HomeMy WebLinkAboutcc min 1994/03/08 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF CHULA VISTA
Tuesday, March 8, 1994 Council Chambers
6:10 p.m. Public Services Building
CALL TO ORDER
1. ROLL CALL:
PRESENT: Councilmembers Fox, Moore, Rindone, and Mayor Pro Tem Hotton
ABSENT: Mayor Nader
ALSO PRESENT: John D. Goss, City Manager; Bruce M. Boogaard, City Attorney; and Beverly
A. Authelet, City Clerk
2. PLEDGE OF ALLEGIANCE TO THE FLAG. SILENT PRAYER
3. APPROVAL OF MINUTES: March 1, 1994.
MSC (Moore/Fox) to approve the minutes of March 1, 1994 as presented. Approved 4-0-1 with Nader absent.
4. SPECIAL ORDERS OF THE DAY:
4a. Oath of Office: Rosalinda Nava - Otay Valley Road Project Area Committee.
Mayor Pro Tern Horton stated Ms. Nava was not in attendance.
CONSENT CALENDAR
(Item pulled: 5e)
BALANCE OF THE CONSENT CALENDAR OFFERED BY COUNCILMEMBER RINDONE, reading of
the text was waived, passed and approved 4-0-1 with Nader absent. Approved 4-0-1 with Nader absent.
5. WRITTEN COMMUNICATIONS:
5a. Claims against the City: Claimant Number 1 - Bud's & Son Trucking, Inc., John Miguel Butler and
Robert Parks, c/o Royce, Grimm, Vranjes, McCormick & Graham, Attorneys at Law, P. O. Box 121512, San
Diego, CA 92112-5512; Claimant Number 2 - Charles Garcia Morales, a minor by his Guardian Ad Litem,
Rosemary Flores, c/o Timothy C. Rutherford, Barwick, Rutherford & Scott, Attorneys at Law, 3434 Grove St.,
Lemon Grove, CA 91945. It is recommended that the claim against the City filed by Bud's & Son Trucking, Inc.,
John Miguel Butler and Robert Parks be denied and that the application for Leave to File Late Claim filed on behalf
of Charles Gareia Morales be accepted but that the claim be denied.
5b. Letter requesting the City Council change Municipal Code 8.24.060 to allow more flexibility in
granting exemptions on trash pick up - Calvin and Colleen Jackson, 1322 Crann Ave., Chula Vista, CA 91911.
It is recommended that this issue be referred to staff for analysis and recommendations.
5c. Letter of resignation from the Economic Development Commission (ex--officio) - Sheila H. Washington,
Washington Enterprises, 225 Broadway, Suite 2250, San Diego, CA 92101. It is recommended that the resignation
be accepted and the City Clerk be directed to post immediately according to the Maddy Act in the Clerk's Office
and the Public Library.
Minutes
March 8, 1994
Page 2
5d. Letter requesting Council: (1) Adopt a resolution of support of AB 13 (making all workplaces,
including restaurants, smoke free), with copies sent to the Legislature; (2) Contact the legislators who
represent Chala Vista in Sacramento to urge them to vote in favor of this bill; (3) Lend their names to be
used in a statewide lobbying effort to help ensure passage of this legislation; and (4) Adopt the City's own
restaurant smoking ban in the interim - Paul Koretz, Councilmember, City of West Hollywood, 8611 Santa
Monica Blvd., Wast Hollywood, CA 90069-4109. It is recommended that this requast be referred to staff for
analysis and recommendation.
5e. Letter requesting a donation of $1,250 to help cover the tuition in the People to People Student
Ambassador program to the United Kingdom and Ireland - Ethan Mullen, 2782 Caulfield Dr., San Diego, CA
92154. It is recommended that Mr. Mullen's requast be denied, but that the City Council encourage the news media
to assist in whatever way they can in helping him generate the funds to participate in this event. In additio·, the
City will put his request in a public service announcement as part of the televised Council Meeting. Pulled from
the Consent Calendar.
· Ethan Mullen, 2782 Caulfield Drive, San Diego, CA, student at Chula Vista Junior High and in the School
of Performing Arts, stated he had been chosen to participate in the People to People Student Ambassador program.
His parents would be contributing half of the $4,000 needed. He would be applying to the People to People
organization for a grant, buthe would stillneed approximately $1,250. He requested a contribution of any amount
from the City.
Councilmember Rindone stated there was a referral to staff regarding a policy dealing with such issuas and
questioned when it would be brought to Council.
City Manager Goss responded that it would be on next weeks agenda.
Councilmember Fox questioned if it would be appropriate to continue the item so Council could consider both issues
at the same time.
Councilmember Rindone stated the young man had persevered through an entire Council meeting, written a letter
requesting assistance, and been accep~,,d by the program and that was impressive to him.
MS (Rindone/Horton) the City provide a contribution of $250 to assist Mr. Mullen in his efforts to raise
funds.
AMENDMENT TO MOTION: (Horton/Rindone) the funds are to come out of Councilmsmber Rindones
staff budget.
Councilmember Rindone questioned whether there were any funds in that account.
City Manager Goss felt there were funds available.
Councilmember Moore stated he was aga'mst using City funds for such a cause. Itwas tax payers dollars andifthey
approved funding for one then all requests should be treated equal. It was not an area the City should become
involved with.
VOTE ON MOTION AS AMENDED: approved 3-1-1 with Moore opposed and Nader absent.
