HomeMy WebLinkAboutcc min 1997/07/22MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF CHULA VISTA
Tuesday, July 22, 1997
6:05 p.m.
1. ROLL CALL:
PRESENT:
ABSENT:
ALSO PRESENT:
Councd Chamber~
Public Services Building
CALL TO ORDER
Councilmembers: Moot, Rindone, Salas, and Mayor Horton.
Councilmember: Padilia
Assistant City Manager, Sid W. Morris; City Attorney, John M. Kaheny; and
City Cl~rk, Beverly A. Authelet
MSC (Rindone/Horton) tn excuse Councilmember Padilia who was absent because of a work commitment.
2. PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE
3. APPROVAL OF MINUTES: None submitted.
4. SPECIAL ORDERS OF THE DAY:
a. Oath of Office: City Clerk Authelet adnlinistered the Oath ot Office It) Robert M. Villarreal, Economic
Development Commission.
b. A report was presented to the Council by fijrmer Senator Waddie Deddah, of the Wilson Group, regarding:
their activities on behalf of the City during the lust-completed quarter l~t 1997.
CONSENT CALENDAR
(Dems pulled: 7. 8, and 10)
BALANCE OF THE CONSENT CALENDAR OFFERED BY MAYOR HORTON, headings read, texts
waived, passed and approved 4-0-1 (Padilia absent).
5. WRITTEN COMMUNICATIONS:
a. Letter from the City Attorney stating that to the best of his kno~dedl/,e froul observance ~d' actimlh
taken in Closed Session on 7/15/97 in which the City Attorney participated, that there were no reportable
actions which are required under the Brown Act to be reported. The letter wa~, recei,,ed and bled.
b. Letter of resignation from the Housing Advisnry Commission - Jerry D. Mayfield (ex-officio). The
resignation was accepted with regret, and the City Clerk was directed to post immediately according to th~ Maddy
Act in the Clerk's Office and the Public Library.
6. RESOLUTION 18735 APPROVING AGREEMENTS WITH VARIOUS COMMUNITY
PROMOTIONS GROUPS FOR EXPENDITURE OF CITY FUNDS - MISS CHULA VISTA PAGEANT,
GRETCHEN EVANS (LIBRARY CONCERTS), U.N. DAY COMMITTEE, AND BONITAFEST - Dunn~
the June 4 budget session, Council appr{>ved ti~nding these organizations. Stall rcc~ln:m~nds ad{,pttng the ,'es~llutt~,n
approving the agreements setting out the terms and c{Inditions to rcce.vc ('it.~ lund.n~, ((_'it>' Managel)
.luly 22. Io07
Page 2
7. RESOLUTION 18711 ACCEPTING BIDS AND AWARDING LANDSCAPE MAINTENANCE
CONTRACT FOR OPEN SPACE DISTRICTS 1, 5, 9 AND 10 TO NEW WAY PROFESSIONAL SERVICES
Bids were received on 6/10/97 to provide landscape maintenance. Existing contracts expired 6/30/97. Staff
recnmmends approval of the resolution. (Director nf Parks. Recreation and Open Space) Continued from the
meeting of 7/15/97.
Councilmember Salas stated the reason she pulled the item was a result of the correspondence received from New
Way Landscaping and trom Blue Skies Landscape Maintenance. The correspondence between the people that were
bidding and the process that was going on was confusing. She wanted to have an opportunity to learn exactly what
was going on with the bidding process. It staff cannot clarit~/this tonight, then she would like to continue this a
week so she could have an opportunity to digest this in order to make an infi>rmed decision.
Jerry Foncerrada, Deputy Parks Director, stated that the bidding process this year has been confusing. Initially the
bidding process was started in March. During the course of the advertising period, staff made a decision to extend
the existing contracts lbr an additional year to give time to evaluate what the effects of Proposition 218 had on these
d~strlcts. Therefi~re, the bidding process was halted. Consequently, we were advised by the City Attorney's Office
that because of' the large amlmnts <ff the contracts, it would be better to put the bid out again. Staff proceeded to
dn so. The recumbent contractors from the Districts were the only ones who submitted bids. The contractors didn't
bKl against each other. sn we had one bid liar the lBur clusters that we put out to bid. Staff was not comfortable
with the prices that came in because they were substantially higher than the previous year. Staff l-~lt that there may
have b~en collusion involved with the contractors by not bidding against each other, so staff threw those bids out.
