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HomeMy WebLinkAboutcc min 1989/01/10 City Council met in Closed Session at 6:30 p.m. to discuss Skorepa v. City of Chula Vista; Hobel v. City of Chula Vista; Sierra Club v. Coastal Commission; Chula Vista v. Raso; and Personnel. Following City Council Closed Session, the Redevelopment Agency met in Closed Session to discuss Redevelopment Agency v. Cappos; and Redevelopmerit Agency v. Merziotis. MINUTES FOR A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA Tuesday, January 10, 1989 Council Chamber 7:00 p.m. Public Services Building ROLL CALL PRESENT: Mayor Cox, Councilmembers McCandliss, Nader, Malcolm and Moore ABSENT: None ALSO PRESENT: City Manager Goss, Assistant City Manager Morris, City Attorney Harron PLEDGE OF ALLEGIANCE TO THE FLAG, SILENT PRAYER 1. APPROVAL OF MINUTES Councilman Nader requested the Minutes for the meeting of December 20, 1988 be amended on page 11, last line, to reflect "the input of the entire Commission; and on page 14, item 22a, to reflect that his request for inclusions of options be an addition to the motion on the floor. MOTION MSUC IMcCandliss/Nader) to approved the amended Minutes for the Meeting of December 20, 1988. 2. SPECIAL ORDERS OF THE DAY a. OATH OF OFFICE City Clerk Fulasz administered the Oath of Office to JoDee Arnold who was appointed to the Board of Appeals. b. PROCLAMATION - COMMENDING THE CHULA VISTA HIGH SCHOOL VARSITY CHEERLEADERS FOR THEIR ACCOMPLISHMENT OF FINISHING AS SECOND RUNNER-UP AT THE WEST COAST REGIONAL CHEERLEADING TOURNAMENT MINUTES 2 January 10, 1989 The Proclamation was received by nine Cheerleaders and John Ray, Cheerleader Advisor at Chula Vista High. Mr. Ray thanked the City Council for the recognition and the Cheerleaders presented a demonstration of their talents. Mr. Ray (691-5765) further reported he is in the processing of raising approximately $600 for travel expenses for the trip to Orlando. c. Jane Unger, 714 Elm Avenue, 92010, introduced Fernanda Susanna Dabat, Rotary Exchange Student from City of Chula Vista Sister City, General Roca, Argentina. Fernada Dabat presented Council with gifts from the City Council in her City, expressed her pleasure as an Exchange Student with Chula Vista High School; Council presented Fernada with a Key to the City and a money clip. CONSENT CALENDAR (Items 3a 23) Pulled Items: 3b, 4, 20 and 23. Item 5 is an appropriation item which requires a 4/5 vote. BALANCE OF THE CONSENT CALENDAR WAS OFFERED BY COUNCILMAN MOORE and read by titles, the reading of the texts waived by unanimous consent and approved. /Councilman Malcolm abstained on item 14 because of a legal interest in the property.) At 7:25 p.m., Mayor Cox left the dais and Mayor pro tempore Nader took the Chair. 3. WRITTEN COMMUNICATIONS a. REQUEST FOR INPUT REGARDING LEGISLATION INTRODUCED FOR 1989 SESSION Congressman Jim Bates, 430 Davidson Street, Ste. A, Chula Vista 92010 Council authorized staff to advise Congressman Bates that, consistent with the City's response to his December 9 letter, the City's priorities relating to labor and other legislative interests will be referred to the Legislative Committee with a request they identify priorities of importance to this City. b. INVITATION FOR CITY TO BECOME A PARTICIPANT IN INTERNATIONAL JOINT VENTURE WITH PEOPLE'S REPUBLIC OF CHINA David J. Knight, Chairman Joint Venture Steering Committee, Sweetwater Union High School District, 1130 Fifth Avenue, Chula Vista 92011 Pulled from the Consent Agenda. c. REQUEST FOR COUNCIL TO FORMALLY ACCEPT PICTORIAL HISTORY MURAL GIVEN TO CITY - Frank M. Roseman, Chairman, Mural Committee Council directed staff to prepare a formal resolution to acknowledge the time and effort devoted by many groups and private citizens of the Community in the pictorial history mural now on display in the Chula Vista Library. NINUIttb - ,~ - 4. RESOLUTION ACCEPTING A CLASSIFICATION AND SALARY STUDY CONDUCTED BY THE CONSULTING FIRM PERSONNEL ASSOCIATES AND APPROVING SALARY INCREASES FOR CERTAIN CLASSIFIED AND UNCLASSIFIED POSITIONS (Director of Personnel) Pulled from the Consent Agenda. 5. RESOLUTION 13913 AMENDING 1988-89 BUDGET AND PROVIDING FOR THE APPROPRIATION OF FUNDS FOR SALARY AND FRINGE BENEFIT INCREASES FOR FY 1988-89 (Budget Officer) The correct amounts for salaries and fringe benefits are now known and, therefore, the budget needs to be amended to provide funds for these increases for FY 19899-89, which necessitates amendment of the budget and to appropriate funds in the amount of $697,420 to cover these increases with $675,310 to be appropriated from the General Fund. 6. RESOLUTION 13914 APPROVING QUALITY OF WORK LIFE (QWL) AGREEMENT WITH VARIOUS EMPLOYEE GROUPS AND DESIGNATING FEBRUARY 2, 1989 AS QWL DAY IN CHULA VISTA, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT (City Manager) Thirty-six representatives from classifications represented by CVEA, POA IAFF, WCE, Mid-Management and Executive Management have been meeting regularly as the QWL Provisional Steering Committee to formulate the labor-management cooperation program since March 25, 1988. These representatives agreed upon the QWL process of the groups they represent and have ratified the agreement. Council approved the QWL Agreement and designated February 2, 1989 as QWL Day in the Chula Vista. 