6. RESOLUTION 17405 CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL
MUNICIPAL ELECTION AND REQUESTING SAN DIEGO COUNTY BOARD OF SUPERVISORS TO
CONSOLIDATE THE GENERAL MUNICIPAL ELECTION WITH THE STATEWIDE GENERAL
ELECTION TO BE HELD ON TUESDAY, JUNE 7, 1994, FOR THE PURPOSE OF ELECTING TWO
MEMBERS OF THE CITY COUNCIL AND A MAYOR - The resolution before Council is for the purpose of
Minutes
March 8, 1994
Page 3
calling a Municipal Election to be held on Tuesday, 6/7/94 for the purpose of electing a Mayor, two members of
the City Council (Seats 1 and 2). Staff recommends approval of the resolution. (City Clerk)
7. RESOLUTION 17406 ACCEPTING A YOUTH AT RISK PROJECT AWARD FROM THE
UNIVERSITY OF CALIFORNIA; AND AUTHORIZING THE CITY MANAGER, OR HIS DESIGNTEE, TO
SIGN AN AGREEMENT WITH THE REGENTS OF THE UNIVERSITY OF CALIFORNIA - On 7/1/92,
the 4-H began a Latchkey Program at Lauderbach Community Center. The 4-H organization is a subsidiary of the
University of California Extension Service. The 4-H receives funding, through the University of California, from
the United States Department of Agriculture (USDA). In January of 1993, the 4-H requested that the City act as
a sobcontractor to expand youth-at-risk programs. The 4-H has received several large grants in the last two years
of which $23,426 has been allocated for the subcontract with the City. Beginning with Fiscal Year 1993/94 in order
to continue receiving funds for the 4-H programs, the City must enter into an agreement with the University of
California for each year the program receives funds. Staff recommends approval of the resolution. (Director of
Parks and Recreation)
Councilmember Fox praised the 4-H program for their work in addressing the at-risk youth and needed, latch-key
children, and child care needs. He also pointed out that there apparently was some interest in an inter-generational
program, i.e. the program the Oxford seniors were participating in.
8. RESOLUTION 17407 EXPRESSING INTENT TO SHARE EQUALLY THE COST FOR THE
EAST ORANGE AVENUE AND 1-805 INTERCHANGE SIGNAL IMPROVEMENTS - Staff recently received
a letter from Caltrans requesting that Council adopt a resolution expressing intent to share equally the cost to
construct traffic signals at 1-805 and East Orange Avenue ramps. The resolution is required to finalize the Project
Report that identifies work to be performed and a cost estimate. Staff recommends approval of the resolution.
(Director of Public Works)
9. REPORT EAST OTAY MESA SPECIFIC PLAN - On 1/19/94, Council received a
written communication from staff regarding the review of the proposed East Otay Mesa Specific Plan and
accompanying Draft EIR. In the communication staff indicated it had serious concerns over the adequacy and use
of the documents, and attached copies of two letters forwarded to the County of San Diego outlining the City's
specific concerns. Since then, staff has not been contacted by the County or received responses to their comments.
The report serves as a follow-up to the project based on the County's decision to hold a public hearing with the
Planning Commission on 3/11/94 for final consideration of the project and EIR. Staff recommends Council accept
the report and authorize staff to transmit a letter to the County of San Diego requesting that all discretionary action
on the project be deferred until staff has been provided the opportunity to review the revised documents as well as
the responses to their comments prepared as a part of the Final EIR. (Director of Planning)
Councilmember Moore recommended that the letter being sent to the County of San Diego signed by both the Mayor
and the City Manager.
City Manager Goss stated there could be a problem with timing as the issue was going to the Planning Commission
on 3/11/94 and the Mayor would be out of town until late 3/10/94.
Councilmember Moore stated the Charter provided that the Mayor Pro Tem could sign in the absence of the Mayor.
Councilmember Fox questioned if Supervisor Bilbray had been contacted.
City Manager Goss responded that he had not been contacted as it was currently at the County Planning Commission
level. He felt it would be appropriate to send a copy of the letter to Supervisor Bilbray as it would ultimately go
before the Board.
Minutes
March 8, 1994
Page 4
Councilmember Fox questioned if it was the City's intent to defer action at the planning Commission level.
Robert Leiter, Director of planning, responded that they wanted the Board to defer action until staff had an
opportunity to comment to the Planning Commission so the comments could be incorporated into the record.
Councilmember Moore stated a letter to Supervisor Bilbray and the Chair would be appropriate.
* * END OF CONSENT CALENDAR * *
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
10. PUBLIC HEARING CONSIDERING ORDINANCE ESTABLISHING TELEGRAPH CANYON
SEWER PUMPED FLOWS DEVELOPMENT IMPACT FEE (DIF) TO PAY FOR SEWER
IMPROVEMENTS WITHIN TELEGRAPH CANYON SEWER BASIN AS A CONDITION OF ISSUANCE
OF BUILDING PERM1TS FOR CONSTRUCTION IN THE TELEGRAPH CANYON SEWER BASIN - On
10/20/92, the City established the Telegraph Canyon Sewer Development Impact Fee. Based on the "Telegraph
Canyon Sewer Basin Improvement and Financing Plan Amendment Incorporating Pumped Flows" a fee of $560 per
pumped Equivalent Dwelling Unit (EDU) should be established. Staff recommends Council place the ordinance
on first reading. (Director of Public Works) Continued from the meeting of 2/15/94.
ORDINANCE 2582 ESTABLISHING THE TELEGRAPH CANYON SEWER PUMPED FLOWS
DEVELOPMENT IMPACT FEE TO PROVIDE FOR THE CONTINGENT CONSTRUCTION OF SEWER
IMPROVEMENTS WITHIN THE TELEGRAPH CANYON SEWER BASIN lF SEWAGE IS DIVERTED
FROM SALT CREEK AND POGGI CANYONS AS A CONDITION OF ISSUANCE OF BUILDING
PERMITS FOR CONSTRUCTION IN THE TELEGRAPH CANYON SEWER PUMPED FLOWS BASIN
(tint readln~)
Jolm Lippitt, Director of Public Works, gave a brief review of the project. The item had beeu continued several
times and staff had met with the developers on the project. Staff felt it was a plan that would work and not increase
the cost to the existing property owners.
