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HomeMy WebLinkAboutcc min 1997/08/12MINUTES OF A REGULAR MEETING OF TIlE CITY COUNCIL OF THE CITY OF CItULA VISTA Tnesday, August 12, 1997 6:04 p.m. 1. ROLL CALL: PRESENT: ABSENT: ALSO PRESENT: Council Chainhers Public Services Building CALL TO ORDER Councihncmbers: Moot, Rindone, Salas, and Mayor Horton. Councilmember: Padilia City Manager, John D. Goss; City Attorney. John M. Kaheny; and City Cl~rk, Beverly A. Anthelet MSC (RindonetHorton) to excuse Councilmember Padilia who was otll ou a family bereavement time. Motion carried 3-0-1-1 (Padilia absent, Moot abstaining). No reason was given ti>r Councihnember Moot's abstention. 2. PLEDGE OF ALLEGIANCE TO TIlE FLAG, MOMENT OF SILENCE 3. APPROVAL OF MINUTES: None snbmittcd. 4. SPECIAL ORDERS OF THE DAY: a. Oath of Office: City Clerk Authelet administered the Oath of Office to: Ed Kaya, Board of Appeals & Advisors; Matt A. Flach, Cultural Arts Commission; Rathal L. Munoz. Grmvth Management Oversight Commission; Barbara Charett, Library Board; and Charles Ball, Resource Conservation Coinmission. b. Charles Stoll, from Caltrans, made a presentation on the preferred alternative recommendation lbr Route 125 South Project. The alternative they supported was not the one recommended by the Citizens Advisory Committee. · John W. Willett, 97 Mont~bello Street, Chula Vista, 91910, Chair of SR-125 CAC, stated it was extremely disheartening to learn that the Federal Highway Administration has r~jected the CAC/Horseshoe Bend alignment based on inteq3retation of the Federal Highway Act Section 4(f) regarding transportation projects and its impact on park lands. It was their recommendation that the City within their sphere of influence submit a reqnest to the Federal Highway Administration via Caltrans tier reconsideration of the CAC/Horseshoe Bend variation as the preferred alignment. CONSENT CALENDAR (Item pulled: 9) BALANCE OF TIlE CONSENT CALENDAR OFFERED BV MAVOR ItORTON, headings read, texts waived, passed and approved 4-1}-I (Padilia absent). 5. WRITTEN COMMUNICATIONS: a. Letter frmn the City Ainu'hey stating tlmt to the best nf Iris knowledge from observance of actions taken in Closed Session on 8/5/97 in which the City Attlwuey participated, that tbere were no reportable actions which are required under tbe Brown Act to be reported. The letter was received and filed. Minutes Augnst 12, 1997 Page 2 b. Letlet frnm Ricardo Q. Mendoza requesting finaucial sopport for the Local International Boys Youth Baseball Tournament being hosted by the San Diego County Boys Baseball Organization to he held in San Diego from August 11 to August 17, 1997 - This is a r~qucst fi'o~n the San Diego Connty Boys Baseball Organistion IBr sponsorship timds fi~r a bascl~all tournament. The ~imds would be used toward housing and ti~od costs for the visiting coaches, as well as transportation costs ti>r the teams, umpire services, equipment, and uniforms. This reqncst does not mcct the criteria fi~r fimdin~ organizations established in Council Policy 159-02, which was adopted in 1994, as there is no "tangible benefit to the City." Thorclaire, Council approved stafl's recommendation to deny the request. 6. ORDINANCE 2711 AMENDING SECTIONS 19.22.170 AND 19.64.180 OF THE MUNICIPAL CODE RELATING TO REQUIRED SIDEYARD SETBACKS FOR ADDITIONS TO EXISTING RESIDENCES (second readinl~ and adoption} - The proposal is to amend Sections 19.22.170 and 19.64.180 of the Municipal Code to allow building additions to adhere to the same setback el~ioyed by the existing house, but no closer than five l~et to the side property line with a minmmm ten lilot separation I~om any adjacent residence. Staff recommends Council place the ordinance on second reading and adoption. (Director of Planning) 7. RESOLUTION 18756 AUTtlORIZING THE DIRECTOR OF FINANCE TO INITIATE A COMPETITIVE PROCESS TO SELECT AN UNDERWRITER(S) TO MARKET THE BONDS FOR ASSESSMENT DISTRICT 97-2 ON A NEGOTIATED BASIS - At the request of Village Development, the council has recently approved the initiatilm of proceedings under the Municipal Improvement Act of 1913 liar