Loading...
HomeMy WebLinkAboutcc min 1990/08/14. MINLrI'ES OF A REGULAR IumRTING OF THE CITY OF CHULA VISTA Tuesday, August 14, 1990 Council Chambers 6:00 p.m. Public Services Building CALL TO ORDER 1. ROll. CAIn: PRESENT: Councilmembers Malcolm, Moore, Nader, and Mayor Cox ABSENT: Councilwoman McCandliss AhSO PRESENT: John D. Goss, City Manager; Bruce M. Boogaard, City Attorney; and Beverly A. Authelet, City Clerk 2. PLEDGE OF ALI.F. GIANCE TO THE FLAG. SILENT PRAYER 3. APPROVAL OF MINUTES: May 29, July 17, July 24, and August 7, 1990 Mayor Cox noted the minutes of July 17th would have to be continued due to the absence of Councilwoman McCandliss. He stated he and Councilman Nader would watch the video tape in order to vote on those minutes at the next meeting. MSC (Moore/Cox) to approve the minutes of May 29, July 24, and August 7, 1990 as presented. Approved 4-0-1 with Councilwoman McCandliss absent and Councilman Nader abstaining on the minutes of July 24, 1990. 4. SPECIAL ORDERS OF TIlE DAY: a. Oath of Office - Resource Conservation Commission: Joe Ghougassian Otay Valley Project Area Committee: John McMahon and A.W. Hall Oath of office was given to Joe Ghougassian and A.W. Hall by City Clerk Authelet. b. Proclaiming the Month of September 1990 as 'PROFESSIONAL SECURITY MONTH' - Proclamation will be presented to Tom Gaines, Member of the American Society for Industrial Security (San Diego County). Mr. Gaines was not present at the meeting. c. Introduction of Foreign Exchange Students from Odawara, Japan: Kouji Hirano, Junko Uchida, Reiko Furusawa, Chika Fujiwara, Amanda Jones, and Abraham Broudy. Councilman Moore stated there would be a delegation of approximately 30 to 50 people from Odawara visiting Chula Vista in October. If the public is interested in participating in the activities, they are to contact the Mayor's office for further information. Mayor Cox acknowledged the gift of bells and photo album presented to the City from the students of Odawara he had received a letter from the Odawara Council inviting a team to participate in the 10th Odawara City/Schools Marathon Relay Race. Odawara will provide the airfare, housing, etc. and has requested that the City Council choose the team. Minutes August 14, 1990 Page 2 ) Odawara City/Schools Marathon Relay Race. Odawara will provide the airfare, housing, etc. and has requested that the City Council choose the team. CONSENT C31.~NDAR (Items pulled: 5a, 7, 15, 17A & B, 20, 21, 22) BAIANCE OF THE CONSENT CAI .RNDAR OFFFAIED BY MAYOR COX, reading of the text was waived, passed and approved 4-0-1 with Councilwoman McCandliss absent 5. W1LI'I'I'EN COMMUNICATIONS: a. Request from Rancho Del Rey Partnership, Douglas Fuller of Fuller Ford, David Ontway of Southbay Chevrolet regarding auto park devdopment on East H Street - Staff recommended the item be referred to staff with direction to bring back to Agency and Council, at a joint public meeting, a recommendation as to the alternatives for proceeding with development of an auto park. Pulled from the Consent Calendar. Councilman Nader stated he would abstain from participating on this item as his home was located in the area being discussed. Mayor Cox stated Councilwoman McCandliss had submitted a written memorandum requesting that the Council support the recommendation and withdraw the Rancho Del Rey site from consideration as an auto park and to search for a more suitable site. Mayor Cox felt an auto park was important to the long term economic viability of the City. The City is in the lower half of surrounding cities regarding sales tax revenues. All cities in the upper half have auto parks. He also felt Mr. McMillin should be commended for allowing the discussion of his property regarding an auto park. MS (Cox/Malcolm) to accept the request of Mr. McMillin, Mr. Fuller. and Mr. Ordway, and withdraw the Rancho Del Rey site from consideration as a proposed auto park. Councilman Malcolm expressed his appreciation to Mr. McMillin. He also acknowledged NADA for their rational approach, efforts to obtain correct information, and their offer to help the City of Chula Vista regarding another auto park site. Councilman Moore felt there were only two things that would allow the City to maintain the current level of service. One would be the bayfront, and he did not see that happening in the near future, and the other would be an auto park. He stated the City needed an auto park and the sales tax revenues that would be generated. He urged the Council and the citizens to get behind the formation of an auto park within the Nick Aguillar, 936 Redbud Road, Chula Vista, California, spoke in support of the staff recommendation. He commended McMillin for their action in withdrawing the Rancho Del Key site. He affirmed his support of an auto park for the City and hoped Council would continue their negotiations regarding other sites. He stated it was a gratifying experience to have the public participation, but he urged the Council to review the notification procedures to insure that there is timely notice. He also felt it was time to look at different mechanisms to involve the public in land decisions, i.e. community planning groups. Minutes August 14, 1990 Page 3 Mayor Cox responded that the noticing procedures have been referred to staff for a report back to Council. He felt the process had been well served and might result in some changes. Patricia Collure, 936 Redbud Road, Chula Vista, California, representing NADA (No Auto Dealerships Allowed), stated she appreciated Councilman Malcolm's comments. She stated they were delighted by Councirs decision regarding this site. She encouraged Council to pursue another site as NADA agreed that the City needed an auto park. Brenda Khaleghi, 1367 Blue Falls Drive, Chula Vista, California, recommended the total withdrawal of the H Snceet site, move ahead with the Otay Valley property, and continue to look for alternative sites. She also felt that notices should be sent to area residents, within a minimum of a two to three mile radius, and a neighborhood planning group should be formulated in order to obtain public input. VOTE ON MOTION: Approved 3-O-1-1 with Councilwoman McCandliss absent and Councilman Nader abstaining. b. Clalm~ against the City:. 