Councilmember Moose referred to page 1-2, fourth paragraph, '.... about a mile and one quarter of sewer line is
being required" and stated that staff had indicated it was a contingency plan.
Mr. Lippitt stated it meant that those lines would have to be built to that extend should the other lines not come
forward as the areas were built.
Councilmember Moore questioned if there would be an assessment to the present property owners.
Mr. Lippitt responded that it was not an assessment, it would either be a fee paid by the developer or a letter of
credit. Staff felt because there were only two or three developers in that area it would be a letter of credit
mechanism and there really wonld not be a fee paid.
This being the time and place as advertised, the public hearing was declared open. There being no public testimouy,
the public hearing was closed.
ORDINANCE 2582 OI~'ERED BY COUNCILMEMBER MOORE, reading of the text was waived, passed
and appenved 4-0-1 whh Nader absent.
11. PUBLIC HEARING PROPOSED FORMATION OF OPEN SPACE DISTRICT NUMBER 31,
TELEGRAPH CANYON ESTATES - On 1/25/94, Council approved the Engineer's Report ou the proposed Open
Space District Number 31, Telegraph Canyon Estates and set 3/8/94 and 3/15/94 as the dates for the public hearings
Minutes
March 8, 1994
Page 5
on the proposed formation. Staff recommends Council open the public hearing, receive testimony, and hold another
public hearing on 3/15194. (Director of Public Works)
John Lippitt, Director of Public Works, gave a brief review of the proposal. Staff recommended a modification
if the assessment for the first year in the report because the City would not be taking the open space into service
until January 1996. Because of recent legislation it made it very difficult to approve an assessment that would have
to be raised as it allowed increased assessments to be denied by a majority of people in the district. Staff was
recommending that the assessment for the tirst year be set at the ultimate which was approximately $407. To
compensate for that, as the money was not needed in the first year, a rebate would be given back to those paying
the first year.
Councilmember Moore stated it was an unusual open space district as it had tennis courts, walls, fences, exterior
lights, drinking fountains, benches, picnic tables, pathways, and mini-parks. If it was not done right the City would
take the blame for it as they were the ones that collected the money through a property tax. He questioned why
staff had changed the way the City did business for open space. Open space should not be a burden to the City to
administrate, if it was going to be a burden there should be a homeowners association.
Mr. Lippitt stated it was discussed at the last meeting and Council approved the report. Council wanted to make
sure that the property owners were aware of not only the assessment, but that it was a public area that could be used
by the general public. Exhibit C of the staff report was a notice of the assessment that was given to the property
owners. The developer had been told to modify it to include that it was also to be used by the general public.
City Attorney Boogaard questioned staff if the City, at the time of the tentative map made some form of
__ commitment to Baldwin to do it in such a manner.
Mr. Lippitt responded that was correct. When it was originally set up it was indicated that the developer would
come forward and request an open space district to maintain the facilities. Another option would be for the City
to maintain the park as done in other areas. Staff was opposed to that because it was such a small park and
benefited such a small area. The developer had been very opposed to a homeowners association for that area.
This being the time and place as advertised, the public hearing was declared open.
· Tim O'Grady, 11975 El Camino Real, San Diego, CA, representing The Baldwin Company, stated he was
caught off guard regarding Councilmember Moore's questions on why it was decided to place those facilities in an
open space maintenance district instead of a homeowners association. The majority of those discussions had been
held with a man that no longer worked with The Baldwin Company. The original proposal was to have a private
community and when that proposal was denied by Council they were left with two small recreation facilities that
constituted approximately 20% of the overall open space maintenance district. In order to have a homeowners
association a management company would be required and the expense of the hiring the management company was
coming in line with the cost of maintaining the facilities. If the facilities were not maintained by the open space
district, and it was Council's choice to place it towards a homeowners association it would be a common interest
development in which Baldwin would have to apply for a public report to go to sale. The public report process
would take eight to nine months. It was discussed at the tentative map hearing.
Councilmember Rindone felt that until the Council was comfortable with the recommendation they needed a
response to the questions raised by Councilmember Moore. It was typical for such a development to have a
homeowners association and he requested that Baldwin have a response to that at the hearing next week.
Councilmember Fox questioned why there would be a delay in their ability to sell homes if Council shifted gears
regarding a homeowners association.
Councilmember Moore questioned how the buyers were notified of the assessment district.
Minutes
March 8, 1994
Page 6
Mr. O'Grady stated disclosure was made through a disclosure statement that complied with the City standards.
Specific notice was given that the facilities were public, but the only people paying for those facilities would be
property owners within Telegraph Estates.
Mr. Lippitt stated there was new wording on the disclosure statement and he would have that to Council for the
hearing next weak.
Councilmember Moore questioned the impact on the Parks & Recreation Department in maintaining the area.
Jess Valenzuela, Director of Parks & Recreation, stated it was the first time in open space that such amenities were
being accepted. The City did have the personnel and expertise on staff to know exactly what was needed in terms
of net replacements, light fixtures, court resurfacing, etc. He did not see it as a problem as far as staff was
concerned,
Councilmember Moore questioned why it was a public entity when being paid for by only those within the project.
Mr. Lippitt responded that if it was maintained in an open space district it was dedicated to the public and was a
City facility.
Councilmember Moore disagreed with that because the homeowner had to get permission of all the other
homeowners to sell open space. If it belonged to the City the City could sell it. He felt the open space policy
should be reviewed if the general public was allowed to use an area being paid for by the property owners in the
development.
City Attorney Booguard stated he had checked with the City's assessment counsel and he confirmed that it would
have to be made available to the public if the City used the mechanism of open space assessment district financing.
He would double check and report back at the next meeting. It was a State requirement and therefore a public
facility under the eyes of the law.