Staff put the bid ¢~ut again and notified 48 landscape contractors that the bids were going out again. They had ten
elmtractors responded to the walk-thrnugh. Eventually, we ended up with three bids tbr each of the four clusters.
Based im the bids received. staff limit that they received good competitive bids. There were some minor addition
errors in the bids itself, but staff t~lt they were not that significant to cause those bids to be thrown out. There was
one contractor ~vho withdrew his low bids on a couple of the clusters because he had under estimated his costs by
a cnnsiderable amount.
Councilmember Moot stated that the question raised by Blue Skies would only apply to Agenda Item No. 8; it didn't
appear that they bid on Item No. 7. He asked if it would be appropriate to approve the contracts for Item 7 and
c{mtinue Item 8 to evaluate the position Blue Skies is taking and report back to Cormell.
Mr. Foncerrada stated that staff could do that.
RESOLUTION 18711 OFFERED BY COUNCIL~IEMBER SALAS, heading read, text waived, passed and
approved 4-0-1 (Padilia absent).
8. RESOLUTION 18712 ACCEPTING BIDS AND AWARDING LANDSCAPE MAINTENANCE
CONTRACTS FOR OPEN SPACE DISTRICTS 3, 4, 8, 11, 14, 15 AND 24 TO NEW WAY PROFESSIONAL
SERVICES AND RC LANDSCAPE - Bids were received on 6/10/97 to provide landscape maintenance. Existing
contracts expired 6/30/97. Staff' recnmmends approval of the resolution. (Director of Parks, Recreation and Open
Space) Continued from the meeting nf 7/15/97.
Addressing Cimncil were:
· Pedro Navarro, Jr.. 5339 Mt. Burnham Drive, San Diego, 92111, representing Blue Skies Landscape
Maintenance, stated that nn June 10 they did prepare a proposal. Upon opening the bids, they were high bidders,
but it appeared superficially that a competitive contractor had not fifilowed specific instructions. The reason they
were a high bidder is that they rnunded off all their numbers. The proposal stated, "all proposals must have the
area price clearly listed in cost per acre as well as the total price." To him that meant a logical sequence of
multiplications to come out with a grand total. They did prepare a written protest to Mr. Coggins, Purchasing
Department, who did answer their pr{~test with f~ur rebnttaI points in the negative. They were based on the city's
basis ~-Br accepting proposals with minor variances, etc. In the general provisions, it states that "any difference
between unit price correctly extended and the total price shown for all items, shall be resolved in t~.vor of the unit
Minutes
llul~ 22, I~)97
Pa~ ~
prices. This was his main concern that his paper work has shuwn that multiplication of tinit prices has not alwa~,s
resulted in the submitted bid price. He indicated that a meeting be called with all parties mw~lved t~ h~ok at the:..
· Bob Arciaga, 4113 Sweetwater Road, Bonita, representing RC Landscape, stated that they did lnake several
errors in the addition. but they were not large amounts in comparison to what the total bid was. The error that they
did make is in faw>r of the City, and they were willing tu work tbr that amount. It will not be a burden tor them,
He did not protest the last open space contracts that were submitted. They also had addition mistakes,
Councilmember Moot asked if we could bifurcate Resolution 18712 and approve Districts 3, 4. and 8 only and then
direct staff to analyze the July 22nd letter from Blue Skies and give Council a report back at which t.nc a dcc~sttm
regarding Open Space Districts 11, 14, 15, and 24 cuuld be made.
John Kaheny. City Attorney, stated that staff could amend the resolution as so stated.
Councilmember Salas stated that was acceptable to her.