7. RESOLUTION 13915 AMENDING THE 1987-88 LEGISLATIVE PROGRAM (Deputy City Manager) In December 1987, Council modified its Legislative Program in order to set forth the guidelines for reviewing and establishing a City position related to State and Federal legislation and policies. This report proposes amendments to the two-year legislative program to reflect issues and address concerns raised during the 1987-88 legislative session. The intent is that the revised program will be in effect for the entire 1989-90 session of the State Legislature and Congress. Council directed staff and the Legislative Committee to implement the program. MINUTES - 4 January 10, 1989 8. RESOLUTION 13916 APPROVING APPLICATIONS FOR GRANT FUNDS UNDER THE CALIFORNIA WILDLIFE COASTAL AND PARK LAND CONSERVATION BOND ACT OF 1988 FOR ROHR PARK RENOVATION - PHASE I AND UPGRADING OF PARK PLAY EQUIPMENT (Director of Parks and Recreation) Proposition 70, the California Wildlife Coastal and Park Land Conservation Bond Act of 1988 authorized grants to qualifying local agencies on a per capita basis to be used for land acquisition, development or rehabilitation of park, recreation or historical facilities. The City of Chula Vista is eligible to receive $375,000. 9a. RESOLUTION 13917 APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND RANCHO DEL REY PARTNERSHIP TO CONSTRUCT A THIRD LIGHTED SOFTBALL FIELD IN RANCHO DEL REY COMMUNITY PARK AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT (Director of Parks and Recreation) b. RESOLUTION 13918 APPROVING AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND RANCHO DEL REY PARTNERSHIP FOR THE LANDSCAPING AND MAINTENANCE OF THE EAST H STREET PARK IN RANCHO DEL REY AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT {Director of Parks and Recreation) The Financing Plan required the developer, Rancho del Rey Partnership, to prepare a master plan and to construct a community park and a neighborhood park at East "H" Street. The financing Plan also required that the developer construct two lighted softball fields in the community park and to construct a basic park at the East "H" Street site as part of the required Phase 2 improvements. The partnership has requested the adoption of separate agreements with the City to memorialize the intentions and requirements more formally. 10. RESOLUTION 13919 APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND ARCHITECT LORIMER-CASE, INC. FOR ARCHITECTURAL SERVICES TO DEVELOP A MASTER PLAN FOR ROHR MANOR AND INTERIOR RENOVATION AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT (Director of Parks and Recreation) Architect Lorimer-Case was selected because of its architectural design experience in renovating and preserving old buildings and its competitive bid and services. The Master Plan process will involve a review of the project scope and budget with City staff and others; preparation of two {2) alternative floor plans in the design phase for staff and community consideration; preparation of a final architectural master plan for Rohr Manor with architectural rendering, site and floor plans, color renderings of interior elevations. ll. RESOLUTION 13920 ENTERING INTO AN AGREEMENT WITH INFRASTRUCTURE MANAGEMENT SERVICES IMS) FOR TESTING OF CITY STREETS EASTERLY OF 1-805 FREEWAY AND AN AREA SOUTH OF L STREET FROM HILLTOP DRIVE TO 1-805 (Director Public Works) In FY 1986-87 Council approved funds for acquisition of a computerized Pavement Management System (PMS), developed by Infrastructure Management Systems (IMS). The streets to be tested as stated in the agreement lie in Phase III an area within the City easterly of the 1-805 freeway and an area south of "L" Street from Hilltop Drive to 1-805. Sufficient funds were appropriated by Council through the FY 1988-89 CIUP process in Account 250-2501-ST414. 12. RESOLUTION 13921 ACCEPTING GRANT OF EASEMENT FROM DELIA C. BATISTA FOR STREET PURPOSES AT THE NORTHEAST CORNER OF MAX AVENUE AND WALNUT DRIVE (Director Public Works) In order to construct and maintain a portion of the improvements being constructed as part of this project, the property owner at the northeast corner of Walnut Drive and Max Avenue has granted an easement for street purposes to the City. Council accepted the easement for street purposes granted by Delia C. Batista and directed the City Clerk to have this easement recorded at the County Recorder's Office. 