HomeMy WebLinkAboutcc min 1994/02/15 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF CHULA VISTA
Tuesday, February 15, 1994 Council Chambers
6:05 p.m. Public Services Building
CALL TO ORDER
1. ROLL CALL:
PRESENT: Councilmembers Fox (arrived at 6:08 p.m.), Hotton (arrived at 6:08 p.m.),
Moore, Rindone, and Mayor Nader
ALSO PRESENT: John D. Goss, City Manager; Bruce M. Boogaard, City Attorney; and Beverly
A. Authelet, City Clerk
2. PLEDGE OF ALLEGIANCE TO THE FLAG. SILENT PRAYER
3. APPROVAL OF MINUTES: February 1, 1994 (City Council Meeting), February 1, 1994 (Joint
Meeting of the City Council/Redevelopment Agency), and February 8, 1994.
MSC (Rindone/Moore) to approve the minutes of February 1, 1994 (City Council Meeting), February I, 1994
(Joint Meeting of the City Council/Redevdopment Agency), and February 8, 1994 as presented. Approved
3-0-2 with Fox and Horton absent.
Councilmember Fox stated the minutes of 2/8/94, page 11, under his comments, third line from bottom, should state
"... he would not vote for a plan that required them to built Norella Street as Bayona was built".
MSUC (Nader/Moore) to approve the minutes of 2/8/94 as corrected by Councilmember Fox.
4. SPECIAL ORDERS OF THE DAY: None submitted.
CONSENT CALENDAR
(Item pulled: 8)
BALANCE OF THE CONSENT CALENDAR OFFERED BY COUNCILMEMBER MOORE, reading of the
text was waived, passed and approved unanimously.
5. WRITTEN COMMUNICATIONS: None submitted.
6. RESOLUTION 17389 REQUESTING THE CALIFORNIA PUBLIC UTILITIES COMMISSION
TO PROVIDE OVERSIGHT IN THE DEVELOPMENT AND GEOGRAPHIC DEPLOYMENT OF FIBER
OPTIC FACILITIES AND OTHER TECHNOLOGIES CONNECTED WITH THE PROPOSED
INFORMATION SUPERHIGHWAY TO ENSURE THAT ALL GEOGRAPHIC AREAS RECEIVE FAIR
AND TIMELY INCLUSION IN THE DEVELOPMENT AND DEPLOYMENT OF THIS NETWORK - The
development of an "information superhighway" -- a fiber optic technology and communications network -- has the
potential for expanding consumer access to education, health care and other products and services throughout the
regions targeted for such upgrades by the communication companies. To ensure that all geographic areas receive
fair and timely inclusion in the development of this network, Council requested on 2/1/94, that a resolution be
prepared asking the California Public Utilities Commission to provide oversight in the superhighway's development.
Staff recommends approval of the resolution. (Director of Management and Information Services)
Minutes
February 15, 1994
Page 2
7. RESOLUTION 17390 ACCEPTING BIDS AND AWARDING CONTRACT FOR THE
CONSTRUCTION OF SIDEWALK RAMPS (PHASE X - FISCAL YEAR 1993/94) AT VARIOUS
LOCATIONS IN THE CITY (ST-513) - In recognition of problems faced by physically challenged residents, the
City has established an on-going program to improve existing sidewalk facilities which lack wheelchair ramps. The
construction of the ramps at various locations enhances the mobility of the residents. The contract represents Phase
X of the program, and provides for the construction of 49 wheelchair ramps. Itshould be noted thatthe wheelchair
ramps to be constructed under the contract comply with Americans with Disabilities Act (ADA) requirements
currently in effect. The work consists of removal of existing curbs, gutters and sidewalk, construction of pedestrian
ramps, sawcutting, relocation of street signs, protection and restoration of existing improvements, and traffic
control. Staff recommends approval of the resolution awarding the contract to A.H. Builders in the amount of
$35,600. (Director of Public Works)
8. REPORT SEWER SERVICE BILLINGS FOR COMMERCIAL AND INDUSTRIAL
ACCOUNTS IN ~HE CITY - On 12/14/93, Council inquired about the current method of billing industries and
businesses for sewer service. The report discusses the manner in which sewer service rates were determined for
these types of users. Staff recommends Council accept the report. (Director of Public Works) Pulled from the
Consent Calendar.
