21/96.
(Director of Parks and Recreation)
Councilmember Alevy stated he was aware that the City needed to defer having a special event for the present year
due to the advanced planning needed. He felt it would be successful as part of Harbor Days, but wanted to see a
separate celebration recognizing the Mexican heritage in the community. He supported Option #3 - to move Harbor
Days to another date earlier in the calendar year (Spring) which would occur only after an evaluation was done of
the April 13, 1996 EXPO '96. Depending upon the success EXPO '96, Harbor Days would either be combined
with EXPO '96 or substituted therefor.
Mayor Horton stated she supported the Fiestas Patrias Festival as part of Harbor Days, but was opposed to changing
the date for Harbor Days. It was a very successful celebration.
Councilmember Alevy stated it was his understanding that Harbor Days was scheduled around the schedule of the
Tall Ship Californian.
Sunny Shy, Deputy Director of Recreation, responded that was correct, but Harbor Days was traditionally held on
the same weekend. Having four events in one month was difficult for the police department and other support
services.
Councilmember Alevy stated as long as there was the potential of looking into some recognition it would accomplish
his goal. He recommended that Council adopt Option #1 - the Fiestas Patrias celebration be held as part of the
annual Harbor Days event.
Councilmember Rindone stated he would support Option #1. He noted that the purpose of the Community Pride
Fair was established to recognize the diversity in the community. He hoped that the big picture would be looked
at if funding was feasible.
Mayor Horton stated she would support Option #1. She did not want to create another festival and have it be poorly
attended. By including it in Harbor Days the City would be recognizing Mexican heritage and community pride.
She would not support the changing of the date for Harbor Days.
MSUC (Alevy/Horton) to approve Option #1 - in 1995, a Fiestas Patrias celebration be held as part of the
annual Harbor Days event. For 1996, the combination of those two events continue.
Minutes
March 19, 1996
Page 6
ITEMS PULLED FROM THE CONSENT CALENDAR
Item pulled: 8 . The minutes will reflect the published agenda order.
14.
OTHER BUSINESS
CITY MANAGER'S REPORT(S)
a. Scheduling of meetings. Mr. Goss informed Council that a worksession was scheduled for 4/20/96 from 9:00
a.m. - 12:00 noon for Council to review the Otay Ranch SPA I, EIR, and project as a whole. It would be held in
Conference Rooms 2 and 3.
Councilmember Rindone stated it was a topic that generated a lot of interest and requested that staff make a vigorous
effort to notify the public about the meeting, i.e. announcements, newspapers, etc.
Mr. Goss stated it was not a public heating but would be a good opportunity for the public to become informed.
Mr. Goss stated that the Growth Management Oversight Commission requested a workshop with Council and the
Planning Commission on 4/25/96 to review the 1995 annual report. They had requested that it be held in a
workshop setting in either the Council Conference Room or Conference Rooms 2 and 3. The Council secretary
would poll the Council regarding their availability on that date.
b. Mr. Goss stated that there would be an article entitled "Joint School/City Libraries" in the February, 1996 issue
of School Library Journal.
c. Mr. Goss noted that the City of San Diego newsletter was patterned after the City of Chula Vista newsletter.
15. MAYOR'S REPORTIS)
a. Ratification of appointment to the Design Review Committee - John Stokes.
MSUC (Horton/Alevy) to ratify the appointment of John Stokes to the Design Review Committee.
b. Mayor Horton stated that former Councilmember Moore had recommended a monthly recognition of employees.
She requested that staff return with guidelines or criteria within the next 30 days for an Employee of the Month
program.
16. COUNCIL COMMENTS
Councilmember Moot
a. Councilmember Moot stated he represented the City at Halecrest Elementary School where two Russian
Cosmonauts were presented with a Key of the City and a medallion that the Cosmonots would be taking into space.
Halecrest was one of only two schools in San Diego County visited by the Cosmonots. An American Astronaut
would spend six months in space with the two Russian Cosmonots.
Councilmember Rindone
a. Ratification of appointment to the Mobilehome Rent Review Commission - Christina Orozco.