13. RESOLUTION 13922 ACCEPTING BIDS AND AWARDING CONTRACT FOR RECONSTRUCTION OF SIDEWALKS (1988-89 PROGRAM) AT VARIOUS LOCATIONS IN THE CITY OF CHULA VISTA (Director Public Works) The work consists of removal and construction of sidewalk in selected areas. Council awarded the contract to Bruce Paving Co., Inc., low bidder, in the amount of $37,360.20. The low bid is below the Engineer's estimate of $47,987.50 by 22% and it is staff's intention to increase the quantities of work such that the City may maximize the use of the funds budgeted and eliminate areas of broken sidewalk within the block grant areas of the City. Councilman Malcolm noted that the low bidder, Bruce Paving, is located in the City of Gardena, whereas a local contractor submitted the second lowest bid and questioned what could be done in the future to see that the City's money remains within the City's limits and spent here by the contractor's' employees. City Attorney Harron cited a recent court case in which the necessity of accepting the low bid has been challenged for favoritism to local contractors and it was upheld; therefore, it is possible. MOTION MSUC (Malcolm/Cox) that staff bring back some kind of policy awarding points to San Diego and local contractors, rather than sending jobs to Los Angeles. MINUTES 6 January 10, 1989 14. RESOLUTION 13923 ACCEPTING AND DEDICATING CERTAIN REAL PROPERTY FOR STREET PURPOSES AS PART OF ORANGE AVENUE AND THIRD AVENUE (Director Public Works) Lessees of the property at the southwest corner of Third and Orange, CIRCLE K, recently applied for a building permit to construct a mini-mart with gas pumps on the property. A requirement imposed on the permit was for the owner to dedicate a six-foot strip of land along the frontage of Third Avenue, including a 20-foot radius return, to bring the intersection up to the City's current standards for collector street intersections within the Montgomery area. Council accepted the subject right of way and directed the City Clerk to record the documents with the County Recorder. 15. RESOLUTION 13924 APPROVING AND ACCEPTING PUBLIC IMPROVEMENTS IN THAT CERTAIN SUBDIVISION KNOWN AND DESIGNATED AS EAST ORANGE AVENUE CONDOMINIUMS - UNIT NO. 2 (Director Public Works) Housing Opportunities Inc. has completed the requirements for public improvements for East Orange Avenue Condominiums, Unit 2, generally located south of East Orange Avenue and east of Oleander Avenue. The agreement for the improvements was approved by Council on November 4, 1986. A final inspection was performed on January 4, 1989 and all work was found to be completed in accordance with the approved plans and to the satisfaction of the City En9ineer. 16. RESOLUTION 13925 APPROVING AND ACCEPTING PUBLIC IMPROVEMENTS IN THAT CERTAIN SUBDIVISON KNOWN AND DESIGNATED AS STAR ORANGE UNIT NO. 3 (Director Public Works) Housing Opportunities Inc. has completed the requirements for public improvements for Star Orange Unit 3, generally located at the southeast and southwest corners of the East Orange Avenue/Brandywine Avenue intersection. An agreement for the improvements was approved by Council on June 30, 1987. A final inspection was performed on January 4, 1989 and all work was found to be completed in accordance with the approved plans and to the satisfaction of the City Engineer. 17. RESOLUTION 13926 ACCEPTING PUBLIC IMPROVEMENTS - IMPROVEMENT OF EL RANCHO DEL REY PARKSITE NUMBER 6 IN THE CITY OF CHULA VISTA ~Director Public Works) MINUTES 7 January lO, 1989 Council awarded a contract to L. R. Hubbard Construction Co. for the improvement of E1 Rancho del Rey Park Site No. 6. The park is better known as Sunridge Park, located at the corner of East "j" Street and Beechglen Drive. A final inspection was made on December 20, 1988 and all work was found to be completed in accordance with the contract plans and specifications. The Directors of the Parks and Recreation and Planning Department, as well as the City Engineer, are satisfied with the work done by the contractor. 18. RESOLUTION 13927 RELEASING SECURITY BONDS ASSURING THE CONSTRUCTION OF IMPROVEMENTS FOR THE OTAY INTERNATIONAL CENTER (Director Public Works) In accordance ~ith the provisions of the Subdivision Map Act the developers of the Otay International Center were required to enter into a Subdivision Improvement Agreement with the agencies having jurisdiction over the project, a condition of which was to construct a sewer between their development on Otay Mesa at the second border crossing and the San Dieo Metro Sewer trunk line near Interstate 5. The work has been completed by the owners and Council authorized release of the bonds 9uaranteeing their work. 19. RESOLUTION 13928 ACCEPTING AND DEDICATING CERTAIN REAL PROPERTY IN SAID CITY FOR STREET PURPOSES AS PART OF MEDICAL CENTER DRIVE (Director Public Works) Vista Hill Foundation, owner of the property at 730 Medical Center Court, recently applied for a building permit to construct a parking lot adjacent to the existing hospital on the property. A requirement imposed on the permit was for the owner to dedicate half the width of Medical Center Drive (50 feet) along the westerly property line. Council accepted the subject right of way and directed the City Clerk to record the documents. 20. RESOLUTION '~ APPROPRIATING $500,000 FROM THE UNAPPROPRIATED RESERVE OF THE GENERAL FUND FOR THE CONSTRUCTION OF THE TELEGRAPH CANYON CREEK FLOOD CONTROL CHANNEL PROJECT ADDITIONAL FUNDING (Director Public Works) Pulled from the Consent Agenda. 