the formation of Assessment District 97-2. Approximately $15 million in Assessment District Bonds are proposed to be issued to provide fi~nding for necessary streets. In order to provide maximran protection to the City, as well as the potential buyers of the Bonds, it is being r~commended that an nnderwriter or team of nnderwriters be selected throngh a competitive process so that the btmd issue can be structnred and priced on a negotiated basis, as opposed to selling the bonds through a competitive bid prt~cess. Staff recommends approval of the resolution. (Director of Finance) Conncihnember Moot stated the ite~n was described as initiating a competitive hid process, but in the body of the staff report, it indicated that part of it wasn't going to a competitive bid. He was con~sed as to what was going to competitive bid and what wasn't going to competitive bid. Mr. Powell, Finance Director, stated these w~lrds are financial market words. When he says competitive basis as Ihr as the selection of an underwriter, that is exactly what it means. The bonds will then be marketed under a negotiated basis which means that we will negotiate the interest rate on the bonds with the selected underwriter at the time we go to sell the bonds rather than pntting the bonds out to a pnblic bid and taking the lowest bidder at that point in time. The rationale liar doing this is that this bund issne, has a recent history of bankruptcy; there is going to be a lot of disclt~sure requirements, and the best price on these bonds will be received by having an underwriter on board early that could be selected thrtmgh a competitive process so that they could work with their investors and educate their investors dnring the time beti~re the bonds are sold to obtain the best interest rate. 8. RESOLUTION 18757 APPROVING A MEMORANDUM OF UNDERSTANDING WITH THE CITY OF SAN DIEGO REGARDING EXPANSION AND REDESIGNATION OF THE SOUTH SAN DIEGO RECYCLING MARKET DEVELOPMENT ZONE TO INCLUDE THE CITY OF CHULA VISTA; AND DIRECTING STAFF TO PREPARE AN ADDENDUM TO THE EXISTING SOUTH SAN DIEGO RECYCLING MARKETING DEVELOPMENT ZONE APPLICATION FOR SUBMISSION TO THE STATE California legislation created the Recycling Market Development Zone program to provide incentives to businesses that use secondary materials t~om the waste stream as feeedstock fi>r manulhcturing and, therefore, to divert solid waste material from the State's landfills. The pruposed MOU, which has been executed by the City of San Diego, commits San Diego to support the City's request to redesignate the South San Diego Recycling Marketing Development Zone to include Chula Vista. Following approval of the MOU, staff will prepare an application to Minutes August 12, 1997 Page 3 the State Integrated Waste Management Board. Stall' rectmnnends apl~roval of the resoh~tion. (Director of Community Development and Conservation C{~ordinator) 9. RESOLUTION 18758 APPROVING AGREEMENT WITII KINNETIC LABORATORIES, INCORPORATED FOR NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) DRY WEATHER DISCHARGE FIELD SCREENING AND ILLEGAL DISCHARGE DETECTION SERVICES - A requirement of the City's NPDES Permit is that all agencies annually conduct dry weather discharge field screening at major outfalls during the dry weather seas{in in order to detect illegal discharges to the storm water conveyance system and to identit}' the sources of said illegal discharges. Staff considered it necessary to retain an outside consultant. Staff received six proposals and has determined the firn~ of Kinnetic Laboratories, Inc. was the most qualified and submitted the lowest bid. Staff recommends approval of the resolution. (Director of Public Works) Councilmember Rindone stated that since 1094, Woodward Clyde, consultants, have been perfilrming the NPDES services. He asked why not continue with them. Cliff Swanson, City Engineer. replied that they did not submit a proposal. As a coq~orate decision, they decided to move slightly into other directi~ms rather than this particular field. They are no longer going to continue doing this type of work. RESOLUTION 18758 OFFERED BY COUNCILMEMBER RINDONE, heading read, text waived, passed and approved 4-0-1 (Padilia absent). 