MSUC CRindone/Horton) to ratify the appointment of Christina Orozco to the Mobilehome Rent Review
Commission.
Minutes
March 19, 1996
Page 7
b. Councilmember Rindone stated he had received a call from the media regarding two sets of minutes on file. He
had discussed the item with the City Clerk and requested that she clarify the issue.
Beverly Authelet, City Clerk, stated on 8/1/95 the minutes of 7/25/95 were submitted for approval and approved
at that meeting. Once minutes were approved the procedure was to take a copy of the minutes from the Clerk's
agenda packet and file in a notebook which was made immediately available to the public and staff. The staff
member that handled that was not aware that the minutes were amended and, therefore, filed that copy in the
notebook. It was also policy that when minutes were amended the original minutes were corrected to show what
transpired at the meeting. The staff member that did that telecommuted on Wednesday and handled it on Thursday.
The minutes were seldom amended and it was simply an oversight on the part of staff to go back into the notebook
and replace the minutes with the amended minutes.
Councilmember Alevy thanked the employees and staff of the City from the top on down.
ADJOURNMENT
ADJOURNMENT AT 11:20 P.M. to the Regular City Council Meeting on March 26, 1996 at 6:00 p.m. in the City
Council Chambers.
A Joint Meeting of the City Council/Redevelopment Agency convened at 8:03 p.m. and adjourned at 10:35 p.m.
CLOSED SESSION
Mayor Horton stated that Council would meet in Closed Session to discuss Existing Litigation - Chula Vista and
nine other cities vs. The County of San Diego regarding solid waste issues (trash litigation) and Conference with
Real Property Negotiator - Purchase of property from R.E. Hazard Contracting Company, 1855 Maxwell Road,
Chula Vista, CA.
Councilmember Padilla questioned if the Closed Session item regarding the purchase of property discussion would
be limited to only the purchase of real property and nothing else.
Mr. Boogaard responded that under that item and the litigation involving trash there could be a broader scope of
trash issues discussed.
Council recessed at 7:15 p.m., met in Closed Session at 7:30 p.m., and reconvened as the Redevelopment Agency
at 8:03 p.m..
Council met in Closed Session at 10:40 p.m. to discuss Associated General Contractors, EastLake Park issues, and
SNMB and reconvened at 11:15 p.m.
17. CONFERENCE WITH LEGAL COUNSEL REGARDING:
1. Existing litigation pursuant to Government Code Section 54956.9 · Chula Vista and nine other cities vs. the County of San Diego regarding solid waste issues (trash
litigation).
® SNMB, L.P. vs. the City of Chula Vista.
Anticipated litigation pursuant to Government Code Section 54956.9 · Associated General Contractors of San Diego vs. the City of Chula Vista.
· EastLake Park issues.
CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Pursuant to Government Code Section 54956.8
· Property: Approximately 72.5 acres of property located at the southwest quadrant
of Otay Valley Road and Otay Rio Road, Chula Vista.
Minutes
March 19, 1996
Page 8
Negotiating parties: City of Chula Vista, Los Alisos Company, and MCA Concerts, Inc.
Under negotiation: Extension of escrow for Ground Lease, Tri-Party Agreement and
Sublease Agreements for the above-described property proposed for
development into a 20,000 seat amphitheater.
Purchase of property from R.E. Hazard Contracting Company, 1855 Maxwell Road, Chula Vista,
CA.
CONFERENCE WITH LABOR NEGOTIATOR - Pursuant to Government Code Section 54957.6
· Agency negotiator: John Goss or designee for CVEA, WCE, POA, IAFF, Executive
Management, Mid-Management, and Unrepresented.
Employee organization: Chula Vista Employees Association (CVEA) and Western Council of
Engineers (WCE), Police Officers Association (POA) and International Association of Fire
Fighters (IAFF).
Unrepresented employee: Executive Management, Mid-Management, and Unrepresented.
18. REPORT OF ACTIONS TAKEN IN CLOSED SESSION - No reportable actions were taken in Closed
Session.
by:
Respectfully submitted,
,,BEVERLY A. AUTHELET, CMC/AAE, City Clerk
Vicki C. Soderq~ist, C~eputy City Clerk