21. RESOLUTION 13929 AUTHORIZING BONITA POINT PLAZA, A CALIFORNIA LIMITED PARTNERSHIP, TO CONSTRUCT A PORTION OF OTAY LAKES ROAD FROM EAST H STREET TO BONITA ROAD AND INSTALL TRAFFIC SIGNAL ON EAST H STREET AT SOUTHWESTERN COLLEGE AND RECEIVE A CASH OR CREDIT REIMBURSEMENT AGAINST DEVELOPMENT IMPACT FEES (Director Public Works) MINUTES 8 January 10, 1989 The Bonita Point Plaza limited partnership has requested authorization to construct a portion of Otay Lakes Road and install the traffic signal on East "H" Street at Southwestern College and receive a cash or credit reimbursement against Development Impact Fees pursuant to Ordinance No. 2251 adopted January 12, 1988. 22. ORDINANCE 2289 AMENDING ORDINANCE 2251 BY PROVIDING FOR DEFERRALS AND ADDING TRAFFIC SIGNALS TO THE DEVELOPMENT IMPACT FEES - FIRST READING (Director of Public Works) Ordinance 2251 provides for the collection of Development Impact Fees in the eastern area of the City and includes a list of projects to be financed through the collected fees. Council amended the ordinance to allow for deferral of payment or early credit and, in addition, to add traffic signals on East "H" Street at the entrance to Southwestern College to the list of Facilities in Section 3 of the Ordinance. Answering Councilman Nader's question, Director of Planning Krempl clarified that the Ordinance still gives Council the discretion to grant deferrals or not. 23. REPORT STATUS OF BAYSCENE MOBILEHOME PARK SPACE RENT DISPUTE (Community Development Director) Pulled from the Consent Agenda. END OF CONSENT CALENDAR PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 24. PUBLIC HEARING PCA-88-7: CONSIDERATION OF AMENDMENTS TO THE MUNICIPAL CODE RELATING TO ZONING REGULATIONS FOR CHURCHES CITY INITIATED (Director of Planning) ORDINANCE 2290 AMENDING SECTIONS 19.58.110 AND 19.14.030 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO ZONING REGULATIONS FOR CHURCHES FIRST READING Director of Planning Krempl reported the history of the subject and direction to staff to hold a workshop, which occurred on September 8, 1988 with 19 participants. Letters have been received in support of the proposed amendments and a request for authorization for the formation of a Church Task Force to look at issues involving the availability of church sites in the community and with new development. The recommended amendments would treat the existing church standards as guidelines, rather than requirements, and authorize the Zoning Administrator rather than the Planning Commission to act upon conditional use permits for churches. Two options offered for Council's consideration include (1) treating churches as permitted uses allowed as a matter of right in residential zones and (2) retaining the conditional use permit process but eliminating the present standards. Either option would require a continuation of the public hearing to the meeting of February 7 to allow sufficient time for staff to conduct the appropriate environmental review. This being the time and place as advertised, the public hearing was declared open. Pastor Don Schock, 853 Blackwood Road, Calvary Chapel in Chula Vista, commented he would like to table the recommendations until the Task Force could be formed, that the standards are fine for guidelines but a general idea of the interpretation is needed, and commented that this is a "first big step." Reverend Charles Dobbs, Pastor of Park Hill United Methodist Church, 545 East Naples, stated his approval of the process but voiced the opinion of many in the Ministerial Association who would rather have a meeting with City Planning to discuss some of the issues before Council adopts the proposal. Councilwoman McCandliss stated it would be better to implement what is before Council and then to work through the Task Force for better definition and agreement of the many unclear areas. City Attorney Harron confirmed that the insertion of language for the appeals process is unnecessary since these rights are in the Municipal Code and apply to all decisions. There being no others to speak either for or against this item, the public hearing was closed. COUNCILMAN MALCOLM OFFERED THE ORDINANCE which was read by title, the reading of the text waived by unanimous consent and approved; and the staff recommendation accepted. (Mayor Cox absent) MOTION MS (Nader/Malcolm) to specify some time guidelines for the meetings of the Task Force, and to request their recommendations to the Council on further amendments to this Ordinance and, specifically, in what areas of the City a Church should be considered a permitted use not requiring a discretionary permit. (Councilman Malcolm, when he seconded the motion, noted the key is getting the Task Force formed but the Task Force will proceed as quickly as possible and set their own pace.) VOTE ON THE MOTION Motion passed. (Mayor Cox out) 25. PUBLIC HEARING PCZ-89-D: CONSIDERATION TO REZONE 2.09 ACRES LOCATED ON THE WEST SIDE OF OTAY LAKES ROAD BETWEEN BONITA ROAD AND ALLEN SCHOOL LANE FROM R-3-P-8 TO C-O-P BOB CRANE AND JEFF PHAIR (Director of Planning) ORDINANCE AMENDING ZONING MAP OR MAPS ESTABLISHED BY SECTION t9.18.010 OF THE CHULA VISTA MUNICIPAL CODE REZONING 2.09 ACRES LOCATED ON THE WEST SIDE OF OTAY LAKES ROAD BETWEEN BONITA ROAD AND ALLEN SCHOOL LANE FROM R-3-P-8 TO C-O-P FIRST READING Mayor Cox announced a request from the applicant to continue the public hearing. MOTION MSUC (Malcolm/Cox) to continue the public hearing to the Regular Meeting of February 7, 1989. 