10. RESOLUTION 18759 APPROVING FOURTH AMENDMENT TO AGREEMENT WITH SAN DIEGO TRANSIT CORPORATION (SDTC) FOR UNIFIED TELEPHONE INFORNIATION SYSTEM - This agreement contirades Chula Vista's participatitln in the Regional Transit lnformation System operated by San Diego Transit, which provides schedule and trip plannin~ inli~rnmtitm on all public transportation systems in the county. Staff recommends approval of tile re,solution. (Director of Public Works) 11. RESOLUTION 18746 APPROVING A DETENTION BASIN AND SILTATION AGREEMENT WITH VILLAGE DEVELOPMENT L.L.C. TO PROVIDE FOR THE CONSTRUCTION, MAINTENANCE AND OPERATION OF DETENTION BASINS AND REMOVAL OF SILT FROM SAID BASINS AND TELEGRAPH CANYON CHANNEL AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT - On 11/19/96, Council approved Tentative Map Number 96-04 liar a pm'tion of Villages One and Five of Otay Ranch. The Tentative Map c~mditi~ns require that. prior to issuance hy the City of a grading permit, the developer shall enter into an agreement with the City t~l prigvide fi~r the construction and maintenance of certain drainage improvements. The developer is carrently processing grading plans with the City and isstaance of the grading permit is anticipated shortly. Staff recomn~ends appr~/val of the reslllution. (Director of Public Works) Continued from the meetinll of 8/5/97. * * * ENI)Ol.' CONSEN1' C'AI.ENI)AR * * * ORAL COMMUNICATIONS ® Craig Campbell, 531 Flower Street, Chula Vista, 91910, stated lhat in July he got a ticket at the Chula Vista Library fi~r parking too long; it was a $2,500 fine xvhich is a lot illt~re than an expired meter. He limnd it irritating to be fined tilt using the public library. He was there tier more than tw~l hours because he was helping an elderly widow to get inti/rmation t~ sell her antiques at a g<,od price. He t~lt he was being punished along with the people that abuse the parking privileges. He did not I~el this was right aud that the law needed to be changed. Minutes August 12, 1997 Page 4 One of the things in his written complaint was that the signs were too high. He went back Ibur days later to take pictures of the signs and I~lt that the signs had been lowered since his complaint. Councihnember Rindone stated that he was on the Library Board at the time. The reason this was implemented was because there were a number of businesses who were having their employees park in the lot all day long. It was creating a great deal of concern, because people wanting to use the library couldn't find a parking place. It was instituted in order to be able tu encourage people who were not library patrons to park someplace else. There is an alternative that if yon plan to he there l~>r I<mger than two hours. you can obtain a sticker then you could be there as l{mg as you want. Mayor Horton asked if that was posted stonewhere. Mr. Campbell stated that there is a small sign on the inl~rmation desk that yon don't see if you don't go to the inti~rmation desk. He suggested that a sign be posted that states, "Patrons Only." Mayor Horton stated that this will be rellgrrcd to the Library Board fi~r reconsideration. · Britt Berrett, 1125 Carlos Canyon, Chain Vista, 91910. CEO of Sharp Cuhla Vista Medical Center, stated they were interested in the health and wellness of the community. Health care is a very regulated industry. He reported that every quarter their hospital, as does every hospital in Cal ifi~rnia, snbn~its to the State inti~rmation about all the admissions and the type of patients that they treat. That inlimnation is aggregated in Sacra~nento. Most recently they were asking the question. How healthy is the South Bay? They obtained that inti~rmation from Sacramento, looked at the type of discharges that were occurring fi~r the population in the South Bay. They summarized and analyzed that. He shared the f't~llowing infi>rmation about the South Bay: The pregnancy rate is 17 % higher than all of San Diego and the State; the circulatory rate with the cardiac rate is about 2 % higher; respiratory disease is 10 % higher