RESOLUTION 18712 AS AMENDED TO INCLUDE DISTRICTS 3, 4, AND 8 ONLY OFFERED BY
MAYOR HORTON, heading read, text waived, passed and apprnved 4-0-1 (Padilia absent) with staff to
return to Council regarding Districts 11, 14, 15, and 24.
9. RESOLUTION 18736 APPROPRIATING FUNDS, ACCEPTING BIDS AND AWARDING
CONTRACT FOR THE INSTALLATION OF MINOR ENHANCEMENTS AT FIFTH AVENUE AND "C"
STREET, SECOND AVENUE AND CYPRESS STREET, RIVERLAWN AVENUE AND KEARNEY
STREET IN THE CITY (O735-10-STL-231) - On 6/ll/97 sealed bid:~ were ret. c,ved. The ~cneral s~t,pe t,l the_
prqject involves the removal and replacement of deteriorated street thetittles at three h~cat.lns: Fifth Avenue and
"C" Street - removal of the existing cross-gutter, placement of asphalt concrete pavement and crushed aggregate
base, and the installation of a curb inlet and reinforced cuncrete pipe; Second Avenue and Cypress Street; Riverlawn
Avenue and Kearney Street - reconstructtun of settled cross-gutters. replacement of curbs and gutters~ mstallat.~n
of P.C.C. pedestrian ramps, placement of asphalt concrete pavement and crushed aggregate base. and all other
installation items of work as shown tin the plans. Staff r~commends approval of the resolut.m. (D,rector ot Public
Works) 4/Sth's vote required.
10. REPORT OTAY RANCH SPA ONE PLANNED COMMUNITY DISTRICT REGULATIONS ON
"HOLLYWOOD" DRIVEWAYS - On 6~3/97, Council app.~ved Otay Ranch SPA One amendments and a tentative
map for the McMillin Companies portion ot the Otay Ranch SPA One Plan. McMilhn proptl~,cd amendm~ the
Planned Community District Regulation concerning "Hollywood" driveways. Council introduced the ordinance with
the market flexibility provisions tilr Neighborhood R-11 on 6/17/97. Representatives from Village Development
requested the same market flexibility li~r their portion of SPA One. It was recommended that the ordinance hilt bc
amended for Village Development without analysis by staff'. Staff was directed to return with a report on applying
the market flexibility provisions SPA-wide. Staff recommends no action be taken at this time. (Diretit..t
Planning)
* * * Conncilmember MotIt left the dais * * *
Councilmember Rindone stated that the report discusses the existin~ Hollyw<~od Driveways that arc estabhshed
areas of Chula Vista that were created a nnmber of years ago were with a typical house that ,,'.'as 'm~aller m '.ize and
of a single story construction. Older devchlpments ,n many cases utilized single-car garages xv~th llal'itlv~
driveways. Both of those statements were n{,t totally accurate. I1 y{lu Io.k at .,time tit the nc~ghl~.'htlod~ )~,u
see that on 50 foot lots, they have Hollywood Driveways with single story ht,llles and double garages. Hc h:lt the
infbrmation provided seeIlls to try to ofl~r reasons liar not doing this when in lact we have examples, t~l the contrar)
He has no problem with the Hollywood Driveway. All he was tryin~ to do ,,,/as to point out that the examples
not exceptions l~3r not doing Hollywood Drives on a 50 |hot lot.
Ken Lee, Assistant Plalming Director. stated he had no disagrceinent with Councilmember Rlndonc's statement>,,
Staff has found that the lots in the older parts of town are about 130 feet deep. That was part of the issue that if
July 22. Ic)07
Page 4
wc have a lot , I00 feet in depth, it becomes very difficult. That is why staff is saying that in the future planning
of the villages, If we want to consider this om the narrower lots, we will have to go to a deeper lot to make it work.
There are some other options such as going to a zero lot line or allow the garage area itself to go over to the
property lines,
Cot~ncdmember R~ndone stated that Mr. Lee was correct in that the 50 ~ot wide lots, the property was deeper.
Ilowcver, he was familiar with a home that had a lot of only 100 f~et deep.
ACTION: C~mncil received and filed the report.