26. PUBLIC HEARING ZAV-89-8: APPEAL FROM PLANNING COMMISSION DENIAL OF VARIANCE TO LEGALIZE TWO STUDIO APART~ENT UNITS AT 675/681 SEA VALE STREET HENRY N. KLEIS (Director of Planning) RESOLUTION AFFIRMING THE DECISION OF THE PLANNING COMMISSION TO DENY ZAV-89-8 Director of Planning Krempl reported a request to legalize two studio apartment units at 675/681 Sea Vale Street in the R-3 Zone. The units are converted garage space and are substandard with regard to minimum floor area and rear yard setack. Staff recommends denial of the variance based on the findings that a harship does not exist, there is nothing inherent to the property which deprives this parcel of rights enjoyed by other parcels, it is not consistent with the purposes of the zoning ordinance and the Housing Element calls for the provision of good, sound housin~ for all economic groups. Answering Councilwoman McCandliss question, the units did not meet the standards at the time the garage was converted; the units were deficient in terms of floor area, size, setback and would not have met the Building Code. Susan Kleis, 752 Singing Vista Drive, E1 Cajon, 92019, owner of 675-681 Sea Vale Street, addressed comments made by the Planning Commission and offered clarification of the floor plan diagrams which had confused labeling of rooms. Mrs. Kleis explained there is no intent to sell the property, but only to improve the property for financial family reasons and offered Councilmembers photographs of the eight units which she thought had been legal units when she purchased them. Director Krempl commented this was brought to the City's attention when the Kleis' first discovered the illegality of the units when they attempted to refinance. Ben Pernell, 675 Sea Vale, Manager of the units, addressed the desirability of the units for renters, the adequate parking, and the modern technology applied to recondition the units. There being no others to speak either for or against, the public hearing was closed. At 7:56 p.m., Mayor Cox took his seat on the dais. When questioned by Councilman Malcolm, City Attorney Harron confirmed the possibility that, if the units are brought up to Code and the owners agree to a conditional contract on their property to be recorded as such, the variance might be allowed for the present owners; when the property is sold, the variance would be removed. MOTION MSC (McCandliss/Nader) to continue the item for one week to allow Legal and Planning staff to meet with the applicant and to work out a possible arrangement to be approved by the Council. (Mayor Cox abstained because he was not present for the complete discussion.) 27. ORAL COMMUNICATIONS Rev. Bob Flaugher, Brentwood Mobile Home Park, 92010, questioned when the proposed relocation park would be brought back to Council for consideration. Further, he informed Council of a rent bill from the owner of Lloyd's Park which states a collection for "Chula Vista Tax", as well as other taxes. MOTION MSUC (Cox/Nader) to refer the item to the City Attorney to come back with a report. Mayor Cox reported. relative to the relocation park issue, direction has been given to staff to complete an Environmental Impact Report (EIR) for alternative sites. Planning Director Krempl will include a schedule for Council information in the next packet; the City Attorney confirmed the selection of a consultant will occur on January 11, after which the contract will be brought to Council. Ray Foster, Head of Senior Citizens Group for Rent Stabilization in San Diego County, expressed his feeling of the binding arbitration and affordable housing in this City which he feels is not effective and suggested rent control as in seven communities in San Diego County. Joe Stern, Senator for the California Senior Legislator for this District, stated the present process of trying to find a legislator to introduce a proposal for mobilehomes as legislation. The proposal deals with setting up a commission in each jurisdiction to adjudicate rents if excessive. Harold Duncan, Brentwood Mobilehome Park, Chula Vista, addressed the ordinance for mobilehome parks, and the "strained patience" of mobilehome owners. Mr. Duncan passed a copy of a petition addressed to the owners of Lloyds's Mobilehome Park, a copy of which has already been presented to the Community Development Department. Mayor Cox observed that enforcement of the ordinance is the goal of all concerned, a better job to inform everyone of the procedure to be followed needs implementation (which might be accomplished through the Mobilehome Issues Committee), and the responsibility to act legally lies with the residents when their rights are violated outside the ordinance. MOTION MSUC (Cox/Moore) directed staff to set up workshops for the residents and the parkowners. PULLED ITEMS 3b. INVITATION FOR CITY TO BECOME A PARTICIPANT IN INTERNATIONAL JOINT VENTURE WITH PEOPLE'S REPUBLIC OF CHINA David J. Knight, Chairman Joint Venture Steering Committee, Sweetwater Union High School District, 1130 Fifth Avenue, Chula Vista 92011 Staff recommends that Sweetwater Union High School District's request be referred to staff for the purpose of simply gaining additional