1) Cass Consu'uction Company, c/o Royce, Grimm, Vranjes, McCormick & Graham, Attorney at Law, 185 West F Street, Suite 200, San Diego, CA 92101 - It is the recommendation of the Citys Risk Management Division, and Daley & Heft, the City's counsel, that the claim submitted by Cass Construction be denied. 2) Mr. Jesus Sanchez, 3) Mr. Rafael Medina, 4) Mr. Moises Zamora, 5) Mr. Juan Sanchez, and 6) Iris. Maria de Jesus Diaz, Martha Munllo, Jose Mur~lo and Jose~na Murillo, Heirs of Margarito Murillo, c/o Law Offices of Robert B. Gerard, 1516 Front Street, San Diego, CA 92101 - City's counsel, Daley & Heft, recommends denial of the five claims based on remote liability on the part of the City. Risk Management and City's claims adjustors, Carl Warren & Company concur in the recommendation. c. Letrex regarding the hiring of TopMark as consultants for the City of Chula VLsta, Frank A. Scott, 4 East San Miguel Drive, Chula Vista, California 92011. Staff recommended that Mr. Scott's letter be received and filed and that no further action be taken in regard to it in light of the following facts: 1) No City Council closed session minutes disclose that the City Council took any action to retain TopMark; 2) All agreements/purchase orders for the retention of TopMark were executed by John Goss, or his designated staff member; and 3) Mr. Goss acknowledges that he, or his designee, retained TopMark pursuant to, and within the limits of his authority to retain consultants; 4) There appears to be no evidence for concluding that any violation of the conflict of interest laws have occurred; and 5) alternative avenues exist for the determination of any violations of the conflict of interest laws, including but not limited to the Public Records Acts and the investigative powers of the Fair Political Practices Commission. Iqt.~ 6. ORDINANCE 2388 REPF.,ALING AND RE-ENACTING CHAPTER 2.09, AND AMENDING, REPEALING AND RENUMBERING VARIOUS SECTIONS OF CHAPTER 2.10 OF THE CHULA VISTA MUNICIPAL CODE TO CREATE THE DEPARTMENTS OF POLICE AND FIRE AND ABOLISH THE DEPARTMENT OF PUBLIC SAFETY (second reading and adoption) - On 7/17/90 Council took action to approve the appointment by the City Manager of Sam Lopez as the new Fire Chief for the City of Chula Vista. The proposed ordinance will clean up anachronistic language in the existing Municipal Code creating the Fire Department, modernize the title to Fire Chief, as well as repeal the current chapter relating to the Director of Public Safety and replacing it with a new chapter creating the Police Department and its department head. Staff recommends placement of the ordinance on second reading and adoption. (City Attorney/Police Chief/Fire Chic0 I,~1 ,~t Iqt .1.5 7. ORDINANCE 2389 ADDING SECTION 19.60.041 AND AMENDING SECTIONS 19.60.545, 19.60.550, 19.60.560, 19.60.570 AND 19.60.580 OF THE CHULA VISTA MUNICIPAL CODE I~F.I ATING TO Minutes August 14, 1990 Page 4 POLITICAL SIGNS (second readinN tnd adontion) - Council has requested that the City Attorney bring back ir's political sign ordinance with the objective of making it more closely conform m current constitutional standards, and hence making the ordinance more enforceable. Staff recommends placement of the ordinance on second reading and adoption. (City Attorney) Pulled from the Consent Calendar Councilman Nader stated that at the last meeting, the City Attorney had been requested to review the provision regarding notice and hearing for oversized signs. He questioned whether there had been a change in the ordinance from the first reading. City Attorney Boogaard stated there had been no change from the first ordinance. It was his understanding that Council direction had been to study the twenty-four hour noticing procedure for signs that do not comply. His staff is studying this issue and will have an amendment prepared for a later date. It was his recommendation that Council approve the ordinance tonight. ORDINANCE 2389 PLACED ON SECOND READING AND ADOPTION BY COUNCILMAN NAt)ElL reading of the text was waived. Councilman Malcolm stated he hoped staff would check to see that all existing zoning designations were covered in the ordinance. VOTE ON ORDINANCE 2389: Approved 4-0-1 with Councilwoman McCandliss absent City. Attorney Boogaard stated the policy incorporated in his memo, as a result of his discussion with Mr. l.arsen, would be that the City will not enforce the current thirty day limitation due to the constitutional problems identified. All candidates were invited to the meeting tonight so they would be able to participate ' in the discussion. The three month regulation will not go into effect until September 14, 1990, ff it were --' in effect now, candidates could have begun posting signs