* '~ * Cimncilmember Moot returned to the dais * * *
END OF UONSENT CALENDAR
ORAL COMMUNICATIONS
(There were none)
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
I I. PUBLIC HEARING PCA-97-04: CONSIDERATION OF AMMENDMENTS TO THE MUNICIPAL
CODE TO CHANGE THE DEFINITIONS OF SMALL AND LARGE FAMILY DAY CARE HOMES AND
FAMILY DAY CARE - The proposed proiect is an amendment to the Municipal Code to change the definition of
thmily day care and thmily day care homes such that they are consistent with recent changes in California State law.
Staff recommends Council place the ordinance on first reading. (Director of Planning)
ORDINANCE 2710 AMENDING SECTION 19.04.093 THROUGH .095 OF THE MUNICIPAL CODE TO
MODIFY THE DEFINITION OF FAMILY DAY CARE AND FAMILY DAY CARE HOMES (first readin,~)
Cimncihnember Rindone stated that he understood the intent uf state law was to expand by at least two children.
He asked if there was any other square flintage requirement that goes along with this; it would appear to him that
the t~riginal premise tot the nnmbers that was established tbr the child care centers was based upon minimal square
ted. He supported the expansion iff two more, but he was interested if there was any companion legislation that
dealt with square t~et.
Ken Lee. Assistant Planning Director, stated that there was not. He t~lt that because there were other quali~ers
m the law. e.g. that no more than three infants are cared tbr at any time when there are more than twelve children
being cared ti~r. There are ,.luali~ers that deal with the mix of age groups.
Fl~y- being the tinge and place as advertised, the public hearing was opened. There being no one indicating a desire
speak, the public hearing was closed.
ORDINANCE 2710 PLACED ON FIRST READING BY MAYOR HORTON, heading read, text waived,
passed and upproved 4-0-1 (Padilia absent).
12. PUBLIC HEARING PCM-94-04: CONSIDERATION OF A STREET NAME CHANGE FROM
EAST ORANGE AVENUE TO OLYMPIC PARKWAY BETWEEN I-805 AND WUESTE ROAD - This is
a City-initiated application requesting approval to change the name of East Orange Avenue between 1-805 and
Wueste Road to "Olympic Parkway." The intent is to gain approval of the name change of the entire length of the
rlmdway. but to implement only the segment between Hnnte Parkway and Wueste Road, which currently connects
t{~ the ARCO Olympic Training Center. Implementation of remaining segments of East Orange Avenue to the west
would only occur as the flittire street segments are connected through to the east. Staff recommends approval of
the resolutions. (Director of Planning)
Minutes
July 22, 1997
Page 5
A. RESOLUTION 18737 TERMINATING THE FIRST CONCESSION GRANTING AGREEMENT WITH
EASTLAKE DEVELOPMENT COMPANY
B. RESOLUTION 18738 APPROVING A STREET NAME CHANGE FROM EAST ORANGE AVENUE
TO OLYMPIC PARKWAY BETWEEN I-805 AND WUESTE ROAD
Ken Lee, Assistant Planning Director, stated that this proposal to identil:y ama. lor east/west road with the Olympic
Training Center as a destination point was first considered by the Council in 1993. This has been endorsed by the
U.S. Olympic Committee as well as the major property owners. He titrthcr stated that the reas~m ti~r the stall
recommendation tbr this particular road from I-805 to the litlure I-125 scgtrmnt was entirely through an open space
network, and staff felt the word, "parkway", was a better description of this particular road as opposed to
boulevard. This was also the recommendation of the Planning Commissiem.
Councilmember Rindone supported staft's recommendation. He complimented staff not only with the appropriate
naming, but also because they had devised a phase-in plan of how to m~pl~ment ~t so ~t would not cause ct~ntus~tln
for drivers on the freeways until all segments were completed.
This being the time and place as advertised, the public hearing was opened. There being no one indicating a desire
the speak, the public hearing was closed.
RESOLUTION NOS. 18737 AND 18738 OFFERED BY COUNCILMEMBER RINDONE, headings read, texts
waived, passed and appr0ved 4-0-1 (Padilia absent).