conH~ared to San Diego and 3 % higher than the State; discharges t~r mental health illness are 18 % lower compared to San Diego and 21% lower that the State. · John Bowen, 470 Oxli>rd Street, Chnla Vista, 91911. representing the Bahia Sur Kennel Club, stated they were conducting an AKC Breed and Obedience Match to benefit the P.E.T.S. volunteer organization at the Chula Vista Animal Shelter. He wanted the Council to serve as judges tbr the show. PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES None submitted. BOARD AND COMMISSION RECOMMENDATIONS None submitted. ACTION ITEMS 12. RESOLUTION 18745 ACCEPTING BIDS, WAIVING MINOR BID IRREGULARITIES AND AWARDING LANDSCAPE MAINTENANCE CONTRACTS FOR OPEN SPACE DISTRICTS 11, 14, 15 AND 24 TO R C'S LANDSCAPE MAINTENANCE - Request fi~r bids to provide landscape maintenance services /br Open Space Districts 11,14, 15 and 24 were let on 5/28/97. These districts went out to bid because their existing contracts had come to terln and expired 6/30/97. The item was continued from the meeting of 6/24/97 for flirther bid analysis. In the interim, landscape maintenance has been perfimned in these districts via a one month extension of the existing fiscal year 1996/97 contracts. Staff recommends approval of the resolution. (Director of Parks, Recreation and Open Space) Cnntinued t'rmn the meeting of 7/22/97. Minutes August 12, 1997 Page 5 John Coggins, Pnrchasing Agent. stated that in response to the protests, he pointed out that the bid fi>r open space landscape maintenance was intentionally strnctured to allow us to award in a flexible manner to the City's best economic advantage. As such, we can consider things other than costs. snch as past perfin'mance. However, cost is what we like to ti~cus on. and in this particnlar case staff is making a recommendation to go ti~rward with the low bidder lbr all districts. R C Landscape Maintenance is currently doing business with the City in other locations, they are thmiliar with our requirements and standards. We also require a pertkmnance bond fi'om the contractor to insure adeqnate performance on their part. They were tile h~w, responsible, and responsive bidder for all l~ttr districts relicfenced. They have bonded at 25 % of the contract amonnt which is the requirement. He further stated that what we will do is to award the contract throngh Jnne 30, 1998. At that fime, all open space landscape districts will come up lilt renewal. As a resnlt, we will take the opportunity to look at more efficient ways in bidding these out; perhaps reclustering districts. We will make some changes to the specifications to make them more clear to the bidders, because there was some confusion on the nnit costs. Councihnember Salas stated that R C has done business with the City fi~r ten years. It was her understanding that Blue Skies has also contracted with the City and that last year they had the contract flit the districts that are ander protest and are being reconlnlended to be awarded to RC. Sh~ asked if th~ service was dissatisfactory or if there was something lacking in their perli~rmancc. Mr. Foncerrada stated no. He ctmsid~red Blue Skies one of the best landscape contractor we have. Unti/rtnnately, the bids subn~ilted by RC was less than the bid submitted by Blue Skies. Councihnember Salas stated that the inti~rmalion she had is that Blue Skies d~es agree it ;vas lower, hut that the difference was $352 a month. She asked if there was any leeway given fi~r consistency t~r a contractor who is familiar with the open space, and they have a routine of working it so that they maximize their efficiency. Mr. Foncerrada replied that by law they were prohibited from taking a contractor that was higher than the low responsible bidder. Councihnember Salas stated that if there are minor mistakes and irregularities, there is a provision that you make allowance fbr that, hut when you are talking ahont a difference $50,000 as opposed to $28,000, she did not t'~el that was a minor irregnlarity. She understands that tile error actnally w~rks in mlr favor this time. but to her that difti~rence was not minor. Mr. Coggins