Councilmember Rindone stated Council, when the project was originally reviewed, wanted the facilities to be open
to the public because of the concern that everything would be privatized and closed off. The determination of how
that would be paid for and mechanism was to come back to Council. Council needed to know the background and
impact it would have on the developer and those that had already purchased property if there was a change of
direction.
Councilmember Fox requested copies of the notices for the next public hearing.
City Attorney Boopard questioned if the section regarding public usage was highlighted for the property owners.
Mr. O'Grady stated it was not currently highlighted, but they could make that modification.
There being no further public testimony, the public hearing was closed.
ORAL COMMUNICATIONS
· Mark Whillock. 346 Front Street, El Cajon, CA, representing Whillock Contracting, Inc., stated his
company did the construction on the Naples Street channel. They entered into a contract with the City on 3/18/93
and completed the project on 10/16/93. They had a 120 day maintenance period that ended on 2/15/94 and they
had not received a notice of acceptance or completion of the work. They had been verbally told the work was
accepted and completed and he was looking for formal acceptance in order to collect the retention. They were in
dispute with the City for about $30,000 but had a retention of $36,800 on accepted work.
Minutes
March 8, 1994
Page 7
City Attorney Boogaard stated Mr. Whillock had contacted his office. Even though there was a substantial amount
in dispute he was able to contact Mr. Davies to authorize the necessary wrap-up of the matters which the City
agreed and would be proceeding to do so within the next several days.
BOARD AND COMMISSION RECOMMENDATIONS
None submitted.
ACTION ITEMS
12. RESOLUTION 17408 APPROVING A CHANGE ORDER WITH GRANITE CONSTRUCTION
COMPANY FOR MATERIAL COST INCREASES FOR THE OTAY VALLEY ROAD IMPROVEMENT
PROJECT, ASSESSMENT DISTRICT NUMBER 90-2 - On 6/30/92, Council awarded the construction contract
for the Otay Valley Road improvements from 1-805 to 1,200 fe~t east of Nirvana to Granite Construction Company.
Since the award, the project has been delayed approximately 18 months because of several problems: a lawsuit filed
by the property owners, difficulties in selling the bonds for the project, and the discovery of contaminated soil in
the fish and game mitigation area. During this time, several of Granite's subcontractors have gone out of business
and material prices have increased for construction materials on the project. Staff recommends approval of the
resolution. (Director of Public Works)
Clifford Swanson, Deputy Public Works Director/City Engineer, stated the contract was awarded on 6/30/92, but
the contractor could not start work due to numerous delays until 11/93. At that point, staff received requests for
increases in the contract due to the long delay. Staff had looked at all available alternative, including rebidding,
and found that none of them were feasible for several reasons, i.e. the Fish & Games deadlines that mandated that
the work begin prior to their February 1st deadlines, the potential loss of SB 300 funds, and auto park deadlines.
Staff felt all of the increases were reasonable and recommended approval. Even with the increase it was still less
than the second lowest bidder.
RESOLUTION 17408 OFFERED BY COUNCILMEMBER MOORE, reading of the text was waived.
Councilmember Rindone questioned whether there would be additional change orders in the future. He questioned
further what percentage staff considered to be reasonable for the aggregate total of change orders for a project.
Mr. Swanson stated there would be change orders in several areas, i.e. Otay Water District had criteria that had
been changed, changes with the auto park, etc. Each one would eventually be brought back to Council for review.
He felt 5% to 10% was a reasonable percentage for a project. The current project had a 10% contingency.
Councilmember Rindone questioned what percent staff estimated the future change orders would be of the aggregate
total.
Mr. Swanson stated he did not have a figure, but could report back to Council through a memorandum. The
contractor was still in the process of obtaining some of those figure. Staff was holding weekly meetings and the
contractor had laid out the areas of concern.
Councilmember Rindone stated other public agencies had as a component, prior to awarding contracts, a review of
the change orders or patterns of the companies. He hoped staff would look at that as a possible element in the
future, particularly in the award of especially large contracts.
VOTE ON RESOLUTION: approved 4-0-1 with Nader absent.
Minutes
March 8, 1994
Page 8
13.A. REPORT PROPOSED FUNDING ALTERNATIVES FOR PARKS
IMPLEMENTATION PLAN WORK PROGRAM - On 11/2/93, staff presented a report regarding the activation
of a Parks Implementation Plan (PIP) utilizing in-house staff. The PIP will serve to implement provisions of the
City's General Plan Park & Recreation Element which call for preparation of a long-range (20 year) master plan
to include programs for upgrading, expanding or replacing older facilities in western Chula Vista, and for
installation of new facilities in accordance with adopted standards. The Council, while approving the Work Program
for performance of the PIP in-house, expressed concerns that PAD funds would be used to reimburse the project.
Council requested that staff investigate any sources or alternative funding sources for the PIP which could result
in re-allocating PAD funds w the CIP project for land acquisition. The report discusses the availability of
alternative funding for the PIP and proposes a funding apportionment plan for the PAD funds currently appropriated
to the PIP. Staff recommends Council accept the report and approve the resolution. (Director of Parks &
Recreation and Director of Planning)
B. RESOLUTION 17409 RE-APPROPRIATING $65,000 IN PAD FUNDS FROM PR-164 (PARKS
IMPLEMENTATION PLAN) TO PR-185 (PARKLAND ACQUISITION) AND ADOPTING NEGATIVE
DECLARATION IS-93-21 - 4/5th's vote required.
Cotmcilmember Fox questioned if it was possible to apply for CDBG funds by bifurcating the plan and obtaining
partial reimbursement of CDBG funds.
Jess Valenzuela, Director of Parks & Recreation, stated the PIP was geared just for the areas west if 1-805 and
would not be a city-wide master planning process. It would look at some of the other parks within the City that
would complement some of the western parks. He had contacted the Community Development Department and had
been told that they may be able to use CDBG planning monies in certain areas in the western part of the City.
Funds for the current fiscal year were unavailable, but they could apply for FY 1994/95 funding.