one week ago. Conncilman Nader felt if that was the intent, it should have been posted as an urgency ordinance. He did nor feel a thirty day waiting period, to have the ordinance go into effect, was unreasonable. Councilman Malcolm noted that according to the Supreme Court ruling, the City would be in violation if signs were taken down. He felt the City Artorney's recommendation was correct due to the Court ruling. MS (Nader/Malcolm) direct staff to continue enforcing the ,~inting ordinance until the new ordinance takes effect and direct the City Attorney to report back to the Council ff any legal ramifications arise. Councilman Malcolm questioned whether the City would be violating the court action fit.he City took down signs now. City Attorney Boogaard stated the City would be in violation due to the case he had previously referenced. Mayor Cox stated he would not support the motion and he had reluctantly supported the recommendation of the City Attorney due to the legal issues. SUBSTITUTE MOTION: (CoX/Malcohn} to accept the City Attorney's recommendation (which would not enforce the existing ordinance) and write a letter to the candidates, for City Council and other candidates on the ballot in November, telling them of Council action and the reluctance in modifying the exLsting ordinance, and asking them to abide by the existing ordinance until September 14th, although they are not legally bound. Minutes August 14, 2990 Page 5 Councilman Nader stated he would suppor~ the substitute motion as being better than taking no ~ur~her action at all. VOTE ON SUBb-I1TLJTE MOTION: Appmved 3-0-1-1 with Counc~woman McCandliss absent and Cotmc~man Moore abstaining. 8. ORDINANCE 2390 AUTHORIZING THE AMENDMF_a'Tf TO THE PEPS CONI/L~CT FOR FIREFIGHTERS {second readin~ and adoption) - Staff recommends Council place ordinance on second reading and adoption. (Director of Persormel) MSC (Cox/Moore) to continue Ordinance 2390 {second reading and adoption) to the meeting of August 28, 1990 in order to meet notification requirements. Approved 4-O-1 with Councilwoman McCandliss absent. 9. RESOLUTION 15765 APPROVING ~jrtY COUNCIL POLICY REGARDING CITY PARTICIPATION IN POLITICALLY l~RlATED EVENTS - Staff recommends approval of the resolution. (City Manager and City Attorney) / q l .~ 8 10.A. RESOLUTION 15766 APPROVING AGBRRMENT BETWEEN THE CITY OF CHULA VISTA AND ADULT PROTECTIVE SERVICES AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGRRF-MENT - The City Council approved allocation of 1990-91 CDBG funds to social senrice and housing assistance agencies on 5/22/90. HUD requires written agreement with each sub-recipient of the allocation. Staff recommends approval of the resolutions. (Director of Community Development) /~/I,~; B. RESOLUTION 15767 APPROVING AGRRRMENT BETWEEN THE tl-lY OF CHULA VISTA AND ALTRUSA CLUB OF CHULA VISTA AND AUTHORIZING THE MAYOR TO F. XECUTE SAID AGB RRMF~IT C. RESOLUTION 15768 APPROVING AGI~RMENT BETWEEN THE CITY OF CITLILA VISTA AND EPISCOPAL COMMUNITY SERVICES AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGI~REMENT D. RESOLUTION 15769 APPROVING AGBRRMENT BETWEEN THE CITY OF CHULA VISTA AND JOBS FOR YOUTH AND AUTHORIZING THE MAYOR TO EXECIfI~ SAID AGI1RRMENT /q/y2 E. RESOLUTION 15770 APPROVING AGBR~MENT BETWEEN THE CITY OF CHULA VISTA AND LUTHERAN SOCIAL SERVICEq OF SOIrlHF, RN CALIFORNIAAND AUTHORIZING THE MAYOR TO EXECUTE SAID AGBREMF2M'T /q/ F. RESOLUTION 15771 APPROVING AGBRRMENT BETWEEN THE CITY OF CHULA VISTA AND SENIOR ADULT SERVICES AND AUTHORIZING THE MAYOR TO EXECIfI~ SAID AGBF-F. MENT G. RESOLUTION 15772 APPROVING AGIIEF, MENT BETWEEN THE t2'i'~ OF (]-IULA VISTA AND SOLrI'H BAY COMMUNITY SERVICES AND AUTHORIZING THE MAYOR TO EXECIfI~ SAID AGREEMENT H. RESOLUTION 15773 APPROVING AGRRRMENT BEI'WEF. N THE CITY OF CHULA VISTA AND METROPOLITAN YMCA OF SAN DIEGO COUNTY AND AUTHORIZING THE MAYOR TO EXECUq~ SAID AGI~RRMENT ,/4/~ ~ Minutes August 14, 1990 Page 6 I. RESOLUTION 15774 APPROVING AGREEMENT BEI%qF/2~ THE (;fi Y OF CHULA VISTA AND METROPOLITAN YIVICA OF SAN DIEGO COUNTY AND AUTI-{ORI21NG THE MAYOR TO EXECUTE SAID AGREEMENT J. RESOLUTION 15775 APPROVING AGREEMENT BETV~,Y_2q THE CITY OF CHULA VIgrA AND VISTA HILL COM1WLINITY TREATMENT SYSTEMS AND AUTHORIZING THE MAYOR TO EXECLrrE SAID AGREEMENT Iql~E K. RESOLUTION 15776 APPROVING AGRF. F. MENT BF. TWEF~ THE CITY OF CHULA VISTA AND METROPOLITAN YMCA OF SAN DIEGO COUNTY AND AUTHORIZING TI-IE MAYOR TO EXECUTE SAID AGREEMENT 21. RESOLLrHON 15777 APPROPRIATING AND AUTHORIZING E~PENDITURE OF $2,500 FROM THE SPAY/NEUTER FUND TO THE COALITION FOR PET POPULATION CONTROL - On an annual basis the Coalition for Pet Population Control declares the month of November as "Spay/Neuter Your Pet Month". Dm-ing this month all area Animal Control Agencies and Humane Societies support the publicizing of the spay/neuter month by donating money towards the campaign. A donation of $2,500 is recommended to be given to CPOPC from the spay/neuter account. Staff recommends approval of the resolution. (Police Chief) 12. RESOLUTION 15778 ACCEPTING PUBLIC IMPROVEMF2ql], PORTIONS OF RANClIO DEL REY PARKWAY AND AVENIDA DEL REY IN THE RANClIO DEL REY SPA I AREA - Rancho del Rey Partnership has completed the public improvements of portions of Rancho del Rey Parkway and Avertida del Rey in the Rancho del Rey SPA 1 Area. These improvements were built via consreaction permit no. PC-565 issued on 1/12/89. Staff recommends approval of the resolution. (Director of Public Works) 