HomeMy WebLinkAboutcc min 1990/09/04 MINUTES OF A REGUI/~ MEETING
OF THE CITY COUNCIL
Tuesday, September 4, 1990 Council Chambers
4:05 p.m, Public Services Building
CALL TO ORDER
1. ROLL CALL:
PRESENT: Councilmembers Malcolm, Moore, Nader and Mayor Pro Tem McCandliss
ABSENT: Mayor Cox
ALSO PRESENT: John D. Goss, City Manager; Bruce M. Boogaard, City Attorney; and Beverly
A. Authelet, City Clerk
2. pLEDGE OF ALI.RGIANCE TO THE FLAG. SILENT PRAYER
3. APPROVAL OF MINUTES: August 21, 1990
MSC (Moore/Nader) to approve the minutes of August 21, 1990 as presented. Approved 3-0-1-1 with Mayor
Cox absent and Counc~woman McCandliss abstaining due to absence.
4. SPECIAL ORDERS OF THE DAY:
a. Presentation to Council by Andy Friedenberg, Executive Director, V/sual Arts Foundation, Producers
of Stmset Cinema Film Festival.
Mr. Friedenberg thanked the Council, staff, and Port Commission Pennet for their assistance with the four
day film festival. He hoped to make this an annual event, and expand it to two weeks.
b. Oath of Office - Cultural Arts Commission: Patricia Ables, doan Gerber, Paul Hendricks, Archibald
McAllister, Barbara McGovern, Coleen Scott, Dency Souvac, Ralph Torres, and Larry Dumlao.
Oath of office was administered by City Clerk Authelet with Certificates of Appointment presented by
Councilman Moore, Coleen Scott was not in attendance.
CONSENT C~LENDAR
(Items puiled: 8A, 13 and 14)
BAIANCE OF THE CONSENT C~I.~NIDAR OFI~'ERED BY MAYOR PRO TEMP MCCANDLISS# reading of the
tex~ was waived, passed and approved 4-0-1 with Mayor Cox absent and Councilman Malcolm abstaining
on Item #11. Item #7 is to be amended to include Councilman Malcolm's com~nenrs.
Minutes
September 4, 1990
Page 2
5. 1N81'Ft~N COMMUNICATIONS:
a. Requesting consideration of a cul-de-sac on North First Avenue - Bettie Warren, 89 First Avenue,
Chula Vista, California 92010. Recommended that the City Council not deal with the subject, inasmuch as
the business community would seem to have the right to advance its products and business through the use
of any language appropriate and needed to make the business viable. It is also recommended that Ms.
Warren's letter be referred to staff and, when a development proposal is submitted, the question of a cubde-
sac or other circulation p]ans will be evaluated. ;'q173
b. Invitation to meet with Grand Jth'y for dbcussion purposes - Reno J. Testolin, Foreman, San Diego
County Grand Jury, 1420 Kertner Boulevard, Suite 310, San Diego, California 92101-2432. Recommended
that the City Manager and staff participate with the Grand Jury in making the information available to them
as requested. It~lTq
c. Request to have portion of drug asset forfeiture funds utilized for drug/alcohol abuse and
dysfunclional families - Leon L. Willjams, Chairman, San Diego Board of Supervisors, 1600 Pacific Highway,
San Diego, California 92101. Recommended that the City not commit to earmarking any portion of the asset
seizure funds at this time. 1~175
d. Letter of resignation from the Ethics Board - David M. Ferguson. Recommended that Mr. Ferguson's
letter of resignation from the Board of Ethics be accepted with regret and that a letter of appreciation be
sent to Mr. Ferguson. 14'1
e. Request for a monthly maintenance program for storm drains - Sarah Arkinsert-Even, Chula Vista
Marina, 550 Marina Parkway, Chula Vista, California 92010. Recommended that the City continue to )
monitor the situation to ensure that the conclusion that the odor is in fact a natural biological process is
correct, and that the odor is not a problem with a sewer or storm drain. 14'177
6.A. RESOLUTION 15823 REVISING SALARY BANDS FOR EXECUTIVE MANAGEMENT PERSONNEL
FOR FISCAL YEAR 1990-91 - Staff recommends approval of the resolution. (City Manager) /4/78
B. RESOLUTION 15824 ESTABLISHING EXECIJrlVE AND MID-MANAGEMENT FRINGE BFaN'EFITS
FOR FISCAL YEAR 1990-91 - Staff recommends approval of the resolution. (City Manager) FllT~