Councilmember Fox questioned if it would be a reimbursement.
Mr. Valenzuela stated they could reimburse, but he felt it would augment a portion of the planning staff for the
remaining part of the fiscal year with park acquisition development monies and then look toward an augmentation
of CDBG monies for the new fiscal year.
Mayor Pro Tem Hotton questioned the need of having a needs assessment done as much of the information should
be readily available.
Mr. Valenzuela responded that demographic data was available through the Planning Department and the 1990
Census. Staff did not have demand or needs assessment available, i.e. where the needs were within the City. It
would be a random telephone survey of 500 residents in the western part of the City.
Councilmember Hotton stated the Parks & Recreation Commission had pretty much decided what was needed in
the western part of the City.
Mr. Valenzuela responded that the Commission did have their impression of the needs in the western portion of the
City.
Councilmember Rindone referred to page 13-5 of the report and requested an explanation of '... augmentation of
the land acquisition ..... ".
City Manager Goss stated both the adopted operating budget and the 1993/94 CIP provided for use of $75,000 in
PAD fees to support the preparation of the PIP. By changing that, either Option I or Option 2, money that was
designate~l under the CIP and operating budget to support General Fund operations, primarily the staff of Parks and
planning, would need to be modified under both of those options. The impact would be greater under Option 2.
Minutes
March 8, 1994
Page 9
Councilmember Rindone stated Council had indicated they did not want to utilize land acquisition and development
fees for the payment of staff that was already on board, not going outside or hiring consultants. That was why tho
item was referred beck to staff. Council had made a commitment to address the shortage of facilities on the western
side. If Council continued to spend down the park acquisition and development foes there would be less of an
option to address that commitment. He could not support Option 1 and would support Option 2 at best. He was
concerned that it was using General Fund monies when the salaries of the employees were charged in the operating
budget.
City Manager Goss stated that concern had been expressed by Council in November. When Council adopted the
operating and CIP budgets, the way it was structured was that $75,000 of PAD funds would support the work of
the staff to do the PIP. Council then came back and said they did to want to use that money in that fashion, but
wanted to usa if for park acquisition. Staff had an obligation to point out what the changes were given the different
diroction Council was taking from when the budgets were adopted. If Council adopted Option 2 they would be
taking action to reduce General Fund support by $65,000 for the current fiscal year. Council approved a lump sum
for park acquisition in the budget, but before they could get to acquisition there had to be a specific projoct. He
suggested that in addition to the money already in the park land acquisition fund there would be another chance next
fiscal year to add more money from that same source as well as block grant money. ha certain selected areas CDBG
funds could be used for land acquisition that the money could subsidize. There would be other options for Council
to look at when reviewing block grant funds and CIP budget for 1994/95.
Councilmember Rindone stuted it was clearly a policy change of direction. It was his recollection that when it
initially came before Council it was not only spending monies from the PAD fees, but also for a consultant to do
the work. That was the change of thrust when Council said they wanted it done in-house even though it would not
be done as quickly, but would save money. Staff was already working and their salaries were covered, he saw it
as a net savings. He was uncomfortable with the fiscal impact statements the Council was receiving because
everything stuted there was no impact because it was previously approved in a budget, grant, or paid by other
sources. He did not feel that was what Cotmoil was seeking. Fiscal impact statements should be reflective of the
costs to the City with a secondary statement that it had been previously approved in the budget, etc. It appeared
that the City was not spending any money when in reality they were spending money, it was just the final
authorization for that expenditure.
MS (RindoneJItorton) to approve Option 2 - retaining $65,000 in PAD fees for parks and permit $10,000 for
the survey.
Mayor Pro Tem Horton questioned if under Option 2 the $65,000 was all inclusive or if it was $65,000 plus
$10,000.
Mr. Valenzuela stuled the $65,000 would go back into the PAD set-aside funds and the $10,000 would be retained
for survey work for a total of $75,000 which was allocated in the CIP budget.
Councilmember Fox questioned if reimbursement from block grant funds would be out of the question because
Council was reducing General Funds in Option 2.
Mr. Valenzuela responded that it appeared that way, however, a portion of the survey work could be defrayed by
CDBG money.
VOTE ON MOTION: approved 3-1-1 with Fox opposed and Nader absent.
Councilmember Moore stated if the City took the same amount of money it would take for land acquisition and had
a full partnership with the schools, the City would then have more recreational facilities. Joint use was a win/win
situation for everyone. He had a problem in buying park land before that agreement was in place and knowing how
much that would cost. If the City was going to buy park land maybe land in the Otuy River Valley would be more
economical. There were many ways to satisfy the need for active recreation.
Minutes
March 8, 1994
Page 10 __
Councilmember Rindone stated the proposed action maintained the integrity of the PAD fees and would provide
additional resources for parks. Councilmember Moore was correct end partnerships were an option. They may
be forced into that due to the availability of land on the west side due to buildout.
City Attorney Boogaard recommended that the resolution be amended: 1) strike $26,250 from the title and
replace it with $65,000; 2) the fifth and sixth "Whereas" paragraphs should be daleted; and 3) the last
paragraph should read "Be it further resolved that the City Council does hereby reappropriate $65,000 in
PAD funds from PR-164 to PR-185".
RESOLUTION 17409, AS AMENDED BY STAFF, OFI~ERED BY COUNCILMEMBER RINDONE, reading
of the text was waived.
Councilmember Fox stated he would support the resolution with reluctance as the project had already been delayed
long enough.
VOTE ON RESOLUTION AS AMENDED: approved 4-0-1 with Nader absent.