13.A. RESOLUTION 15779 APPROVING FINAL MAP AND SUBDMSION IMPROVEMENT AGR RF. MENT FOR CHULA VISTA TRACT 89-14, MONTILLO, PHASE I - Staff recommends approval of the resolution. (Director of Public Works) I~] Iql~h,~ B. RESOLLrTION 15780 APPROVINGFINALMAPANDSUBDMSIONIMPROVEMENTAGRREMENT FOR CHULA VISTA TRACT 89-14, MONTILLO, PHASE 2 - Staff reeornmends approval of the resolution. (Director of Public Works) IqTt~ C. RESOLUTION 15781 APPROVINGFINALMAPANDSUBDMSIONIMPROVEMENTAGRRF-MENT FOR CHU[~ VISTA TRACT 89-14, MONTILLO, PHASE 3 - Staff recommends approval of the resolution. (Director of Public Works) D. RESOLUTION 15782 APPROVING FINAL MAP AND SUBDMSION IMPROVEMF2qT AGREEMENT FOR CHULA VISTA TRACT 89-14, MONTILLO, PHASE 4 - Staff recommends approval of the resolution. (Director of Public Works) 14. RESOLUTION 15783 APPROVING FINAL MAP AND SUBDMSION IMPROVEMENT AGREEMENT FOR CHULA VISTA TRACT 88-1, RANCHO DEL REY, SPA 1, PHASE 2, UNIT 12 - Staff recommends approval of the resolution. (Director of Public Works) Minutes August 14, 1990 Page 7 15. RESOLUTION 15784 TRANSFERRING FUNDS° ACCEPTING BIDS, AND AWARDING CONTRACT FOR STREET IMPROVEMENTS FOR FIFIH AVENUE FROM 'L" b-rKEET TO NAPI.Kq STREET IN THE CITY OF CHULAVISTA - Bids for the Fifth Avenue improvement project were received on 8/1/90. The resolution will award the contract to the low bidder, Southland Paving of Escortdido, in the amount of $880,310.72 (for street closed alternative) and transfer additional funds for the project. Staff recommends approval of the resolution. (Director of Public Works) Pulled from the Consent Calendar City Attorney Boogaard stated he had been advised by the second lowest bidder that their attorney would be in attendance tonight, however, he did not see him. The staffs recommendation is to award to the low bidder and waive the defect. As a result of the conference with the attorney for Southland Paving, it is his recommendation that the resolution be inte~ineated. Page 2, second from the last paragraph, should include: that the bid be awarded on the condition that Southland Paving offer an indemnity regarding the waiver of defect in a form satisfactory to the City Attorney. They have agreed to do this and he felt it would protect the City as to costs that may be incurred by waiving a defect, which in his opinion was a minor immaterial defect. MSC (Cox/Moore) to amend Resolution 15784 to include the City Attorney's recommendation. Approved 4-0-1 with Councilwoman McCandliss absent. David Golia, 8555 Aero Drive #208, San Diego, California, Attorney representing Southland Paving, Inc., stated they supported staff recommendation and agreed to the City Attorney's rendition of the hold harmless agreement. City Attorney Boogaard stated it would take a 4/5's vote. Clifford Swanson, City Engineer, stated staff had reviewed the letter received from Hazard Paving. Staff felt that under the conditions whereby the award was not made to the bidder with the shorEest time frame, the lack of a schedule becomes immaterial. Turning in the bid in that manner, indicated they had accepted the maximum time frames. The liquidated damages would be $500.00 per day with the maximum time period of 60 calendar days for which the contractor can have any portion of Fifth Avenue closed to through traffic. City Attorney Boogaard stated the liquidated damages would begin accruing at the end of the 120 days. The liquidated damages do not run from the 60 days but only from the t20 days. Mr. Golia stated they had planned to close only one section at a time, for nventy days, so the entire road would not be closed for sixty days. RESOLUTION 15784, AS AMENDED, OI.'FERFA) BY MAYOR COX, reading of the text was waived, passed and approved 4-0-1 with Councilwoman McCandliss absent. 16. RESOLUTION 15785 APPROVING JOINT POWERS AGreeMENT BETWEEN THE COUNTY OF SAN DIEGO AND CITY OF CI-IULA VISTA FOR THE DESIGN OF ROAD IMPROVEMENTS ON BONITA ROAD - The City included in the FY 1988-89 Capital Improvement Program, a project for construction of dual left turn lanes at Bonita Road and Otay Lakes Road. Staff was in the process of obtaining consultants to design the project when they became aware of a County project for road improvements on Bonita Road within the Count3/s jurisdiction near the same location. Therefore, it was felt that a corporate agreement with the County for the design of both improvements would best serve both agencies. Staff recommends approval of the resolution. (Director of Public Works) tqJ'/8 Minutes August 14, 1990 Page 8 17.A. RESOLDTION 15786 APPROVINGAMF. NDMENTTOCONSULTANTAGI~RRMF..NTFORGROWTH MANAGEMENT PROGRAM WITH WILLDAN ASSOCIATES - On 3/22/88, Council approved an agreement with Willdan Associates and George Simpson to prepare the City's Growth Management Program. Subsequently in July, 1989, Bud Gray was retained to fulfill Mr. Simpson's contract. Both of these contracts need to be extended due to the continuing review and discussion of the program. Staff recommends approval of the resolution. (Director of Planning) Pulled from the Consent Calendar Iql~lf' B. RESOLLrYION 15787 APPROVINGAMENDMENTTO CONSULTANTAGRI~-RI~F. NTFORGROW]'H MANAGEMENT PROGRAM WITH BUD GRAY AND ASSOCIATES - Staff recommends approval of the resolution. (Director of Planning) Pulled from the Consent Calendar /qtSo Councilman Malcolm stated he would abstain from voting on Resolutions 15786 and 15787 due to the appearance of possible conflict of interest. Fred Drew, 1275 Banner Avenue, Chula