C. RESOLLrHON 15825 APPROVING COMPENSATION AND FRINGE BENEFITS FOR CITY MANAGER
FOR FISCAL YEAR 1990-91 - Mayor recommends approval of the resolution. (Mayor) I't1~
7. RESOLUTION 15826 ADOPTING PRELIMINARY REPORT TO THE CALIFORNIA ENERGY
COMMISSION REGARDING PROPOSAL BY SAN DIEGO GAS AND RI.EUIRIC FOR A NEW POWER PLANT
IN CHULA VISTA (89-NOI) - In March 1990, the California Energy Commission accepted an application by
SDG&E to build a 460-megawatt power plant in one of five sites in Southern California, including Chula
Vista's Bayfront. This report, prepared by staff and outside consultants, represents the City's review of the
proposal to the California Energy Commission. Staff recommends approval of the resolution. (Deputy City
Manager Krempl and City Attorney) I'HS/
Councilman Malcolm expressed concern that expansion of the SDG&E plant would require more tankering
of oil into the bay to off load at National City. He felt the issue of tankering and the environmental impacts
should be included in the report or summary.
Minutes
September 4, 1990
Page 3
8.A. RESOLUTION 15827 APPROVING AN AGI~ERMENT WITH BLACKSTOE APPRAISAL SERVICF~
INC. FOR PROFESSIONAL PROPERTY APPRAISAL SERVICES IN CONNECTION WITH VARIOUS CAPITAL
IMPROVEMFA~ PROGRAM PROJECTS - Several Capital Improvement Program projects are currently
budgeted which will require additional right-of-way for construction. To expedite the acquisition process,
staff proposes to contract for property appraisal and acquisition services for a one year period. Staff has
received and evaluated proposals and interviewed the top consultants and recommends agreements between
the City and Blackstone Appraisal Sen'ices, Inc. to provide professional appraisal services and Ryals and
Associates to provide acquisition services through June 30, 1991. Staff recommends approval of the
resolution. (Director of Public Works) Pulled from the Consent Calendar Iqle~
Councilman Malcolm questioned whether staff had done a detailed review of the projects individuaiIy to
determine whether Council should, on a priority basis, fund these from taxpayers money or wait a few more
years and have the developers fund these.
John Lippitt, Director of Public Works, responded that the contract was a retainer for one year, to hire
someone so that the City can take action as parcels come forward. Staff does try to negotiate for right-of-
way in lieu of improvements, but an appraisal is needed in some cases. Other departments will also be
utilizing the services of the consultants and they will be paid only for hours served.
Councilman Moore expressed concern over using taxpayers funds to purchase right-of-way and then
installing curbs, gutters, and sidewalks. He felt there should be some type of check and balance for the
program.
Mayor Pro Tem McCandliss stated staff should come back with an information report on how they will
utilize the contract, how the streets are selected, how the priorities are set, and how internally it would
work. She questioned how bids were solicited and who submitted bids.
Mr. Lippitt replied that staff went through the routine bidding process, with members of Community
Development on the selection process. Five or six firms were chosen and interviewed with these two firms
being selected. The Committee was looking for a firm to deal with the sliver parcels versus large
developments.
B. RESOLUTION 15828 APPROVING AN AGI~RF-MENT WITH RYALS AND ASSOCIATES FOR
ACQUISITION SERVICES IN CONNECTION WITH VARIOUS CAPITAL IMPROVFaMENT PROGRAM PROJECTS
- Staff recommends approval of the resolution. (Director of Public Works) Pulled from the Consent Calendar
RESOLUTION 15827 AND RESOLUTION 15828 OFFERED BY COUNCILMAN MALCOLM, reading of the text
was waived.
City Manager Goss stated staff had discussed the possible need for the hiring of a staff person if the demand
for appraisals increased.
VOTE ON RESOLUTION 15827 AND 15828: approved 4-0-1 with Mayor Cox absent.