information from the School District as to what role, in particular, they would expect the City to play if the City became associated with the project. Staff recommended acceptance of the invitation; the City's role can be tailored to fit whatever degree of participation the City later determines to be appropriate. MOTION MSC INader/Cox) to express Council's support to the Sweetwater High School District which would be followed up by staff's inquiry as to what form the City's participation should take. (Councilman Malcolm out) 4. RESOLUTION 13930 ACCEPTING A CLASSIFICATION AND SALARY STUDY CONDUCTED BY THE CONSULTING FIRM PERSONNEL ASSOCIATES AND APPROVING SALARY INCREASES FOR CERTAIN CLASSIFIED AND UNCLASSIFIED POSITIONS (Director of Personnel) Staff recommended Council authorize implementation of the study findings, effective the pay period ending February 23, 1989 retroactive to the first pay period in July 1988; to further authorize adjustments to the salaries of certain Unclassified positions to maintain and/or establish more appropriate internal relationships; and further recommended, subject to approval of the City Manager, that Council authorize changes, if any, resulting from the appeals process that follows study implementation Councilwoman McCandliss stated her support of the Classification and Salary Study and questioned the implementation under fiscal impact. Director of Personnel Nelson clarified the implementation to be retroactive to July 1988, that the results have been agreed to across the bargaining table, and there are other classes that possibly will need evaluation and will have an impact on related classes. COUNCILWOMAN McCANDLISS OFFERED THE RESOLUTION which was read by title, the reading of the text waived by unanimous consent and approved unanimously. 20. RESOLUTION 13931 APPROPRIATING $500,000 FROM THE UNAPPROPRIATED RESERVE OF THE GENERAL FUND FOR THE CONSTRUCTION OF THE TELEGRAPH CANYON CREEK FLOOD CONTROL CHANNEL PROJECT ADDITIONAL FUNDING (Director Public Works) The Telegraph Canyon Flood Control Channel is a joint Federal, State and City project to eliminate flooding hazards and provide adequate drainage for downstream development from about 600 feet east of Fourth Avenue to San Diego Bay. The Project has been under construction for one year and is now about 85% complete. The State responsibility is a reimbursement procedure whereby they will reimburse the City based on claims submitted for a percentage of the right-of-way costs, the relocation costs for utilities and certain bridge replacement costs. Staff recommended Council authorize appropriation of $500,000 to Account 600-6000-GF33 as a loan to be repaid upon reimbursement from the State of California Department of Water Resources. Councilwoman McCandliss questioned the method of reimbursement by the State and Director of Public Works Lippitt explained the expenditure of $500,000 will not be reimbursed dollar for dollar, and that the budgeting process covered anticipated revenues. Based on changes in the law and the project, the City is anticipating more revenues than originally anticipated. Council discussed the issue and the necessity for completion of the project, which is 85% completed, for the City of Chula Vista. MOTION MSUC (Malcolm/Nader) to direct staff to negotiate with the Corps of Engineers and to do whatever is feasible to see if they will pay for the increased cost passed on to the citizens of Chula Vista because of delays and problems caused by the Corps of Engineers' and to report back. COUNCILMAN MALCOLM OFFERED THE RESOLUTION which was read by title, the reading of the text waived by unanimous consent, and approved unanimously. VOTE ON THE RESOLUTION WHICH TAKES A 4/5 VOTE Resolution approved unanimously. 23. REPORT STATUS OF BAYSCENE MOBILEHOME PARK SPACE RENT DISPUTE (Community Development Director) Assistant Director of Community Development Gustafson reported the rent dispute at Bayscene Mobilhome Park has several complexities which have made it difficult to resolve, which include the noticing and subsequent imposition of utility charges to individual residents, the change in the Chula Vista Municipal Code from mediation to binding arbitration and further suggested changes, and the rumored existence of pending litigation against the owner by some residents. Staff recommended Council accept the report, encourage the disputing parties to subject both the 1987 and 1988 rent increases to binding arbitration, and to direct staff to arrange the necessary arbitration by the American Arbitration Association. Just this afternoon a language problem developed and it is still hopeful that the binding arbritration will occur - which centered on water and sewer charges and whether or not they should be disputed to have occurred in 1987 or 1988, which language would have to be addressed by the arbritrator. Assistant Director Gustafson reported the present recommendation to continue the issue for one week to see if an agreement can be reached. Councilman Malcolm addressed what he felt were problems in the present ordinance and the need to assume the responsibility, stating Council should have a right to mandate binding