Mayor Nader stated the report had made it sound like the rates had gone up in fiscal year 1993/94 according to
some pre-established formula notwithstanding that Council had not approved a rate increase. He was concemed
about that in light of the numerous concerns he had heard expressed by the local businesses. It was clarified by
staff that the report was misleading in that regard and that the rates in 1992/93 went up over 1991/92, but the rates
in 1993/94 although higher than 1991/92, were the same as in 1992/93 and there had been no rate increase for the
current year. If a local business felt they had seen an increase in their sewer rates there could be an error that
needed to be corrected if they had not had an increase in their usage.
John Lippitt, Director of Public Works, stated those businesses should call the City of Chula, Public Works
Department Sewer Division.
MSUC (Nader/Moore) to accept the report.
* * END OF CONSENT CALENDAR * *
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
9. PUBLIC HEARING CONSIDERING ORDINANCE ESTABLLgHING TELEGRAPH CANYON
SEWER PUMPED FLOWS DEVELOPMENT IMPACT FEE (DIF) TO PAY FOR SEWER
IMPROVEMENTS WITHIN TELEGRAPH CANYON SEWER BASIN AS A CONDITION OF ISSUANCE
OF BUILDING PERMITS FOR CONSTRUCTION IN THE TELEGRAPH CANYON SEWER BASIN - On
10/20/92, the City established the Telegraph Canyon Sewer Development Impact Fee. Based on the "Telegraph
Canyon Sewer Basin Improvement and Financing Plan Amendment Incorporating Pumped Flows" a fee of $560 per
pumped Equivalent Dwelling Unit (EDU) should be established. Staff recommends Council place the ordinance
on first reading. (Director of Public Works) Continued from the meeting of 2/1/94.
ORDINANCE 2582 ESTABLISHING THE TELEGRAPH CANYON SEWER PUMPED FLOWS
DEVELOPMENT IMPACT FEE TO PROVIDE FOR THE CONTINGENT CONSTRUCTION OF SEWER
IMPROVEMENTS WITHIN THE TELEGRAPH CANYON SEWER BASIN IF SEWAGE IS DIVERTED
FROM SALT CREEK AND POGGI CANYONS AS A CONDITION OF ISSUANCE OF BUILDING
PERMITS FOR CONSTRUCTION IN THE TELEGRAPH CANYON SEWER PUMPED FLOWS BASIN
(first reading)
Minutes
February 15, 1994
Page 3
Mayor Nader stated he had been informed that the Olympic Training Center requested the hearing be postponed.
Staff was recommending a three week continuance.
This being the time and place as advertised, the public hearing was declared open.
MSUC (Nader/Fox) to continue the public hearing for three weeks.
Council recessed at 6:12 p.m. and reconvened at 8:13 p.m.
ORAL COMMUNICATIONS
· Bill Nudd, 288 F Street, Suite 1307, Chula Vista, CA, apprised Council that the trees were taking over
the City. There were three species on Third Avenue which were top-rooted trees and not compatible with the
climate. A woman fell on the sidewalk friday in front of M & M Jewelers and he felt them was reason for
immediate concern. One of the trees was over twenty inches at the base and had been girdled which would result
in its dying. Other trees in front of one of the restaurants had a root system of over forty feet long and within two
inches of the sidewalk. He did not feel that knowledgeable tree people were involved in the project. Half of the
trees in that area of Third Avenue, the redevelopment area, should be chopped down and routed out to a depth of
two to three feet with new trees being put in their place. He referred to the new parking lot construction and noted
the water did not drain off the property after the recent rain. He volunteered to help the City in any way he could.
MSUC (Nader/Mayor) to refer Mr. Nudd's comments to staff for a verbal report.