MSC CMcCandliss/Malcolm) to have staff return with an information item on how the contract will be used,
the priority system to be used, how staff will check the appraisals, and also efforts to get land donated ff
possible. Approved 4-0-1 with Mayor Cox absent.
9. RESOLUTION 15829 ACCEPTING CONTRACT WORK, TREE REMOVAL AND SIDEWALK
REPLACEMENT AT VARIOUS LOCATIONS (1990 PROGRAM) IN THE CITY OF CHULA VISTA - On 6/5/90,
Minutes
September 4, 1990
Page 4
Council awarded a contract in the amount of $56,000 Cincluding contingencies) for the removal of trees and
sidewalk replacement at various locations (1990 program) to Caves Construction. The work is now
completed. Staff recommends approval of the resolution. (Director of Public Works) }ql~r'
10.A. RESOLUTION 15830 APPROVING CHANGE ORDER NUMBER 10 FOR REMODELING OF POLICE
DEPARTMENT AND AUTHORIZING DIRECTOR OF PUBLIC WORKS TO EXECUTE CHANGE ORDER ON
BEHALF OF THE CITY - On 9/5/89, Council awarded a contract to Soltek of San Diego for the new
construction and remodeling of the existing Police Department facility at 276 Fourth Avenue. To date, nine
change orders have been approved. This request, for Change Order No. 10, exceeds the $108,222
contingency fund for this project. Staff recommends approval of the resolution. (Director of Public Works
and Chief of Police) 4/5's Vote Required Iql~5
B. RESOLUTION 15831 APPROPRIATING $94,057 FROM THE tINAPPROPRIATED BALANCE OF THE
PUBLIC FACILITIES DEVELOPMENT IMPACT FUND TO THE CONSTRUCTION CONTRACT FOR THE PUBLIC
SAFETY BUILDING REMODEL - Staff recommends approval of the resolution. (Director of Public Works and
Chief of Police) 4/5's Vote Required
11. RESOLUTION 15832 APPROVING REALLOCATION OF PROGRAM INCOME FROM HOUSING
REHABILITATION TO THE PARK DEVELOPMENT AT ORANGE AND FOURTH AVENUES - During 1989-90,
the City funded the CHIP housing rehabilitation program almost exclusively with Redevelopment funds
rather than CDBG funds. For 1990-91, Redevelopment funds are adequate to continue the CHIP program
at the current level of activity. The balance of approximately $235,000 in the CDBG Housing Rehabilitation .\
account can be reprogrammed for other CDBG-eligible activities. Staff recommends approval of the
resolution. (Director of Community Development) 4/5's Vote Required .I,~187
Councilman Malcolm abstained from voting on Resolution 15832 due to property owned one block from the
site and any potential conflict of interest.
City Manager Goss recommended continuing Resolution 15832 for one week as it would require a 4/5's vote.
12. REPORT REQUEST TO CONDUCT FIESTA DE LA LUNA PARADE - The Chula Vista
Jaycees are requesting permission to conduct the 56th Annual Fiesta de la Luna Parade on 10/20/90. Staff
recommends Council approve the request subject to staff conditions. (Acting Director of Parks and
Recreation) ]'~ 168
13. REPORT REQUEST TO CONDUCT AN ORANGE CRATE DERBY - The Orange Crate
Derby Committee of the Bonita Business and Professional Association is requesting permission to conduct
an Orange Crate Derby on Corral Canyon Road on Saturday and Sunday, September 22 and 23, 1990. Staff
recommends Council not approve the request but encourage them to use their previous location and seek
another location next year. (Acting Director of Parks and Recreation) Pulled from the Consent Calendar
City Manager Goss stated that due to concerns of staff and those expressed by area residents, staff
recommended denial of the request and felt the Committee should use the area from previous years.
City Attorney Boogaard stated the home he is in the process of purchasing is on the corner of the proposed
route, so he would absence himself from the discussion.
Minutes
September 4, 1990
Page 5
Councilman Malcolm questioned whether the County had made a final decision on the Committee's request
to use Briarwood.
Jess Valenzuela, Director of Parks and Recreation, replied they had not.