arbitration when necessary. He would like to see an emergency ordinance before Council next week stating Council would have the right to mandate any type of arbitration any time deemed to be appropriate. City Attorney Harron emphasized this is a unique case because the City is trying to abide by an ordinance retroactively and it is evident the petition is a difficult way to start the process. Nelda Del Ponte, 100 Woodlawn, 92010, Chairman of the Bayscene Residents Committee, spoke in support of Councilman Malcolm's comments and disagreed with statements made in the staff report relative to utilities on page 2, the petition deadline and the cause of delays on page 3. Mrs. Del Ponte expressed her feeling of frustration with the process and her understanding that the staff report did not address the issue of keeping the rent at the level of the Consumer Price Index (CPI) when there is a dispute. James Lovett, lO0 Woodlawn, Bayscene Mobilhome Park (#75), stated it was his understanding the City Attorney was directed to take positive action because of the obvious violations of the City ordinance by the owner of the Park, collecting money above the CPI over the past six years. He questioned whether the money should be put into abeyance until after binding arbritration. Mr. Lovett gaven an example where a previous resident received a $35 increase, the new owner received another $50, and in November of the same year, that same resident was advised it would increase another $50 when he decided to sell, which increases totalled $350.00 for the small space. City Attorney Harron reported that, up until this afternoon, it was felt the issues could be submitted to arbritration. At this point the advisability of enforcement action should be discussed in Closed Session in order not to discuss the strengths and weaknesses of the case in public. MOTION MSUC (Nader/Moore) to schedule Closed Session next week to discuss potential enforcement litigation. MOTION MSUC (Malcolm/Nader) to direct staff to bring back an amendment to the ordinance on an emergency basis to state, provided the mobilehome park fulfills the intent of the ordinance, Council can force the people at that point into binding arbritration. MOTION MSUC (Cox/Moore) to continue the item for one week and have it docketed at the beginning of the Council Meeting. MOTION MSUC (Nader/Cox) to direct staff and the City Attorney to specifically approach the owner with the idea of using the language inserted to state, "this does not constitute admission for purposes of any action that might arise independently of binding arbritration," which more than protects the owner and ought to be acceptable to all parties. Mayor Cox suggested a simplification of the process with a sample petition with blanks to fill in, keeping in mind that the only time they would be used would when the rent increase is more than the CPI. Mary Frances Click, 1100 Industrial Boulevard, reported the majority of the park owners are in compliance, and commented on the deferral of rent increases above the CPI citing sections from Ordinances 1997 and 2361 where the wording was changed to allow or disallow the owners of park to collect the excess and how it was to be held. No one on the Mobilehome Issues Committee was aware that the change in wording went back to the exact wording in the original ordinance. MOTION MUSC (Moore/Nader) to send a letter to all Park Owners to refresh their memory on the wording of the latest ordinance which reads to "not collect the rents above the CPI." MOTION MSUC (Nader/Moore) to direct staff to come back with a report as soon as possible with a report from the City Attorney with specific amendments to plug some of the "holes." Mrs. Del Ponte again addressed Council with her concerns that the staff report is incorrect. Mayor Cox reassured her that Council did not take any action on the staff report as presented; the record will show the actions taken by Council. Assistant Director Gustafson will review the subject of dates with Mrs. Del Ponte to better decipher the dates; Councilman Nader suggested staff insert language in the wording for the parties to sign to state that it is stipulated by the parties that timeliness is not an issue and not to be concerned by the arbritrators. Mayor Cox commented on his observations the point that everyone who lives in mobilehome parks is aware of what is allowed; it takes action from the residents if they are aware of a grievance with the park owner. CITY MANAGER'S REPORT 28a. New Employee Mitch Thompson, Housing Coordinator was introduced by Assistant Director of Community Development Gustafson. Mr. Thompson was previously with the County Housing Authority and started his career with this evening's Meeting. b. Last Meeting Paul Desrochers, Director of Community Development is attending his last City Council Meeting as an employee of the City of Chula Vista. He was offered the best wishes of the City in his career. c. Joint Meeting with the School Boards Scheduling of the meetings was discussed and, specifically, the time. MOTION M (Nader) to direct staff to negotiate a time that is consistent with the work schedules of Council and the School