Vista, California, stated he was opposed to the City hiring consultants when there were citizens available to serve at no cost. He would also like to see the Council restrict themselves to five minutes during their discussions. Councilman Nader stated he had voted for the General Plan with the assurance that it would be ready October, 1989 and now it appeared that it would not be ready until December of this year. He felt he was over a barrel in that if he voted no for the extensions, the City would not have the implementation plan which he felt was the most important part of the General Plan. He was extremely unhappy and questioned whether the prior contact stipulated a completion date. He questioned whether it was the staffs and consultant's understanding that the plan addresses the traffic, water and air issues. Robert Leiter, Director of Planning, responded that the prior contract stipulated a completion date of July 1, 1990. The extension is to allow for the completion of the entire program. The draft program will be presented to the Council at the end of August and the remainder of the time will be utilized for additional review or Council direction regarding follow-up conditions. The specific direction from Council regarding traffic, water and air issues had come from prior meetings with Council and the consultents and the reports and recommendations will deal with those. The consultants are being paid progress payments by specific tasks, and the contract would not be paid off until the report meets the City's satisfaction. MS (Nader/Moore) to accept staffs recommendation (to approve Resolutions 15786 and 15787) and direct staff to bring back to Council a schedule of intended payments to the consultant and a recommendation for a timetable by which specific Council approval of payments would be required. Deputy City Manager Krempl stated that during the project, there had been a death of one of the project managers which caused a delay in the project. Staff has requested a fuller audit of payments as the project is over budget. He was not certain that there were any monies to be paid, but noted the consultant was under obligation to complete the project. VOTE ON MOTION: Approved 3-0-1-1 with Councilwomen McCandliss absent and Councilman Malcolm abstaining. 18. RESOLUTION 15788 APPROVING THIRD AMENDMENT TO PERSONAL SERVICE CONTRACT VVITH SHLrI'E, MIHALY & tNEINBERGER TO PROVIDE LEGAL SERVIC-Eq WITH REGARD TO SDG&E PROCEEDINGS BEFORE THE CALIFORNIA ENERGY COMMISSION AND APPROPRIATING FUNDS THEREFOR - Request will authorize third amendment to include additional services and compensation for Phase I and part of Phase II of the NOI proceedings for a potential second SDG&E power plant site in Chula Minutes August 14, 1990 Page 9 Vista. Staff recommends approval of the resolution, appropriation of funds to support the new services, and authorization for the Mayor to execute the amendment. (City Attorney) Councilman Malcolm gave a brief description of the proposed expansion by SDG&E. He noted that all fuels utilized by SDG&E were tankered into San Diego bay and off loaded in National City. Due to the tankering, air, and water pollution, the Council was against the proposed expansions. 19. RESOLUTION 15789 APPROVING ARG~ FOR THE CITY PROPOSITIONS ON THE NOVEMBER 6, 1990 BALLOT - Staff recommends approval of the resolution. (City Attorney) Pulled from the Consant Calendar /q/5~ RESOLUTION 15789 OIl'FAtED BY MAYOR COX, reading of the text was waived. Mayor Cox questioned whether Council would have to stipulate that rebuttals would not be allowed. City Attorney Boogaard responded that Council should make that public knowledge. The resolution should be modified, in lieu of the existing paragraph to read: "Be it further resolved that rebuttals will not be permitted by either side to this argument'. AMENDMENT: (Cox/Moore) to mend Resolution 15789 as per the City Attorney's recommendation. Councilman Nader stated he disagreed with the amendment and felt rebuttals allowed people on both sides to make clarifications and he felt rebuttals should be allowed. Mayor Cox responded that Council, in the past, had precluded rebuttals. He understood Councilman Nader's concerns but did not feel the issues would generate significant opposition. VOTE ON AMENDMENT: Approved :3-1-1 with Councilman Nader voting no and Councilwoman McCandliss absent. AMENDMF2CY: (NaderAMoore) to amend Resolution 15789 to read: 'It is desirable to expand the number of opportunities .....'. Approved 4-0-1 with Councilwoman McCandliss absenL VOTE ON RESOLUTION 15789 AS AMENDED: Apprnved 4-O-1 with Councilwoman McCandliss absent 20. REPORT CHUIA VISTA GIRLS SOFIBALL LEAGUE'S REQUEST TO IMPROVE PLAYING CONDITIONS AT ORANGE AVENUE SOFrBALL FIRI.nS - A representative from the Chula Vista Gi~'s Softball Association appeared before the Special Parks and R.ecreation Commission meeting on 7/7/90 and the Council meeting on 7/12/90 to request immediate action to alleviate some safety hazards and approve modifications to improve the quality of the softball playing fields. Staff recommends approval of the resolution and request for a special appropriation from the unappropriated general fund revenue to have two new backstops constructed and installed. (Acting Director of Parks and Recreation) Continued from 8/7/90 meeting. Pulled from the Consent Calendar B. 1LESOLUTION 15761 APPR. OVING SPEC]AI, APPROPRIATION TO HAVE TWO NEW BACKSTOPS CONb-i KUC-iP~D AND INSTAI.I.