14.A. REPORT GRADING ON TELEGRAPH CANYON ESTATES SUBDIVISION
ADJACENT TO LEHIGH AVENUE - On 12/14/93, Council directed staff to mcet with the residents on Lehigh
Avenue and Baldwin to discuss options to mitigate the slope which has been constructed on Telegraph Canyon
Estates behind their houses. In addition, staff was instructed to discuss the issues with the City Attorney to make
sure that no options are, or are soon to be, closed to mitigate the concerns of the residents. Staff recommends
Council accept the report end approve the resolution. (Director of Public Works, Director of Parks and Recreation,
end City Attorney)
B. RESOLUTION 17410 APPROVING THE PROPOSED BOUNDARY ADJUSTMENT BETWEEN
THE PROPERTY OWNERS OF 867 AND 873 LEHIGH AVENUE AND AUTHOREING THE MAYOR TO
EXECUTE THE BOUNDARY ADJUSTMENT PLAT AND ASSOCIATED DEEDS ON BEHALF OF THE
CITY
Clifford Swenson, Deputy Director of Public Works/City Engineer, stated the property owner at 867 Lehigh
indicated he was in favor of the boundary adjustment. The tenant at 855 Lehigh was opposed.
Councilmember Fox questioned if 879 Lehigh had been excluded becaus~ the view had not been impact~l by the
grading.
Mr. Swanson stated that was the reason. The open space slopes were a considerable distance to the east. He did
not believe there was a view prior to the grading.
This being the time and place as advertised, the public hearing was declared open.
· Fred Dufresne, 1925 Otay Lakes Road #102, Chula Vista, CA, President of the Homeowners Association
for 0tay Lakes Mobile Home Park, stated he was not commenting on the six properties being discussed, but his
concern was that the mobile home park residents had not been notified. The grading was over sixty feet high behind
approximately sixty units in the park. They no longer had a view. Mr. O'Grady was asked to furnish information
on who he contacted prior to the grading end the information was never received. They were concerned that their
homes had devalued sixty percent, drainage, steep slopes, end mud slides. They had contacted the park owner and
had been told the residents did not have eny rights or any right to contest what Baldwin was doing. He was upset
over the entire situation end he wanted to see something done about it.
Mayor Pm Tern Horton stated she understood their frustration, but questioned why they did not come before
Council during the construction period to make Council aware of what was going on and lack of notification.
Minutes
March 8, 1994
Page 11
Mr. Dufresne stated they went to the Principal Planner and had been told the deal was done. He was not that
familiar with the way the City worked. ~Tney had contacted numerous departments within the City requesting they
be notified regarding anything that would impact the mobile home park.
Councilmember Moore felt the residents had been a victim of the property owner as he felt the property owner had
been notified. He felt the City should do things differently and remember there were two owners in the mobilehome
parks, i.e. the property owners and the mobilehome owners. Council had given direction in the past to notify
renters and he questioned if the residents had been contacted.
Robert Leiter, Director of Planning, stated Council had in the last three to four months provided staff with direction
to notify not only property owners, but renters and staff had implemented that policy. In terms of new projects and
new mailing lists they were including renters as well. The public hearing on the tentative map was held over one
year ago and staff had followed the legal requirement of notifying the property owners.
Mr. Swanson stated staff did notify, after being made aware of the situation, the residents of every meeting held.
Some of the agendas for the present meeting were hand carried out to one of the representatives. He believed staff
contacted Mr. Harwood.
Mr. Dufresne stated Mr. Harwood did have contact with the City, but he had no knowledge of any information
being given to any resident in the park that was directly involved in the issue or lived within twenty to thirty fee
of the grading. No one had come to him with any information received.
Mayor Pro Tem Herton asked staff to return with a brief report on who they contacted, who made the contact, etc.
so Council understood what was going on.
MS (Moore/Rindone) to direct staff to review what was there at the present time, i.e. grading and slopes, as
it pertained to the mobilehome park and owners, erosion, drainage, or anything that might be potentially
adverse to the park or owners.
Councilmember Moore clarified that the motion meant the grading was done and staff should look at what was there
and what could possibly happen regarding erosion, drainage, flooding, etc. to the adjoining property owners.
VOTE ON MOTION: approved 4-0-1 with Nader absent.
Mayor Pro Tem Herton stated the report indicated that the Homeowners Association was in the process of
discussing the rent issue with the owner.
Mr. Dufresne stated they had already received a letter from the owner stating the residents had no rights what-so-
ever and they would not discuss anything with them.
Mayor Pro Tem Herton felt the residents had an argument because they paid a premium for their views. She felt
the issue should be sent to the Mobilehome Rent Review Commission for consideration. Maybe there should be
some type of adjustment if there was no longer a view.
MS 0torton/Moore) to send the issue to the Mobilehome Park Rent Review Commission to be considered;
to be placed on their agenda and returned to Council within the next thirty days.
City Attorney Boogaard stated it could be outside their jurisdiction and he would have to review their ordinance of
formation. They could still review and give Council their comments. The current ordinance did not provide for
an adjustment of the rent. They might want to take a look at that and propose some new legislation to Council that
would allow adjustments or further control.
VOTE ON MOTION: approved 4-0-1 with Nader absent.
Minutss
March 8, 1994
Page 12
· Russ Barnhill, 873 Lehigh Avenue, Chula Vista, CA, stated he accepted the boundary limits as proposed,
but was concerned regarding the drainage, fences, end the brow ditch and how it would be constructed. He
assumed those details would be ironed out at the appropriate time, but he wented them on the record. They
currently had a brow ditch in the back portion of their yard and it was proposed that the drainage from the boundary
areas go through their brow ditch for which he was concerned. He thanked the Council, staff, end Baldwin in
addressing the concerns of the residents on Lehigh Avenue.
Mr. Swanson stated staff would work with Mr. Barnhill regarding drainage. Staff may not be able to do away with
drainage in his back yard because the brow ditch had been previously installed to hendie the flow down the hill.
Staff would do whatever they could to alleviate his concerns.