Board. Councilman Malcolm, although he appreciates those who work a distance away, reported that he, the City Manager and City staff work many nights attending meetings are all inconvenienced by being away from their families. Everyone is inconvenienced and until something substantial is done to reduce the time of the Council Meetings, he will not support any more night meetings. These concerns were also expressed by Councilman Moore and Councilwoman McCandliss who stated they either not attend the meeting or reschedule their own time to attend. VOTE ON THE MOTION Motion passed. (Councilman Malcolm voted no) d. Scheduling of Council meetings City Manager Goss is not able to attend the Joint Meeting with the Charter Review Committee on January 12 because of his attendance at the Growth Management Oversight Committee Meeting. e. On Thursday, January 12, a CALTRANS Public Hearing on State Route 125 will be presented at 6:00 p.m. at the Bonita Vista Jr. High School. Director of Public Works Lippitt will attend. 29. MAYOR'S REPORT a. Computerization of parking tickets revealed in an article of CITY AND STATE MOTION MS (Cox/Nader) to refer to staff for evaluation and recommendation back to Council at Budget time. b. Congratulations offered to Paul Desrochers; Mayor Cox expressed his appreciation of his association during his many years with the City of Chula Vista. c. Council Conference is scheduled for January 26. The Agenda includes Landscaping of the Trolley Station, and a possible General Plan issue. Mayor Cox requested the subject of Monolithic Sidewalks (City Manager Goss will confirm), and American Golf Course Discontinuance of Full Course Dinners. 30. COUNCIL COMMENTS COUNCILMAN MALCOLM: a. Funding for State Route 54 and 1-125 no comments made b. SDG&E merger and the requirement for an EIR - Statements of Mr. Allen, Southern California Edison, published in several newspapers was discussed. The intent to change the usage to 100% of power plants and the impact on two cities (this City and Carsbad) will be significant. He stated this City should take the lead in the Environmental Study. MOTION his (Malcolm/Nader) to direct the City Attorney to evaluate possibilities and check with any other legal experts in the field he deems necessary to determine if the City of Chula Vista can require an EIR on the merger of San Diego Gas & Electric and Southern California Edison. MINUTES 18 January lO, 1989 Councilman Malcolm further reported the statements made by Mr. Allen were that the power plants in Carlsbad and Chula Vista are greatly under-utilized and can be brought to full power to divert City of Chula Vista's "cheap" electricity to Los Angeles. Councilwoman McCandliss commented, if that occurs, an EIR would be required because of a change of ownership, intensity of use of the project; justification would be based on the change of environment. VOTE ON THE MOTION Motion carried unanimously. Mayor Cox reported a proposed bill by Senator Stirling would allow the County Water Authority to get into the utility service. MOTION MSUC (Cox/Nader) to take advantage of the existing opportunity to include in the legislation the insertion of a "hold harmless" clause for the Cities of Chula Vista and Carlsbad, as well as a property tax or in lieu property tax, so that the City of Chula Vista could be made "hold" in the event there is a municipal utility district. Councilman Malcolm further reported the background of Southern California Edison's Mr. Allen and the several hundred thousand dollars spent to have the SouthGate City Council recalled when they opposed him. Since he was successful, Councilman Malcolm advised the Council to "hold on to our knickers; he will be after us." Councilwoman ~cCandliss stated the importance to know what the Council dealing with and to recognize Mr. Allen's capabilities but what this Council is doing is right and the direction should not change; also, a others are working behind the scenes (SANDAG, and many County-wide organizations). c. City Clerk/Closed Session Reference was made to the great loss the City will experience with the retirement of the City Clerk, and Councilman Malcolm reported his feelings that the City of Chula Vista has qualified employees that would like to apply for the position. Presently, the direction is to make a nation-wide search. Councilman Malcolm would like to see the position opened up, first, to City of Chula Vista employees and allow the opportunity to seek someone qualified, stating his belief that promotion within is how good employees are kept. It is a disservice to the City to carry on with the very expensive and time-consuming effort of going nationwide for a search if a present employee is qualified. MINUTES 19 - January lO, 1989 MOTION M (Malcolm) to direct staff to start the process with a philosophy of looking at City of Chula Vista staff first and, if none are qualified, to then direct the nation-wide search. (Motion died for lack of a second.) ADJOURNMENT AT 10:25 p.m. to the Joint Meeting with the Charter Review Committee on Thursday, January 12, 1989 at 7:00 p.m. in the Council Conference Room and to the Regular Meeting of January 17, 1989 at 7:00 p.m.