~n AT 'rlqE ORANGE A~rrJql/E FIRI.nS Minutes August 14, 1990 Page l0 Councilman Nader noted the request from Mr. Cooper, and the unanimous recommendation from the Parks and Recreation Commission, to realign two ball fields, and he questioned why staff was recommending alignment of only one field. Jess Valenzuela, Acting Director of Parks and Recreation, responded that field #4 (proposed location) was in the direct line of left field for the Pony League, which would be considered as unsafe. Once that was determined, staff then recommended against the realignment. It was his understanding that Mr. Cooper was in agreement with staff recommendation to deny the request. This information was not available when the Parks and Recreation Commission met. MSC (Nader/Malcoim) to approve Resolution 15761. Approved 4-0-1 with Councilwoman McCandliss absent. 21. REPORT REQUEST FOR AN AI/,-WAY STOP AT OIY2dqDER AVENUE AND EAST OXFORD STREET - An all-way stop study completed by staff shows that this intersection did not meet the minimum requirements needed to justify the addition of an all-way stop. The police department is providing enforcement of the 25 mph speed limit. Staff recommends Council deny the request for an all-way stop at the intersection of Oleander Avenue and East Oxford Street. (Director of Public Works) Pulled from the Consent Calendar John D. Adams, 1168 Oleander Avenue, Chula Vista, California, requested that an all-way stop be placed at Oleander Avenue and East Oxford Street. He stated he had noticed an increasing speed over the last five years and felt it had become a major north/south corridor between Telegraph Canyon Road and Otay Valley Road. He did not feel additional police enforcement would help, the traffic needed to be stopped. He also noted the amount of pedestrian traffic due to schools and public parks and requested Council reconsider the request. Gary Matthews, 1188 Oleander Avenue, Chula Vista, California, urged Council to reconsider stags recommendation and install the all-way stop. He referenced several accidents that have occurred and also numerous occasions for near misses. He did not feel additional enforcement would alleviate the problem. Councilman Malcolm stated he had received a letter regarding this intersection. He felt that because of the park and other amenities that draw youth, there should be increased safety. He agreed with staff that due to the warrants, the intersection did not qualify for an all-way stop, but he believed that due to the facilities an all-way stop should be installed. Councilman Nader agreed with Councilman Malcolm's comments. He noted the "unusual condition" warrant which stated points were given for school, park, and obstruction of vision. He felt there should be a greater emphasis on pedestrian safety, and in particular children. Paul L. Greene, Chula Vista, California, stated that children having to cross streets in order to attend school should be protected. MS (Malcolm/Nader) to install an all-way stop sign at the intersection of Oleander Avenue and East Oxford Street. Mayor Cox stated in looking at the park and school and questioned the usage of a pedestrian activated signal but noted the significant cost and delay. He would support the motion to help ensure the maximum amount of safety. ) Minutes August 14, 1990 Page 11 VOTE ON MOTION: Approved 4-O-1 with Councilwoman McCandiiss absent. Councilman Moore felt there was a problem with the warrant system and suggested that a letter be written to the appropriate agencies recommending a review of the warrant system, and emphasizing unusual conditions. MS (Mooreftqader) to direct staff to draft correspondence, over the Mayors signature, to the appropriate State agency requesting review of the warrant system and emphasizing the unusual condition section. Councilman Nader questioned whether there was a legal impediment to the City, ff staff modified the weight of the categories for the warrant system. City Armmey Boogaard stated he would have to consult with the Engineering Department and the authorities that developed the system and then advise Council. Councilman Nader requested that a referral to the City Attorney be included in the motion. Councilman Moore stated he would not object to the referral. VOTE ON MOTION AS AMENDED: Approved 4-0-1 with Councilwoman McCandiiss absent. 22. REPORT TRAFFIC CONCERNS FOR NACI ON AVENUE SOUTH OF FAST 'L' STREET - An area resident expressed concern over the speed of vehicles and number of traffic accidents on Nacion Avenue near Nita Court. Staff recommends that white edgelines be painted on Nacion Avenue from Roman Way to East "L" Street. (Director of Public Works) Pulled from the Consent Calendar /q.g~5 Rick Mathias, 926 Nacion Avenue, Chula Vista, California, stated he had intended to speak in favor of the staff recommendation, but after Council action on Oleander he felt the City should close down Naples at Nacion. He stated he has worked with City staff and had been told that the white lines were effective. He now felt that he had been misled and requested that Naples be closed down on the south end. He further requested that the tractor trailers be removed from the street. Councilman Moore stated he had looked at this site, and noted three accidents which resulted in near misses of houses. Hal Kosenberg, Traffic Engineer, stated the cost of rumble strips would not be excessive but he expressed his concern over the liability the City could incur due to a motorist losing control of their