Councilmember Moore stated he had talked to Mr. Nudd and the Risk Manager and City Engineer were aware of
his concerns.
Councilmember Rindone noted the parking lot Mr. Nudd referred to had not been accepted by the City.
Council recessed at 8:19 p.m. and reconvened at 8:33 p.m.
BOARD AND COMMISSION RECOMMENDATIONS
None submitted.
ACTION 1TEMS
10. RESOLUTION 17387 APPROVING AN AGREEMENT WITH MERRICK AND COMPANY FOR
PHOTOGRAMMETRY, SURVEYING, AND PLANIMETRIC MAPPING SERVICES - The Agreement is for
photogrammetry, surveying, and planimetric mapping services to update two very important data sets, which are
the sets of maps showing topographic contours and orthophotos. It will also establish first and second order survey
control points in the City, and it will collect data on the sewer system and other City facilities which will be used
to support the City's infrastructure maintenance programs. All of the data will be in a computer format so that it
may be stored and maintained on the City-wide Geographic Information System (GIS). As part of the GIS, the data
will be developed into various base maps and databases available to all City departments; and, thereby, supporting
City staff in providing accurate and consistent information to the public. Staff recommends Council approve the
resolution awarding an agreement in the amount of $572,128 with Merrick and Company, authorize the expenditure
Minutes
February 15, 1994
Page 4
of $572,128 from the GIS project CIP, and authorize the Mayor to execute said agreement. (Director of Public
Works) Continued from the meeting of 2/8/94.
Mayor Nader stated he had talked to Mr. Bell who had expressed some concerns initially over the potential
capabilities of the program and whether he had been adequately consulted. Staff had consulted with him and he had
an opportunity to more fully review the proposed contract and felt that it was capable of doing all the things he felt
should be included. Therefore, he was satisfied based on those representations from the experts that the City was
ready to go forward.
RESOLUTION 17387 OFFERED BY MAYOR NADER, reading of the text was waived, passed and approved
unanimously.
11. REPORT PROMOTION OF BUSINESSES AFFECTED BY CONSTRUCTION ON
BROADWAY - On 1/11/94, Council directed staff to meet with the Broadway Business Association, Chamber of
Commerce, and other appropriate organizations to develop a strategy to assist businesses located on Broadway which
have been adversely affected by recent street construction. Staff recommends Council accept the report. (Director
of Community Development and Director of Public Works)
Chris Salomone, Director of Community Development, stated staff had been directed to meet with the Broadway
Association and affected businesses and come up with a strategy to mitigate some of the inconvenience and business
losses incurred by the construction of the Broadway project. In addition, staff was developing a strategy for the
future improvements along Broadway to minimize the impacts, to develop processas, and return with a report. Staff
met with the Chamber of Commerce and the Broadway Association and created a liaison with a subcommittee
created by the Broadway Association for that purpose. A meeting would be held on Thursday to develop a strategy
that would include some of the items in the staff report. There were additional items that had been brought to his
attention since their meetings. Some of the ideas could incur costs to the City and staff would return with a report
on that. Others staff would take on immediately upon Council's direction.
Councilmember Rindone stated he would like to add an item to the six bullets on page 11-2, which would be a
single published phone number available to the businesses, particularly the next segment between "I" and "L"
Streets, to answer any questions regarding the performance of the contract, blocking of driveways, etc.
Mr. Salomone responded he would follow-up with an information item on the number.
Cotmcilmember Fox stated he appreciated the direction staff was moving in and the partnerships that were formed
with other organizations but he had hoped it would have gone farther. He wanted staff to keep Council updated
and felt if the direction was to go toward a major event, i.e. Christmas grand opening and/or ribbon cutting, staff
should return by September 1st (for a Christmas grand opening) with a report outlining what the plans were and
what was being asked of Council. He wanted to make sure the event succeeded.
Mr. Salomone felt that was a reasonable timeline and staff would return to Council for direction.