Mayor Horton stated that it often takes Its a long time to g~t changes thr{mgh Caltrans. She asked when will stall
submit a request to accommodate the decision to change the street name.
Mr. Lee responded that staff' will contact Caltrans immediately and let them know what our h>ng-langc plans
and have them provide us with a schedule as we move into th~ phases so we can cc~ordmatc with them.
13, PUBLIC HEARING RESOLUTION OF INTENTION TO FORM ASSESSMENT DISTRICT 96-01
ON TWIN OAKS AVENUE BETWEEN NAPLES STREET AND EMERSON STREET, PURSUANT TO
THE IMPROVEMENT ACT OF 1911 o On 5/6/97, Council approved th~ blmndary map tilt Assessment D~smct
96-01. Council also approved ordering the installation of street improvements on Twin Oaks Avenue from Naples
Street to Emerson Street pursnant to the Improvement Act of 1911. The first public hearing was h~ld {in 7/15/97.
Staff recommends approval of the resolution. (Director of Public Works)
RESOLUTION 18739 MAKING FINDINGS AT PUBLIC HEARING PURSUANT TO CHAPTER 27 OF
THE "IMPROVEMENT ACT OF 1911" TO FORM ASSESSMENT DISTRICT 96-01, ON TWIN OAKS
AVENUE BETWEEN NAPLES STREET AND EMERSON STREET
Cliff Swanson, City Engineer, stated that at the first public hearing, no property owners testified against the district.
This being the time and placed as advertised, the public hearing was opened. There being no one indicating a desire
to speak, the public hearing was closed.
RESOLUTION 18739 OFFERED BY MAYOR HORTON, heading read, text waived, passed and approved
4-0-1 (Padilia absent).
14. PUBLIC HEARING RESOLUTION OF INTENTION TO FORM ASSESSMENT DISTRICT 97-01
ON OXFORD STREET BETWEEN FOURTH AVENUE AND FIFTH AVENUE, PURSUANT TO THE
IMPROVEMENT ACT OF 1911 - On 5/13/97, Council approved th~ btmndary map ti~ Assessment D~str~ct 97
01. Council also approved ordering the installation of street improvements on Oxtbrd Street/~rom Fourth Avenue
to Fifth Avenue pursuant to the Improvement Act of 1911. The first public hearing was held on 7/15/97. Staff
recommends approval of the resolution. {Director of Public Works)
,lul~ 22. 1997
RESOLUTION 18740 MAKING FINDINGS AT PUBLIC HEARING PURSUANT TO CHAPTER 27 OF
IHE "IMPROVEMENT ACT OF 1911" TO FORM ASSESSMENT DISTRICT 97-01, ON OXFORD
STREET BETWEEN FOURTH AVENUE AND FIFTH AVENUE
Chff Swanson. City Engineer. stated that at the previous pnblic hearing, no one spoke against the formation of the
chstrlcl.
This being the time and place as advertised. the public hearing was opened. There being no one indicating a desire
speak, the public hearing was chased.
RESOLIITION 18740 OFFERED BY MAYOR HORTON, heading read, text waived, passed and approved
4-0-1 (Padilia absentl.
BOARD AND COMMISSION RECOMMENDATIONS
None snbmitted.
ACTION ITEMS
I:~. RESOLUTION 18741 APPROVING A MEMORANDUM OF UNDERSTANDING WITH THE
SOUTH COUNTY ECONOMIC DEVELOPMENT COUNCIL FOR ECONOMIC DEVELOPMENT
COOPERATIVE EFFORTS Cnnncil appropriated fi~nding liar the South San Diego County Economic
Development Council (SCEDC)~n fiscal years 1995/96, 1996/97, and 1997/98. A Memorandum of Understanding
(MOU) with SCEDC was appmved by Council fi>r fiscal years 1995/96 and 1996/97. The MOU called tbr
cl~ordinated ecl~nomic development et'fi~rts and reqnired quarterly reports fi'om SCEDC in exchange for the City
~'{mtributmns. Cimncil appropriated current year thnds with the stipulation of a required renewal of the MOU with
SCEDC. Staff reclm~mends apprl~val nf the resoluti~n. (Director of Cnmmnnity Development)
RESOLUTION 18741 OFFERED B;' MAYOR HORTON, heading read, text waived, passed and approved
4-0-1 (Padilia absent).