Mr. Barnhill stated there had been a proposal that 3-5 feet would be graded off the top of the dirt bank end he
wented that addressed. Any regrading would help.
Mr. Swanson stated that was one of the altsmatives hi the report, but was not included in the staff recommendation
because it would drain the antire back yards of all of the lots and sift more drainage onto the Barnhill' s property.
· Randy McMurray, 879 Lehigh Avenue, Chula Vista, CA, stated they did have a view of the mountains
to the northeast prior to the grading and now they did not. Even if it was regraded it would still not be enough for
their home. The new homes would be looking down into their backyard.
Councilmember Fox questioned what Mr. McMurray was requesting.
Mr. McMurray questioned whether the slope would be taken down or if the City open space would be allotted to
them.
Councilmember Fox stated staff had recommended that the open space not be allotted to them end that it would not
be lowered eny further.
Mayor Pro Tern Horton questioned how much the land had been raised behind thdr property.
Mr. McMurray stated the bank was huge, taller then the ceiling.
Mr. Swenson stated the height of the slope had not been increased behind Mr. McMurray's home. The area in the
slides indicating City open space area was the natural area.
Mr. McMurray stated that was incorrect. The first line to the right of the fence line was also a slope end the view
was to the northeast.
Mayor Pro Tem Horton stated it was a different situation from the other residents where they had the slope adjacent
to their property line. In Mr. McMurray's case there was open space then a sloping area.
Councilmember Moore stated their view to the east was the existing land, but if lcoking to the northeast they were
looking at the bank.
Mr. Swenson stated if Council had no objection, staff could recommend that a pertion of the open space be
dedicated to the McMurrays.
Mr. McMurray questioned how far away from the fence the water line was located.
Mr. Swenson responded he did not know, the water pipe was in the middle of the street.
Minutes
Mamh 8, 1994
Page 13
· Sylvia McMurray, 879 Lehigh Avenue, Chula Vista, CA, questioned how many feet away the water line
was from her property line. It was her understanding that due to the water pipe the property had to be raised
creating the slopes.
Mayor Pro Tern Horton stated she would have staff contact Mrs. McMurray with that information.
· Tim O'Grady, 11975 El Camino Real, San Diego, CA, representing The Baldwin Company, urged Council
to approve the staff recommendation, i.e. not deeding the open space property to the McMurrays. He showed
Council an original topographical map which reflected the grades of the pad elevation of the McMurray's home and
the view they were alluding to. There was a differenc~ of eighteen feet from what was there before the grading
and their pad elevation. The Baldwin Company had worked with the property owners and felt they were at
agreement with what could be done with the area.
Councilmember Fox questioned if 861 Lehigh Avenue should be included in the resolution as they had agreed with
the boundary adjustment.
Mr. Swanson informed Council that it was an error and should be included in the resolution. Any one of the five
properties that wanted to ha included could
Councilmember Fox stated he hoped such a situation never happened again. He did not like to be placed in a
situation where City open space was given away and boundary lines were adjusted. When n6tices were given they
should be put in plain english so the property owners would know what was actually being done. He felt the
resolution should be passed and staff should return to verify the information presented by Mr. O'Grady that there
had not been significant change to the McMurray's view and that in fact the grading behind that property had been
actually lowered. He was not convinced with the evidence presented that the City was obligated to give up that
much open space, but he was also not convinced that there should not be adjustments made.
Councilmember Rindone felt the developer should have anticipated the problem. He was pleased there was
accommodation and a willingness on the part of the developer to address some of the impacts. It was a situation
that he would not tolerate again as there was a responsibility on the part of the developer.
RESOLUTION 17410, AS AMENDED TO INCLUDE 861 LEHIGH AVENUE, OI~ERED BY MAYOR PRO
TEM HORTON, reading of the text was waived.
Mr. Swanson clarified that the regrading of the lots above was not included in the resolution.
VOTE ON RESOLUTION AS AMENDED: approved 4-0-1 with Nader absent.
MSC (Fox/Moore) to direct that staff return in three weeks as it related to 879 Lehigh Avenue, to confirm
the information presented by Mr. O'Grady and presented in the staff report that there was no change and
possibly a benefit to the back yard view. Approved 4-0-1 with Nader absent.
MSC (Moon/Fox) to direct the City Manager to prepare a policy for staff and major developers that when
there was major grading adjacent to in-place dwelling units it would be shown to specific property owners
adversely affected; mobilehome owners would be noticed and invited to attend pre-development meetings as
per land owners. Approved 4-0-1 with Nader absent.
15. REPORT ARTIST SELECTION PROCESS FOR THE PUBLIC ART AT THE
SOUTH CHULA VISTA LIBRARY - The budget for the South Chula Vista Library includes $46,821 for works
of art, which the project team has identified to be a mural in the Children's Story Hour Room. The City's
Consultant Administrative Guidelines are recommended as a model for the artist selection process. Staff
recommends Council accept the report. (Library Director)
Minute~s
March 8, 1994
Page 14
MOTION: (Moore) to accept the report.
David Palmer, Library Director, stated the application and Award of Grant included a line item for works of art
that was not to exceed 1% of the construction budget which was $46,800. Sixty-five percent of that would be
reimbursed by the California State Library and thirty-five percent paid by the City. Staff had been working in
conjunction with the Parks & Recreation Department, the Cultural Arts Coordinator, Cultural Arts Commission,
and the Library Board and had developed a proposed plan to work through a selection process utilizing the City's
consultant services agreement.
Councilmember Rindone statai the staff report indicated the contract called for the architect to select the art. It was
his understanding an agreement had been reached that there would be participation in the selection. He questioned
whether that portion had been waived in the contract.
Mr. Palmer stated the item had not been waived in the contract, but the intent of the report was to ensure that there
was considerable public input and that the architect selected from only the three finalists approved by the selection
committee. Then it would be brought back to Council for their approval and award of bid. He felt there were a
number of safeguards built into the process.