vehicle, a pedestrian tripping, or a bicyclist losing control. These are not sanctioned devices in the California Traffic Control manual. He stated a speed hump has been used successfully in other cities, but there is a standard which states they should not be used on streets with steep Fades such as Nacion. MS (Cox/Nader) to accept the recommendation and refer back to staff to evaluate other steps that might be talcan to further address the concerns brought to Council by Mr. Matbias. This is to include speed humps, rumble strips, dots, guard rails, asphalt berm along the edgeline or other devices which might further address the concern of speed or loss of control. Mayor Cox stated that Mr. Mathias' request would be included in the report. VOTE ON MOTION: Approved 4-O-1 with Councilwoman McCandiiss absent. Minutes August 14, 1990 Page 12 * * END OF CONSENT CALENDAR * * PUBI~IC HEARINGS AND RFLATFi) RESOI.UTIONS AND ORDINANCES None Scheduled OTHER BUSINESS 23. ORAL COMMUNICATIONS 23a. Rick Mathias, 926 Nacion Avenue, Chula Vista, California, stated he would like to construct a B1VIX Park. He would need approximately five acres of land and the facility would be sanctioned by the American Bicycle Association. The facility would have no permanent fixtures and the property would be surrounded by a six foot fence. He questioned whether the City had properly available for rent or whether the City was interested in such a facility. I~ll5 ~ MSC (Cox/Nudes) to refer this item to staff with a report back to Council. Approved 4-O-1 with Councilwoman McCandliss absent. 23b. Fred Drew, 1275 Banner, Chula Vista, California, stated he was running for Council and wanted to address the number of secret meetings held by Council, in the past and currently. He requested that he be ullowed, as a candidate, to attend the closed meetings to determine for himself and his constituency why they need to be closed. He also questioned why the public is limited to three minutes for their comments. City Attorney Booguard responded that there had been recent changes in announcing closed session meetings. The back of the agenda contains the seven reasons the State Legislature has sanctioned the City Council to meet in closed meetings. The basic theme for closed session is that if certain information being discussed, if made public, would act to the prejudice of the City's best interest. The closed sessions are artended by the City Attorney, City Manager, and various members of the staff, as appropriate, along with the City Council. All were semi-monitoring what is going on, and ff anything was started that did not comply with the seven reasons for closed session, it was immediately brought to Council's attention. He stated it was his opinion that there were no improper activities in the closed sessions, since he had been here. Attached to the meetings is a strict confidentiality, that according to the Attorney General, would not even be disclosed by a majority vote of the City Council. Councilman Malcolm responded that the inability to act upon items under Oral Communications was mandated by the State Legislature and he also felt it was unfair to the public. Councilman Nader stated he and Councilman Malcolm felt it would be beneficial to tape closed sessions in order to help new Councilmembers "come up to speed", rather than guess what had been done in the past. 24. ITEMS PULLED FROM THE CONSENT CAI.RNDAR (Items pulled: 5a, 7, 15, 17A & B, 19, 20, 21, 22) Minutes reflect the published agenda order. 25. CITY MANAGER'S REPORT(S) a. There will be a workshop immediately following the Redevelopment Agency meeting on Thursday. The Workshop on the 23rd will address the GMOC and the Chula Vista 2000 Task Force Report, the Minutes August 14, 1990 Page 13 Workshop of the 30th will address the Growth Management element and will have an initial presentation on the report for the Bayfront. Stated he would be meeting with the Downtown Association on Wednesday at 6:30 p.m. in the Council Chambers regarding the business license and transient occupancy taxes. Recommendations developed will be brought to Council in September. 26. MAYOR'S RBPORTfS) Informed the public that the next two Saturdays, August lath and 25th, from 8:00 a.m. to 3:OO p.m. will be the annual dean-up days. Dumpster locations will be at Fire Stations #1, #4, and #5, Loma Verde Center, Pfeister School, Walnut and Orange Streets, and Hilltop Drive and Naples Street. Additional information can be obtained by calling the Building and Housing Department. a. Formation of Salary Subcommittees for: City Manager, City Attorney, City Clerk, and Mayor/Council Secretary Mayor Cox recomm~jlded the following appointmenm for the 1990-91 salary subcommittees: City Manager - Colllle[lman Malcohn/Moore City Attorney - Councilxnembe~s McCandliss/Nader City Clerk - Mayor Cox/Councilman Malcolm Council Secretary - Mayor Cox/Councilman Moore b. Modification to Chula Vista's Sphere of Influence - Stated that the Sweetwater Community Planning District boundaries were modified over a year ago. Vfnen the sphere of influence was established in 1985, the boundaries were corerruinous with the Sweetwater Community Planning District. He felt the boundaries should be modified to include the entire reservoir within their boundaries. /~//5~ MS (Cox/Nader) to have staff develop a modification of the sphere of influence to be coterminous with the Sweetwater Community Planning Districts boundaries. Councilman Nader questioned whether