Mayor Nader stated it was not clear in the staff report whether the Broadway Business Association concurred with
the timetable.
Mr. Salomone responded they were working very cooperatively with the City and had come up with additional
suggestions. He felt some of the activities would occur much earlier than Christmas.
Councilmember Moore stated the Broadway Business Association was a very good association, but they needed
assistance. If there was to be interior bus advertising it should be their advertising with City approved conditions.
He felt something should be done before Christmas.
Minutes
February 15, 1994
Page 5
MS (FoxfNader) to accept the staff report and amend to include that on or before September 1st staff would
present an agendized report as to the progress of the Christmas grand opening event and also thirty days
prior to the ribbon cutting event or any other major event planned.
Mayor Nader stated there was a suggestion in the staff report that there would be press releases and advertisements
and one publication was singled out. He hoped that all publications with local circulation, and other media as well,
electronic in particular, would be included.
Councilmember Fox stated staff should not just do a news release, but also follow-up on those releases.
VOTE ON MOTION: approved unanimously.
12. REPORT UPDATE ON SOLID WASTE DISPOSAL ISSUES - An oral report will be
given by staff.
George Krempl, Deputy City Manager, informed Council that 2/15/94 was the deadline for submittal of proposals
for alternate solid waste disposal sites. The City received proposals from Laidlaw Waste, Mid-American Waste
Systems, Inc., Mother Aland, Sexton and Chula Vista Sanitary, and Browning-Ferris Industries of California and
Mine Reclamation Corporation. It was staffs intent to return to Council within the next two weeks with a full
report, outline the evaluation process, and how staff recommended proceeding.
Councilmember Fox noted the City received proposals from companies that had not responded to the North County
RFP.
Councilmember Rindone requested that staff prepare a presentation on the support of regional JPA's.
ITEMS PULLED FROM THE CONSENT CALENDAR
Items pulled: 8. The minutes will reflect the published agenda order.
OTHER BUSINESS
13. CITY MANAGER'S REPORT(S) - None
14. MAYOR'S REPORT(S)
14a. National Maglev Prototype Development Program.
Mayor Nader gave a brief background of the program. A committee had been set up in San Diego County to bring
the program to San Diego County. He wanted to see the Council go on record with the representatives in Congress
and the federal authorities making decision on the award of the program as being supportive of bringing the program
and the types of jobs that it would generate to San Diego County.
MS (Nader/Moore) to have the Council go on record with the federal government in support of the
consortium competing for the program which included San Diego based businesses and in support of
designating a corridor in the San Diego region as a demonstration corridor.
Councilmember Rindone requested that the information be forwarded to Council.
VOTE ON MOTION: approved unanimously.
Minutes
February 15, 1994
Page 6
Mayor Nader request~d that staff prepare the letters on the item.
15. COUNCIL COMMENTS
Councilmember Rindone
15a. Status of community policing (patrol).
Councilmember Rindone questioned when the item would come back to Council as there was a great community
interest.
City Manager Goss responded that the report would be before Council within three to four weeks.
Councilmember Rindone stated he was concerned with that time frame as there were people trained and ready to
go. He questioned whether a pilot program could be instituted until the report came back to Council for action.
City Manager Goss stated some training had occurred and the techniques of community policing had been utilized
by the Police Department. He was unclear as to what Councilmember Rindone was requesting.
Councilmember Rindone requested that the report be brought back to Council even sooner if possible.
Mayor Nader stated community policing was the subject of much interest at the South Bay Crime Forums over the
last several months. He did not want to just address the community policing program which used sworn personnel,
but also community police patrols which utilized seniors, youth, and other volunteers in the community who were
trained to work with the Police Department to patrol the community and control crime. He felt that was the
program Councilmember Rindone was referring to. He hoped that if it was going to be another three to four weeks
the report would include immediate implementation on the part of the Council. It should not be an information item
or report recommending a next step.
City Manager Goss stated it was a public program which he felt would require authority by Council in order to
implement, therefore, it would not be an information item, but an item for Council approval to implement.