stated that regardless of either way yon look at that particuhn' district, whether it is by extended nnit cost or by luml~ sum. RC would be the h~w bidder. Councihneml~er Moot stated to the extent that staB' can sirepill}' this, he is satisfied that this has been handled appropriately, but when you have these kinds of mathematical errors <>1' this significance, it is an indication that we need to be more carerid becanse we d¢,n't want people submitting bids even if it happens tt~ be m onr favor that ar~ making these kinds of mathematical errors in the process. Councihnenlber Rindone stated that this was not staft"s error: this was tile error of tile bidder. Staff was fi~llowing procedures and l~lt that the rccommendati~m was appropriate. RESOLUTION 18745 OFFERED BY COIIN'CILMEMBER RINDONE. heading read, text waived, passed and approved 4-0-1 (Padilia absent). 13. RESOLUTION 18760 APPROPRIATING FUNDS FROM THE TRAFFIC SIGNAL FUND TO REIUMBURSE DEVELOPER FOR COSTS INVOLVED WITH TRAFFIC SIGNAL RELOCATION AT THE SOUTHEAST CORNER OF THlRD AVENUE AND PALOMAR STREET - Kentucky Fried Chicken (KFC), developer of tile property at the southeast corner of Third Avenue and Palomar Street, plans to huild a KFC fast food restaurant. As part of tile development. KFC is r~tluired to widen h~th streets to meet cnrrent standards Minutes August 12, 1997 Page 6 mandated in the City's Circulation Element of the General Plan. Part of that widening includes the relocation of the existing traffic signal standard on the corner. Staff recommends approval of the resolution. (Director of Public Works) 4/Sth's w~te required. Cotincihnember Moot stated he did not get into the tfflice today, and he wanted to check on whether one of his partners who was in land use had represented KFC. He asked if we needed to vote on this now. Normally he wonld .just abstain to be cautious. but this rctlnires a 4/51h vote. Therefin'e, this couldn't pass tonight anyway. Cliff Swanson, City Engineer, stated that the pr{~iect is done, and the developer would be anxious to get his money. He l~lt that one week delay may m~t hurt. MSC (Rindm~e/Horton) to cm~tinne the item lin' one week. Motion passed 4-(1-1 (Padilia absent). ITEMS PULLED FROM TIlE CONSENT CALENDAR (Item No. 9 pulled, but the minntes will reflect the published agenda order). OTilER BUSINESS 14. CITY MANAGER'S REPORT(S) Mr. Goss presented the ti~llowing items: · Conncil had tentatively scheduled a Council bus tonr l~3r Satnrday, August 23, at 9:00 a.m. However, two members of the Council are unable to attend. Councihnember Rindone stated that with only three members, it det~ated the purpose. Thereti3re, he snggested the Council be resnrveyed t~>r a date when at least timr could attend. · Jim Young. Director of the Office of Small Business for California Trade and Commerce, will be at the BECCA bnilding on Wednesday, Augnst 13, at 9:00 a.m. Rod Davis from the Chamber will be there to sign the necessary agreement tier the recently awarded $100,000 grant to the Chamber and to BECCA. They have collaborated on a ZTAC grant application, and the $100,000 grant is fi~r a debt financing equity investment program tbr the BECCA incubator and its tenants. · Presented a report from a recent Australian trip. He was part of an exchange program. He thanked the California City Management Foundation that underwrote the airfare and the Institute for Municipal Management, New South Wales Division, which is the connter part group in Sydney, Australia that paid for both he and his wife's conference registration and the hotel. · Mr. Goss annonnced his retirement. He would consnit with the Council as to the exact details and timing of the retirement. 15. MAYOR'S REPORT(S) MSC (Horton/Rindone) to ratify tire appointment nf Barbara Wnrth to the Housing Advisory Commission as ex-officio member (to fill vacancy created by Cnnmdssioner Mayfield whnse tenn expir~ June 30, 1998). Motion carried 4-0-1 (Padilia absent). 16. COUNCIL COM[MENTS - there were none. The meeting a4joumed at 7:35 p.m. ADJOURNMENT Respectfully submitted. B~verly A. Authelet, CMC/AAE City Clerk Minutes August 12, 1997 Page 7