Jim Willjams, 6572 San Miguel Road, Bonita, California, representing the Bonita Orange Crate Derby
Committee, spoke in opposition to the staff recommendations. He noted that many of the activities held
within the City involved impacts upon areas of the community. The Committee has $3 million in liability
insurance and will provide security on saturday, saturday night, and sunday. They felt all parking could be
within the confines of the road closure and noted they have never had to park on the off streets during the
past activities. Corral Canyon was chosen due to the width of the road and slope of the hill.
Councilman Malcolm questioned what access the church would be allowed during the race.
Mr. Williams stated that would not be a problem for at least one year due to the construction of the church.
Ingress/egress would be via a detour from east "H" Street or the College area. He replied that the County
hoped to have an answer regarding their request by Thursday.
Father John Proctor, 450 Corral Canyon Road, Bonita, California, representing Corpus Christi Catholic Parish,
spoke in favor of the staff recommendations. He stated the Church supported the race, but did have concern
over the safety of the race around the construction site of their church. The church has had a series of
vandalism on the site and he felt due to the number of people attracted by the race there was reason for
concern. Construction will also be going on Saturday and the only path into the site is from Corral Canyon
Road. If the Committee is given permission to hold the event this year, and it continues to next year, the
problem becomes catastrophic as there at over 2,000 families in the parish that would be impacted.
Councilman Moore questioned whether traffic flow and safety could be dealt with effectively.
Father Proctor felt that twenty-four hour security would help but that two way traffic flow would be needed
so construction traffic would not be impeded.
Mr. Willjams stated the Committee would have to go back to McMillin Company and request additional
funds for twenty-four security.
Councilman Moore felt that if parking, traffic flow, and security could be adequately addressed, he would
request that staff reconsider their recommendation.
Councilman Malcolm responded that he supported the Orange Crate Derby and what it does for the youth
of the community. If the County allows it to stay in the same location, there is no reason to change it. If
the County turns down the request, he felt there were a number of conditions that would have to be placed
upon the Committee's request. He felt the City should contact Senator Deddah and Assemblyman Peace and
request their assistance in getting the Highway Patrol to make a decision. If the request is approved by
Council this year he did not want to have to vote for or against it next year.
MS (Malcolm/Moore) to direct Mayor or Mayor Pro Tern to contact Senator I)eddah and Assemblyman Peace
to insure the operation at Briarwood. If not, the item should be updated, conditions listed and brought back
to Council for review.
Mayor Pro Tern McCandliss requested that the issue of safety for spectators and participants be addressed.
VOTE ON MOTION: approved 4-0-1 with Mayor Cox absent.
Minutes
September 4, 2990
Page 6
14. REPORT STATUS OF MOBIhEHOME ISSUES COMbl/11~-~- - At the 8/28/90 meeting,
Council as a result of an Oral Communication from Victor A. Nolan, requested a report from staff regarding
the mobilehome Issues Committee membership and an analysis of whether the Committee should become
an adhoc committee. Staff recommends that the Mobilehome Issues Committee retain its current
membership and remain outside of Council appointed authority. (Director of Community Development)
Pulled from the Con~ent Calendar
Victor A. Nolan, 12 Via Barbarini, Chula Vista, California, Member of Chula Vista Mobile Home Issues
Committee, spoke in opposition to staff recommendations. He registered his displeasure with the current
status of the Committee and continuing lack of quorum at the meetings.
Mayor Pro Tern questioned who drafted by the by-laws and rules of operation for the committee.
Chris Salomone, Director of Community Development, replied that they were drafted by the Committee
themselves.
Jerry Fick, 352 Broadway, Chula Vista, California, Member of the Chula Vista Mobile Home Issues
Committee, spoke in favor of the staff recommendations. He felt the committee was working and did not
see the problem as described by Mr. Nolan. He stated when he had been unable to attend the meetings,
he sent an alternate. He requested that Council leave the committee as it currently is and approve the staff
recommendations.
Councilman Malcolm stated the committee could change the numbers and ratio of members. Due to the
response received by the owners, he felt the Committee should be given 90 days to see if it works and if not, -,
it should be brought back to Council for other alternatives. )
Councilman Moore felt a letter from the Mayor to all park owners soliciting their participation would be
appropriate.