Councilmember Rindone stated the Chief of Police had been very supportive of the program and very proactive in
ensuring that some of the most interested participants were trained. It was not only a cost effective program, but
also highly beneficial to the community.
City Manager Goss stated a lot of work had been done by staff and it needed to be reviewed by the Chief. It was
now a matter of pulling it together.
15b. Updated report regarding curfew violations.
Councilmember Rindone stated Council had received a report in October which indicated there were approximately
sixty curfew violations in which the Police Department had actually made an arrest. He wanted to see what could
be done to provide a safe and secure environment. Many times those laws already on the books were effective and
he felt Council needed to make it a priority. He wanted staff to look at the curfew again to make sure that it was
being enforced and that the Department was working closely with the parents regarding notification of violations.
MS (Rindone/Horton) to refer the issue of curfew violations to staff for an update as to enforcement,
coordination with parents regarding violations, parents response regarding notification and violations, and
what the City could do.
Mayor Nader stated he was concerned regarding confusion of the rights of juveniles when arrested with serious
charges. The confusion stemmed from the fact that normally in a juvenile case the juvenile was entitled to
Minutes
February 15, 1994
Page 7
anonymity and the court proceedings were held in a secret manner which would not have been the case with an adult
offender. There was a change in California law several years ago which abolished that anonymity and privacy rights
for juveniles in certain very serious criminal cases. In a recent case there appeared to be some confusion by staff
regarding those laws which resulted in confusion by the public as to the extent of protection the juveniles were
entitled to. He wanted to incorporated into the referral that staff be made aware of the type of treatment that
juveniles could receive if they committed a particularly serious crime so that the City was not affording them rights
that the law did not require the City to afford them. There was a provision that allowed the judge, at his discretion,
to close the hearing but if did not exercise that discretion in a serious offense it should be public.
AMENDMENT TO MOTION: (Nader, agreed to by the Maker and Second of the Motion) the report should
include the general treatment of juvenile suspects and the extent to which the City was using all available laws
to make sure that the rights of law abiding citizens, victims, and their families were upheld over the rights
of criminal suspects.
VOTE ON MOTION AS AMENDED: approved unanimously.
15c. Coordination of nonprint materials collection for EastLake High School Public Library and South Chula
Vista Public Library (CD Rom programs, on line data base, electronic card catalogues, laser disk and
telecommunications). Continued from the meeting of 2/8/94.
Councilmember Rindone stated the Library Director had indicated to him that his intention on the referral would
be done.
MSUC (Rindone/Moore) to direct staff to update Council with a written report on the meetings held with the
school districts so that items were not duplicated or left out, particularly in the area of non-print materials.
15d. Councilmember Rindone stated he had been apprised that there was concern regarding the trees on east "J"
Street uprooting the sidewalks between the area east of Hilltop Drive and west of Melrose.
MS (Rindone/Fox) to direct staff to look into the situation regarding the trees to ensure that all safety aspects
were being met. If Council action was needed it should be brought back as an ngendized item.
Mayor Nader stated he would support the motion, but in the past in response to such concerns there had been
incidents where trees had been cut down wholesale without it coming back to Council or the neighborhood being
made aware. He wanted to make sure that would not happen.
VOTE ON MOTION: approved unanimously.
Councilmember Fox
15e. Discussion of City involvement in the Gospel Music Festival. Continued from the meeting of 2/8/94.
No discussion held.
15f. Support for community-wide Church Coalition's effort in youth programming. No discussion held.
Councilmember Herton
15g. Councilmember Herton stated Council had received an information report concerning a proposed Regional
Mortgage Credit Certificate program. She questioned what the total was of the allocation of funds to the City.
Chris Salemone, Director of Community Development, responded the City had received $15 million over the last
two years.
Councilmember Herton questioned how the program was advertised.
Minutes
February 15, 1994
Page 8
Mr. Salomone responded staff had used different media, i.e. bi-lingual advertisements, cable TV, newspaper ads,
mail-outs, etc. Staff would supply Council with a written synopsis of the program.