there had been any discussion regarding the possible change by the Sweetwater Community Planning District. He hoped that they would be notified when this appeared before Council. VOTE ON MOTION: Approved 40-1 with Councilwoman McCandliss absent c. Creation of Mayor's Ad Hoc Committee for the University of California Campus - Requested that Councilmembers submit the names of two people they would like have appointed to the Ad Hoc Committee. The Committee is to develop grass roots support for the Chula Vista campus and any citizen interested in participating should contact the Mayor's Office. d. Consideration of Selection Process for Economic Development Commission - Questioned whether Council wanted the applicants to be interviewed by full Council, subcommittee, or the Mayor. Councilman Malcolm responded that the Mayor could bring forth a slate of candidates, he would appreciate an opportunity to submit names for consideration. Minutes August 14, 1990 Page 14 e. Requested that staff evaluate the road surface on Bonita Road between First Avenue, going down to the intersection of Bonita Road and Flower. f. Reminded Council of the tour on September 8th. g. Referenced a letter received from the United States Post Office which notified the City of changes in the zip codes effective January 1, 1991. MS (Cox/Malcolm) to have staff contact the Post Office to find out if there is ~e~'bility in the plan for future growth. Staff is also to evaluate the proposal to see if there is an opportunity for the City to suggest other solutions or alternatives. Councilman Nader felt the proposed change was arbitrary and that representatives in Congress should be notified. He requested that this be added to the motion. Councilman Malcolm noted the tremendous expense which would be incurred to the South County area. VOTE ON MOTION: Approved 4-0-1 with Counc~woman McCandliss absent. 27. COUNCIL COMMENTS a. Councilman Moore: Referenced his motion, and unanimous approval by Council of researching reverse osmosis. This had been relented by staff to the Interagency Water Task Force and he felt it should be moved forward. He would like ro see a trip set up within the next thirty days to visit the existing plant. Victor A. Nylon, 12 Via Barbarini, Chula Vista, California, stated he had submitted a verbal comment to Mr. Baldwin regarding all the developers, the City of Chula Vista, and all water districts combining together on the project. Mr. Baldwin has since contacted him and expressed his interest. b. Councilman Nader: MSC (Nader/Cox) refer to staff for informational report on providing security for the employee parking lot next to the fire station and standardization of equipment purchased for police caps from year to year° Approved 4-0-1 with Councilwoman McCandliss absent. ]ql~ e) t~.equested that "Agenda Procedures for Board and Commission recommendations" be placed under his comments for the next Council meeting. c. Councilman Malcolm: Stated he had been informed by members of the Police Department that gang parties were being held in open areas of the City. He requested that staff inform Council, at the next meeting, as to what was being done regarding the gang parties. Receiving Police Officer Association Approval for Use of Police Building by Politicians - That the Council deliberate upon, and if it so chooses, to take any action with regard to, the general issue of using public buildings for political purposes, including but not limited to the imposition of conditions precedent to such use, and the specific issue of the use of police buildings for political purposes, and imposing thereupon the Minutes August 14, 1990 Page 15 condition, among possible others, that such use should receive the approval of the Police Officers Association. Continued from the 8/7/90 meeting. ]~t~8 Stated he felt the POA should be contacted regarding any policy regarding the utilization of the Police Building by political candidates. City Manager Goss stated the policy adopted addresses Councilman Malcolm's concerns by stating that no one would be required to participate against their will. Councilman Nader stated he had heard complaints that police officers were ordered to participate in these activities. He felt there was a weakness in the policy regarding violations of the policy. City Manager Goss responded that any violation would have to be evaluated, and through his administrative authority, he would determine whatever disciplinary action was required. Councilman Nader felt it would be appropriate to have the City Manager underscore the fact that disciplinary action would be taken for violations. ADJOURNMENT The City Council/Redevelopment Agency met in a closed session at 8:50 p.m. to discuss: Instruction to negotiators regarding compensation for represented and unrepresented employees (or both), City Clerk, and executive group members including Department Heads and Assistant City Attorneys pursuant to Government Code Section 54957.6. Potential acquisition of property pursuant to Government Code Section 54956.9 - 798 F Street (Rados Brothers, owners) Instruction to negotiators regarding potential sale of property pursuant to Government Code Section 54956.8 - southeast corner of Fifth Avenue and C Streets (City of Chula Vista, owner) ADJOURNMENT AT 9:30 P.M. to the Regular City Council Meeting on August 21, 1990 at 6:00 p.m. in the City Council Chambers. Respectfully submitted, BEVERLY A. AUTHELET, CMC, City Clerk by:\" Vicki C. Soderquist, Deputy Ci~ Clerk /,