Councilmember Rindone stated the exclusive authority was given to the architect and he needed assurance before
he could support the item that the process outlined by Mr. Palmer had been agreed to by the architect. He
questioned if it was in writing.
Mr. Palmer stated he could absolutely guarantee that and did not feel them would be a problem in getting it in
writing.
SECOND TO THE MOTION: (Fox)
Councilmember Rindone steW. d he would not vote to accept the report, he would vote to receive the report and then
make an amendment that the waiver of authorization be placed in writing.
SUBSTITUTE MOTION: (Rindone/Fox) receive the report and direct staff to obtain a written waiver from
the architect to permit the selection and approval process as ou~ined by the report before Council.
Councilmember Fox questioned if the intent of the motion was that the item be brought back to Council.
Councilmember Rindone stated it did not have to come back as an A-113 as long as staff ful~lled the intent of the
motion.
® Larry Dumlao, 650 Rivera Street, Chula Vista, CA, owner of Cathectic Concepts, stated he concurred that
the waiver was necessary to ensure the community interface necessary in the art making process. He suggested:
1) if it was to be a bi-national project that the people involved be bi-national; 2) children and community members
were capable of designing and making art and the ehild~n should participate in the design as it would be their room;
and 3) that the mural itself not be a complete mural, or even a mural, but an art work that would be dynamic and
confmue to be something the community could participate in and make it a living piece of work.
Councilmember Moora questioned ifthe Cultural Arts Commission had soen Mr. Dumlao's recommendatinns. He
further questioned what the Cultural Arts Commission had emphasized.
Mr. Dumlao responded that they had not.
Mr. Palmer stated their emphasis was on ensuring that there was sufficient public input into the process.
VOTE ON SUBSTITUTE MOTION: approved 4-0-1 with Nader absent.
Minutes
March 8, 1994
Page 15
16. REPORT UPDATE ON SOLID WASTE DISPOSAL ISSUES - An oral report will be
given by staff.
George Krempl, Deputy City Manager, stated the City was continuing to make its views known jn regard to the
drafting of the joint powers agreement being discussed by the Interim Solid Waste Commission. Councilmember
Fox had expressed a number of concerns on several key sections of the agreement. Staff was also in the process
of putting those concerns in written form and would include them in the next Council packet. A motion had been
made and passed by Councilmember Rindone which dealt with a request that the County look at privatizing the
entire operation. Only six of the eighteen members of the Commission expressed opposition to that motion. At
a meeting of the Audit and Budget Subcommittee Supervisor Slater said that it was time to look at the possibility
of paying off the NCRRA facility and was quoted as saying that the facility was very expensive, over built, and an
albatross. The County Auditor had been directed to develop various scenarios which would allow the County to
sell off and get out from under the NCRRA plant in its entirety. That would be coming back to the Interim Solid
Waste Commission and the Board of Supervisors.
ITEMS PULLED FROM THE CONSENT CALENDAR
Items pulled: 5e. The minutes will reflect the published agenda order.
OTHER BUSINESS
17. CITY MANAGER'S REPORT(S)
a. Scheduling of meetings. City Manager Goss stated there had been a problem in finding a date for the
CIP/superhighway tour.
Mayor Pro Tem Herton stated Councilmembers had indicated they were available on June 11th.
City Manager Goss stated the tour would be from 8:00 a.m. to noon.
City Attorney Boogsard stated the Brown Act had significant recent amendments and he would host a
meeting/workshop where he could walk Council through the existing and recently changed Act. Otherwise he could
do it through a memorandum. The revision would go into effect on 4/1/94 and he recommended that it be reviewed
before that date.
Mayor Pro Tem Herton felt a meeting/workshop would be appropriate.
Councilmember Rindone stated there was no meeting on the fifth Tuesday of the month and reconunended that the
meeting/workshop be held then at 6:00 p.m.
Mayor Pro Tem Herton requested that the meeting/workshop begin at 5:00 p.m.
City Manager Goss stated there were other issues that were waiting for workshop review by the Council. If these
were no objections he would pass along a list of those issues that might be able to tag along on that meeting.
MSC (Rindone/Fox) to hold a special meeting/workshop on March 29, 1994 at 5:00 p.m. in the Council
Conference Room to conduct a review the recent changes of the Brown Act and any other items as deemed
appropriate. Approved 4-0-1 with Nader absent.
18. MAYOR'S REPORT(S)
18a. Ratification of appointment to the Cultural Arts Commission - Oscar C. Arias.
Minutes
March 8, 1994
Page 16
MSC (Moore/Fox) to ratify the appointment of Oscar C. Arias to the Cultural Arts Commission. Approved
4-0-1 with Nader absent.
19. COUNCIL COMMENTS
Councilmember Rindone
19a. Metropolitan Transit Development Board (MTDB) Report: Appointment of new chairman and vice
chairman. Councilmember Rindone stated Senator James Mills, Chairman of the Metropolitan Transit Development
Board for the past nine years resigned and the Vice Chair, Supervisor Leon Williams had been appointed as Chair.
He had been appointed as Vice Chair to MTDB effectively immediately.
ADJOURNMENT
Council met in a closed session at 9:02 p.m. to discuss:
Pending litigation pursuant to Government Code Section 54956.9 - Christopher vs. the City of Chula Vista.
Pending litigation pursuant to Government Code Section 54956.9 - Chaparral Greens vs. the City of Chula
Vista, Baldwin.
Pursuant to Government Code Section 54957 - Performance evaluation of the City Manager, City Attorney
and City Clerk.
ADJOURNMENT AT 9:30 P.M. to the Regular City Council Meeting on March 15, 1994 at 6:00 p.m. in the City
Council Chambers.
Respectfully submitted,
BEVERLY A. AUTHELET, CMC, City Clerk
by: Vi~ki C. Soderquist, Deput~C~~' Clerk