Councilmember Horton stated some of the accusations were that the City would not be benefiting from a lower fee
and that there was a no cost option to join.
Mr. Salomone stated staff had been supplied a table which showed that it would cost $165,000 to hire a consultant
to run the program for the County. The performance schedule showed the City performing at the same rate it was
currently performing at. It would probably result in less staff work for City staff, but would incur direct costs for
the consultant and the City would lose the local focus on the community. Local lenders, brokers, and citizens would
have to go outside of the City to access the program. His recommendation was to allow them to go forward without
the City's participation and, if in fact they became effective, the City could join in one or two years.
Councilmember Horton stated several of the brokers had informed her they were very pleased with the cooperation
they received from the City. She felt it was an excellent program for first time buyers.
Mayor Nader felt staff should set down the facts about the Chula Vista program, what it offered, and what it
accomplished and get that letter out to all the agencies that received the letter and to the news media as well to help
publicize the program and make sure there was no misimpression made that Chula Vista was not doing a Mortgage
Certificate program.
Mr. Salomone stated the Star News had indicated it would be the subject of a future article and they would allow
the City to tell their side of the story.
City Manager Goss stated several members of Council had been contacted regarding the item and he expressed
concern there would be three or four different responses.
Mayor Nader recommended staff talk to Councilmembers Horton and Fox.
City Manager Goss stated the City was very proud of the program and staff was surprised when they saw the letter
and what they felt were some misrepresentations. It had been a successful program with a local focus.
Mayor Nader stated Mr. Marino had indicated to him a concern that a lender, because they had to pay a fee to
participate in each existing program, might choose to pass on participation in the Chula Vista Program once the
regional program was established. He felt the profits to be made by participating in another market would
presumably out weigh the expense of doing so and that the incentive would be there to participate in both programs.
Mr. Salomone stated it did not appear to make any sense to him, but he would look into it and report back to
Council.
Councilmember Moore stated Chula Vista was one of the best programs in the County. He was concerned that
bigger was not necessarily better.
Councilmember Moore
15h. Councilmember Moore stated he had talked to the City Manager regarding his concern of missing sidewalks
between potential schools that would be walking students to the new library. He felt Council should consider that
as a top priority in the CIP budget.
ADJOURNMENT
The City Council recessed at 9:25 p.m. and reconvened in Closed Session at 9:30 p.m. to discuss:
Minutes
February 15, 1994
Page 9
Instructions to negotiators pursuant to Government Code Section 54957.6 - Chula Vista Employees
Association (CVEA), Westem Council of Engineers (WCE), Police Officers Association (POA),
International Association of Fire Fighters (IAFF), Executive Management, Mid-Management, and
Unrepresented. Continued from the meeting of 2/8/94.
Pending litigation pursuant to Government Code Section 54956.9 - County of San Diego regarding Daley
Rock Quarry CUP.
Pending litigation pursuant to Government Code Section 54956.9 - Christopher vs. the City of Chula Vista.
Pending litigation pursuant to Government Code Section 54956.9 - EPA vs. the City of San Diego, Chula
Vista amicus party discussion, instructions to attorneys.
Pending litigation pursuant to Government Code Section 54956.9 - Chaparral Greens vs. the City of Chula
Vista, Baldwin.
Pending litigation pursuant to Government Code Section 54956.9 - Chula Vista vs. San Diego Shipbuilding.
Potential litigation pursuant to Government Code Section 54956.9 - Chammas vs. the City of Chula Vista.
ADJOURNMENT AT 11:00 P.M. to the Regular City Council Meeting on February 22, 1994 at 6:00 p.m. in the
City Council Chambers.
A meeting of the Redevelopment Agency convened at 6:12 p.m., recessed at 8:13 p.m. , re. convened at 9:25 p.m.
and adjourned at 9:30 p.m.
Respectfully submitted,
-- BEVERLY A. AUTHELET, CMC, City Clerk
by: ~cicki C. Soderquist, Deputy C~!erk