Mayor Pro Tem McCandliss stated that the items referred to the Committee by the Council, during the 90
day period, should be heard without a quorum with staff reporting back to the Council.
Mr. Nolan noted that without a quorum, the committee could not meet to change the by-laws.
MSC OMoore/McCandliss) to accept staff recommendations and send a letter to all park owners within the
City of Chula Vista requesting attendance at the meetings by themselves or an alternate. Approved 4-0-1
with Mayor Cox absent.
Councilman Moore requested a copy of the letter for review before mailing to the park owners.
* * END OF CONSENT CALENDAR * *
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
None Scheduled
Minutes
September 4, 1990
Page 7
OTHER BUSINESS
15. ORAL COMMUNICATIONS
15a. Ray Raphael, 1151 Zarza Corte, Chula Vista, California, commended Council for the job they were
doing for the City and support given to the citizens.
Councilman Nader complimented the citizens and stated it was a privilege to represent them.
16. ITEMS pUIJ.F.D FROM THE CONSENT CAI.RNDAR (Items pulled: 8, 13 and 14) Minutes will
follow the published agenda order.
17. CITY MANAGER'S REPORT(S) - None.
18. MAYOR'S REPORT(S)
a. Ratification of Appointments to Boards and Commissions: Safety Commission l'qlf
MSC OMoore/McCandliss) to ratify the appoinnnent of Joseph I. Matacid to the Safety Commission.
Approved 4-0-1 with Mayor Cox absent
b. Designation of Voting Delegate and Alternate for Annual Congress of Cities Conference, Washington,
D.C. l~ltq'~
MSC (lVlcCandliss/Moore) designate Councilman Nader as the voting delegate and any other Councilmember
in attendance as alternate.
c. Stated she had been approached by a citizen expressing concern over the lack of signs notifying
people of temporary closings of bus stops during scheduled activities in the City, i.e. Fiesta de la Luna.
19. COUNCIL COMMENTS
a. Councilman Nader:
Referred to a bulletin received from SANDAG regarding technical support to be given to the City of San
Diego in lobbying support from the Mexican Government regarding a bi-national airport.
Councilman Moore replied that the motion was to have a delegate contact the Mexican Government and
obtain their position regarding a bi-national airport directly rather than from a number of other people.
Councilman Nader did not feel the bulletin addressed only that issue and urged that the position of the City
of Chula Vista be reiterated once again.
MS (Nader/McCandliss) direct staff to send a letter to SANDAG, over the Mayors signature, reiterating the
opposition by the City to the bi-national airport concept and the spending of SANDAG's resources on
lobbying efforts in Mexico or elsewhere.
Minutes
September 4, 2990
Page 8
)
City Attorney Boogaard stated that unless there was an emergency tonight, the item should be docketed for
next weeks meeting.
Councilman Moore replied that he would contact SANDAG in order to determine what funds were being
utilized and express Council's concerns.
MOTION WITFIDRAWN BY COUNCIhMAN NADER, with a report back next week by Councilman Moore.
b. Councilman Malcolm:
Stated the Chula Vista Police Department had participated in a nation wide basketbail tournament and for
the second year in a row, took second place. He felt it was unfortunate that they had not received any press
for their accomplishments. He would like to see a letter sent to them from the City, signed by the City
Manager and Mayor, in recognition of their accomplishments.
ADJOURNMENT
The City Council met in a closed session at 5:20 p.m. to discuss:
Instruction to negotiators regarding compensation for represented and unrepresented employees (or
both) and executive group members including Department Heads, Assistant City Attorneys, and City
Manager pursuant to Government Code Section 54957.6.
Potential acquisition of property pursuant to Government Code Section 54956.8 - 1427 Fourth
Avenue (Mr. & Mrs. Muneo Torimaru, owners), 123 Broadway (Milton and Janice Halter/Gannett
Outdoor Advertising, owners)
Appointment of Department Head pursuant to Government Code Section 54957.
ADJOURNMENT AT 5:45 P.M. to the Regular City Council Meeting on September 11, 1990 at 6:00 p.m. in
the City Council Chambers.
Respectfully submitted,
BEVERLY A. AUTHELET, CMC, City Clerk
Vicki C. Soderquist, Deputy 'C!~y Clerk