16. RESOLUTION 18742 AUTHORIZING AYRES LAND COMPANY INC., TO CONSTRUCT
TELEGRAPH CANYON ROAD IMPROVEMENTS AND EAST PALOMAR STREET FROM OLEANDER
AVENUE TO MEDICAL CENTER DRIVE AND RECEIVE CREDIT AGAINST DEVELOPMENT IMPACT
FEES - The City Engineer has received a letter dated 7/3/97, fi'om the Ayres Land Company requesting
authorization to begin construction of two roadway lhcdities identified in the City's Transportation Development
Impact Fee (TDIF) Capital Improvement Projects list and begin the DIF credit process. The grading plans have
hcen submilled and approved as of 7/18/97. Staff recommends approval of the resolution. (Director of Public
Works}
('{mncilmemher Ml~ot stated that It ~s anticipated most of the major prqjects listed will be built and then the
dcxch~pet will earn credits against that. Has this been typical fi~r us tBr some time'?
('hft Swansira. City Engineer, replied that our Growth Management Ordinance requires the streets be put in. The
d~velopers have always ironted the money and received credit. The City has nndertaken a couple of regional
prOleers such as freeway interchanges. For the most part, all of the other roads have been done by the developers.
It is typical to pay the money npti'ont to build a road and then get credit back later.
RESOLUTION 18742 OFFERED BY MAYOR HORTON, heading read, text waived, passed and approved
4-0-1 (Padilia absent).
ITEMS PULLED FROM THE CONSENT CALENDAR
hems 7, 8. and I{~ were pulled, hut the minutes will reflect the printed agenda order.
Minutes
July 22, 1997
Page 7
17.
OTHER BUSINESS
CITY MANAGER'S REPORT(S) - there were none.
18. MAYOR'S REPORT(S)
Mayor Horton read a letter from the POA that stated coinplaints had been received t~um local businesses regarding
solicitors who claim they represent various police and fire fighter organizations. They collect money and represent
that they are assisting local law en/brcement and firefighters with everything from disability to widows and orphans.
Not all these organizations are legitimate. Must of the money they collect goes to the orgamzation hired to dr} the
fund raiser. If people are inclined to support public safety, they should contact their local associations.
Ratification of appointments:
MSC (Hort0n/Rindone) to ratify the tifilowin~2 appointments: Charter Review Commission. David L Potter
fill vacancy created by Commissioner Reid, whose term expired on June 30. 1997; Child Care Commission, Rae
Correira. to fill vacancy created by Commissioner Cavanah, whose term expires June 30. 2000; Design Review
Commission, Alfredo Araiza, to fill vacancy created by Coinmissioncr Duncanson. whose tcrtn expired {in June 313.
1997; Growth Management Oversight Commission, Walter L. Fisher, Southwest Rep.
Comnussioner Allen. whose term expires June 30, 2000: and Manuel R. Aguirre. Development Rep, to till vacancy
created by Comnxissioner O'Neil, whose term expires June 30, 1998. Motion approved 4-0-1 (Padfila absent).
19. COUNCIL COMMENTS
Councilmember Moot stated the San Diego National Bank had a brief ribbon cutting to announce the ct~nsolidation
of San Diego National Bank and Regency Savings Bank both have tithoes m Chain Vista. A, part tfi the
announcement of that consolidation, they gave out some money to varytins ctmlultHlfl~c~ in the South Bay area.
of the groups which r~eived donations was the Boys and Girls Club t~r $2.000 and Feaster Elementary School.
a Charter School in Chula Vista, to help with the Edison prqicct.
The meeting adjourned at 7:35 p.m.
ADJOURNMENT
Respecttally st~tcd.~
~~thelet~ CMC/AAE
City Clerk