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HomeMy WebLinkAboutcc min 1993/02/16 MINI~'F~ OF A REG~ MF~TING OF THE CIi'Y COUNCIL OF THE CITY OF ~ VISTA Tuesday, February 16, 1993 Counc~ Chamber~ 6:02 p.m. Public Services Bu~ding CAIZ TO ORDER 1. ROLL CALL: PRESENT: Councilmembers Fox, Horton, Moore, and Mayor Pro Tem Rindone ABSENT: Mayor Nader ALSO PRESENT: John D, Goss, City Manager; Bruce M. Boogaard, City Attorney; and Beverly A. Authelet, City Clerk 2. pl ~.r~GE OF AI J .RGIANCE TO THE FLAG, SILENT PRAYER 3. APPROVAL OF MI~: February 9, 1993 (City Council Meeting) and February 9, 1993 (Special Joint Meeting of the Redevelopment Agency/City Council). MSC (Hotton/Fox) to approve the minutes of February 9, 1993 (City Council Meeting and Special RDA/City Council). Apprnved 4-0-1 with Nader absent. 4. SPECIAL ORDERS OF THE DAY: a. Recognition of the 'Voice of Democracy Winners" - Speeches were given by Lara Stevinson (Mar Vista High School); Vanessa Pool (Bonita Vista High School); and Van Cheng (Castle Park High School). Proclamations were presented by the Council to the three first place winners. b. Arep~rt~asgivenbyNancyTab~adaandTeresaTh~mas~ntheU~/Mexic~~isterCitiesC~nfecence that was co-hosted by the City of Chula Vista and the City of San Diego on 1/15/91 duough 1/17/93. CONSENT C31.F. NDAR (Item pulled: 8) BALANCE OF THE CONSENT C~L~NDAR WAS OFFF. JlF, D BY MAYOR PRO TEM RINDONE, reading of the text was waived, passed and approved 4-0-1 with Nader absent. 5. ~tPd'l-ll,,N COI~VIUNICATIONS: a. Let~ec requesting waiver of fees for 'C" Sn~eet improvements - Joseph F. Cody, President, Board of Trustees, and Ed Armstrong, Chairman, Board of Directors, South Bay Pioneers, 270 "C" Street, Chula Vista, CA 91910. It is recommended that the letter be referred to staff for further discussions with the South Bay Pioneers and a report back to Council. 6. RESOLUTION 16991 ACCEPTINGBIDSANDAWARDINGCONTRACTFORTHECONSTRUCTION OF DUAL LEFT TURN LANES AT EAST q-F b~IRFiT AND HIIJ.TOP DRIVE On 1/20/93, sealed bids were received for the construction of dual left turn lanes at the southeastern corner of East "H" Street and Hilltop Drive. The work to be done for the project includes the installation of new Monolithic Curb, gutter and sidewalk, street widening, and traffic improvements. The low bid by Carolyn E. Scheidel is below the Minutes February 16, 1993 Page 2 Pngineer's estimate of $48,109.00 by $8,712,00 or 18.1 percent. Staff conducted a background cheek and past performance evaluation and determined that Carolyn Scheidel Contractor has successfully performed similar projects for the City in the past. Staff recommends approval of the resolution. (Director of Public Works) 7. RESOLUTION 16992 ACCEIrHNGBIDSANDAWARDINGCONTRACFFORTHECONb'iRUCTION OF NAP!.~-~; b~iREET DRAINAGE CHANNEL IMPROVEMENTS FROM HILLTOP DRIVE TO 950 FEET EA~-i~LY AND APPROPRIATING FUNDS FROM THE CHARTER POINT FUND - On 1/13/93, sealed bids were received for the construction of Naples Street drainage channel improvements from Hilltop Drive to 950 feet easterly in the City. The work to be done involves the construction of a trapezoidal channel with concrete invert and revegetated side slopes. The project also involves the construction of reinforced concrete pipe storm drains, storm drain cleanout, headwall, landscaping and channel revegetation. Staff recommends approval of the resolution. (Director of Public Works) 4/Sth's vote required. 8. REPORT REQUEST FOR PROPOSALS (RFP) FOR HANDYTRANS OPERATION - The report summarizes the significant requirements of the Handytrans RFP process. Staff recommends that Council accept the report and authorize staff to issue the RFP. (Director of Public Works) Pulled from the Consent Calendar. Mayor Pro Tem Rindone questioned the proposed length of the RFP and how the City would ensure the provision of 10% of the operation costs since the charges were fixed. William Gustarson, Transit Coordinator, responded that it was a three year fixed term with an option for two additional years. The two additional option years would be brought back to Council for approval. The standard of 10% was added to put some burden on the contractor to perform efficiently. If that did not occur the City could terminate the contract. Mayor Pro Tem Rindone felt the City should have legal recourse that addressed the issue of termination of the contract. City Attorney Boogaard requested that the item come back in one week to allow him time to prepare an amendment. MSC (Rindone/Moore) continue the item for one week to amend the contract to include language that would allow for termination or rescinding of the contract ff the productivity rates were not maim~ained as described. Approved 4-0-1 with Nader absent, * * END OF CONSENT CALENDAR * * PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES None submitted. ORAL COMMUNICATIONS None BOARD AND COMMISSION RECOMMENDATIONS None submitted. Minutes February 16, 1993 Page 3 ACTION ~ 9. REPORT DRAINAGE PROBLEMS WITHIN TRI ~GRAPH CANYON CI1RRK BETWEEN FOURTH AVENUE AND HILLTOP PARK - On 1/19/93, Council directed staff to prepare a report on the drainage problems created by the rainstorms which took place during the first two weeks of Januaxy and the extent of drainage protection within Telegraph Canyon Creek between Fourth Avenue and Hilltop Park. Staff recommends Council accept the report. (Director of Public Works) John Lippitt, Director of Public Works, reviewed the report. The recommendations in the report were to use the Telegraph Canyon Drainage Fees to begin the design process and to come back with a report and then install the improvements that would be most impacted by erosion, i.e. curves, narrower portions of the channel, and backyards. As time and money permitted, they would upsize the street crossings. The primary responsibility to protect property from erosion was with the property owner. Staff did recommend working with property owners and assist them in filing FEMA claims as the area had been declared a disaster area. Staff would return in ninety days with a recommendation on cost sharing for those properties unable to obtain FEMA assistance and issue no fee grading permits for those property owners wanting to do work to protect their property. That would include refunding permit fees that had already been paid. If financial assistance was given for an immediate solution it was recommended that the City receive an Irrevocable Offer of Dedication. · Mrs. John Adarns, 224 "K' Street, Chute Vista, CA, stated her property did not border on the drainage ditch. City Manager Goss stated the City notified those in the area that could possibly be impacted. · Carol Raty, 873 Fairway Court, Chula Vista, CA, stated she disagreed with the report. They did not cause the erosion; the water coming down from Telegraph Canyon Road caused the erosion. She was also receiving drainage from 'tC' Street which was not her problem and she was not going to pay for it. FEMA had already turned down her claim and she felt she had been abandoned. Those homes having emergency problems should be identified and helped by the City. Mr. Lippitt stated that due to the severity of the slope, he did not feel sandbags would work but that gutmite could help for a year or two. · Anthony J. Nasdeo, 272 Sierra Way, Chute Vista, CA, stated the residents had maintained the position that the erosion was in the unimproved area and was a result of the increased flow after the development of Telegraph Canyon, east of 1-805. The channel had been there for hundreds of years with the problem arising only after developments went in up stream. They requested that the City construct a proper concrete channel through the area without cost to the property owners. · Walter Gorrell, 230 "K" Street, Chula Vista, CA, stated he did not own any property on the ditch and did not feel he should be included in the problem. Councilman Fox questioned whether the problem would still have existed ff the development had not gone in up stream. Mr. Lippitt stated there would have been erosion in the last storms even ff it had not been developed but development had probably exacerbated the problem. It would have happened over time but maybe not as fast. Minutes February 16, 1993 Page 4 Councilman Moore felt staff had good recommendations for a work plan. He wanted to see some type of phasing, i.e. Phase I - go out, to bid with construction before next year's rain. He questioned whether it could be phased before next years rain and not be deu'imental to the entire project. Mr. Lippin stated staff would have to look at those properties where the erosion was close to the house and critical. They needed to look at gunniting the curves and hard banks. · Therese B. Oldfield, 857 Fairway Court, Chula Vista, CA, felt the water flow was extremely dangerous and expressed concern for the children in the area. MOTION: (Moore) to approve staff recommendations to be presented to Council, final action not taken until approved by Council. Add under Recommendation One, after D & E, 'Phase I w~l erosion control of ..... Councilman Rindone requested that Councilman Moore's recommendation be made No. 2 and staffs Recommendation No. 2 would be No. 3. Recommendations No. 1A - No. 1D were directing staff to work with the property owners to prevent further erosion and what he was trying to do was prevent further erosion of what would be done within the next twelve months. MS (MooreqtHorton) to add Recommendation No. 2, change staff Recommendation to No. 3, No. 2 would be: 'Phase I would be temporary erosion control as it pertained to those areas that were seriously eroded at this time, such as Star News to 'L* Street, any major change in direction of the fa'eam on the downstream side where the erosion would be caused, and any other pruperties where erosion was close to the residence.' The goal is to be completed prior to January 1994. Mayor Pro Tern Rindone stated the second step would be prior to January 1994, and would address the problem with short term solutions. An on-going study would be done with eventual development into a Capital Improvement Program. He questioned when the report would be returned to Council. Mr. Lippitt felt staff could return within sixty days. Councilman Moore stated staff should not be led astray by comments made. Funding should be recommended from different areas and the policy makers would decide how it would be paid. Mayor Pro Tern Rindone wanted to make sure that the speakers and property owners were notified when the report returned to Council. Councilman Fox stated he was not convinced that the problem was not caused by new growth, he felt it did contribute to their problems. He also felt the City had neglected their area. He would reluctantly support the motion as it was the best alternative. He hoped ff there were other areas of the City that had also been neglected, they would be identified and brought to Council's attention. VOTE ON MOTION: approved 4-0-1 with Nader absent. ~ pULI.Rr~ FROM THE CONSENT C~LF. NDAR Item pulled: 8. The minutes will reflect the published agenda order. Minutes February 16, 1993 Page S OTHER BUSINESS 10. CITY MANAGER'S REPORT(S) - None 11. MAYOR'S REPORTIS) - None 12. COUNCIL COMMENTS Councilman Fox · Councilman Fox questioned whether the times for the Otay Ranch meetings had been changed from 2:00 - 5:00 p.m. to 3:00 - 6:00 p.m, City Manager Goss stated he was unaware of the problem and requested that the item be trailed. · Councilman Fox referred to a memo regarding the use of underage decoys and questioned what the City could do. Sid Morris, Assistant City Manager, stated the City Manager had asked him to coordinate with both the City Attorney and the Police Department. They would look at the issue from the legislative impact and from the impact upon the Police Department. · Clarification of board, commission, committee attendance policy. Councilman Fox stated it was his understanding that Assistant City Attorney Rudolf had requested Council input on the policy. He felt there was a problem with No. 5 of the policy. City Attorney Boogaard stated the request had been sent to Charter Review as an information item as it was sent to all commissions. They were not looking at it for the purpose of providing revisions or proposed changes, they were looking at it for the purpose of making sure their members complied with the attendance policy. Councilman Fox felt there should be a mechanism to provide for a waiver. MS (Rindone/Fox) refer to the Charter Review Commition the poss~le inconsistency that paragraph No. 5 suggested with a reromrnendation to Council. Councilman Moore stated it was not a Charter item. The verbiage could be changed in No. 5 from *appeal to the board or commission for a waiver of the policy" to "request clarification from the assigned commission". MOTION WITHDRAWN: 0~indone/Fox) MS (Moore/Rindone) Resolution 13737, paragraph 5, be revised to read where it stated 'he or she appeal', delete everything after appeal, and replace with 'clarification from assigned eommi~sioI~Comrnittees. City Attorney Boogaard stated the consent of the waiver was being eliminated and the commission would be ruling on whether or not an excuse was properly granted. The automatic provision would remain in force. In reviewing the draft he found several other inconsistencies and questioned whether Council wanted Minutes February 16, 1993 Page 6 a more thorough review by management of the policy. The problem was in obtaining quorums at many of the meetings. Councilman Moore felt individual by-laws should be done away with and all policies be included in the Commission Handbook. VOTE ON MOTION: approved 4-O-1 with Nader absent. ADJOURNMENT The City Council met in a closed session at 8:10 p.m. to discuss: Pending litigation pursuant w Government Code Section 54956.9 - Roller vs. the City of Chula Vista. Potential litigation pursuant to Government Code Section 54956.9 - IGOU vs. the City of Chula Vista. ADJOURNMENT AT 9:10 P.M. to the Regular City Council Meeting on February 23, 1993 at 6:00 p.m. in the City Council Chambers. A Special Joint Meeting of the City Council/Redevelopment Agency convened at 8:01 p.m. and adjourned at 8:08 p.m. Respectfully submitted, BEVERLY A. AUTHELET, CMC, City Clerk by: .j ~3.AL ~j~ \ ~ ~t.Lx Vicki C. Soderquist, Depu~C.C_i.~ty Clerk