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HomeMy WebLinkAboutcc min 1990/12/18 MINUTES OF A REGUId~ MEETING OF THE CITY OF CHULA VISTA Tuesday, December 18, 1990 Council Chambers 6:07 p.m. Public Services Building CALL TO ORDER 1. .ROIL CALL: PRESENT: Councilmembers Malcolm, Moore, Nader, and Rindone ABSENT: Mayor McCandliss ALSO PRESENT: John D. Goss, City Manager; Brace M. Boogaard, City Attorney; and Vicki C. Soderquist, Deputy City Clerk 2. PLEDGE OF ALLEGIANCE TO THE FLAG, SILENT PRAYER 3. APPROVAL OF MINLrFES: None submitted. 4. SPECIAL ORDERS OF THE DAY: a. Designation of Vice Mayor MSC (Nader/Malcolm) to nominate Councilman Leonard Moore as Vice Mayor. Approved 4-0-1 with Mayor McCandliss absent. CONSENT CALENDAR (Items pulled: 5, 6, 7, 9, 11, 14, 15, 16, and 17) BALANCE OF CONSF2NT CAleNDAR OFFERFi) BY COUNCILMAN MALCOLM, reading of the text was waived, passed and approved 4-0-1 with Mayor McCandliss absent. Cotmcilman Malcolm abstained from voting on Item #10. S. V~RI'FIEN COMMUN1CJkTIONS: a. Letter requesting support to preserve the wildlife habitat of Roberrs Ranch - Duncan McFetridge, Chairman, Save Our Forests and Ranchlands, P.O. Box 478, Descanso, California 92016. Staff recommends that if the City Council cannot make a determination of support without a presentation that this matter be rescheduled for a meeting early in January 1991. Pulled from Consent Calendar. ,'q~8}" Councilman Malcolm felt that Roberrs Ranch was out of the City's purview and that staff time should not be allocated to this request. Councilman Nader did not want staff to do a study but thought the recommendation was to obtain more information. He expressed his conce~q over impacts upon the City. Minutes December 18, 1990 Page 2 MSC OVlalcolm/Rindone) direct staff to send a letter informing them that their request is out of the City's purview of action. Approved 3-1-1 with Councilman Nader voting no and Mayor McCandliss absent. b. Letter requesting Council action to stop unsolicited distribution of advertising materials on privately owned property - Jane E. Dale, ] 11 "G" Street, Chula Vista, California 92020. Staff recommends that if the Council wishes to provide for additiona] anti littering legislation that the matter be referred to the City Attorney. Pulled from Consent Calendar. ,,u/6~_~ MSC (Moore/Nader) to refer to the City Attorney. Approved 4-0-1 with Mayor McCandliss absent. c. Letter requesting Council take definitive action and declare a default on the San Miguel Subdivision - G. Don Lindberg, 280 "K" Street #28, Chula Vista, Cafifomia 92012, representing Frank E. Ferreria. The City Attorney recommends that the question of the revertibility of this property to acreage be set for a public hearing in a timely manner. Pulled from Consent Calendar. ]q~8/o Don Lindberg, 280 K Street, Chula Vista, California, representing Frank Ferreria, stared Mr. Ferreria had commenced improvements on the subdivision land proper and did have a portion of the property, two lots, with deposits and interest in several other lots. Therefore, they felt it proper to set a public hearing for the reversion of the property. He requested that the City call the bonds and declare the agreement in default. The matter had been going on for over a year at a substantial cost to the properW owner. MS (Malcolm/Nader) to fie the request. Frank Fe/Teria requested that action be taken on the matter as it had been pending for ten years. He did not feel there was cooperation or receptiveness from the City regarding the submittal of maps. He requested that the City call the bonds. City AttorTmy Boogaard stated he was in complete agreement with Council in that no further action be taken. VOTE ON MOTION: Approved 4-0-1 with Mayor McCandliss absent. 6.A. ORDINANCE 2430 REPEALING CHAPTER 2.02 OF THE CHUI.A VISTA NRJN1CIPAL CODE RELATING TO CONFLICT OF INTEREST (first reading) - Government Code Section 87300 et seq. requires public agencies, including the City and Redevelopment Agency, to adopt a Conflict of Interest Code. By this action, Council repeals the Municipal Code provisions for a Conflict of Interest Code adopted in 1984, and replaces it with one adopted by resolution which specifically meets the statutory requirement and updates the list of "designated employees" to reflect additional positions and/or changes n duties since 1984. Staff recommends Council place ordinance on first reading. (City Attorney) Continued from the 12/4/90 meeting. Pulled from Consent Calendar. 2~'8 ? Councilman Rindone questioned the reasoning for including the International Friendship Commission and the justification for deleting the Charter Review Committee. City Attorney Boogaard responded that the criteria utilized was whether or not Council gave substantial scrutiny to the Board and Commission recommendations when presented to Council. If there is litfie or no scrutiny given and the recommendafions are adopted, those Boards or Commissions would be required to file. It was the determination of Assistant City Attorney Rudolf that the Charter Review Committee recommendations do receive substantial scrutiny and therefore would not be required to file disclosure statements. If Council overruled that judgemerit, they could require that an amendment to the ordinance Minutes December 18, 1990 Page 3 be brought back including the Charter Review Committee. He would have no objections to having them added to the provision. Councilman Rindone felt the Charter Review Committee should be included. Councilman Malcolm felt the Library Board of Trustees should be added if the list was expanded. Councilman Nader responded that there were decisions made by the International Friendship Committee, i.e. selection of students to participate in the Sister City Program that are not approved by Council. Councilman Rindone concraTed that the Library Board of Trustees should be added to the list as it was better to eliminate any concern in this area. City Attorney Boogaard stated he would like to come back to Council with amendments after he has had time to inform those committee members as to what disclosure categories they would fit in. ORDINANCE 2430 OFFERED BY COUNCILMAN RiNDONE, reading of the text was waived, passed and approved 4-0-1 with Mayor McCandliss absent. Staff is to bring back a recommendation on the Library Board of Trustees and the Charter Review Committee. B. RESOI,UTION 15961 ADOPTING A CONFLICT OF 1NTEREST CODE - Staff recommends approval of the resolution. (City Attorney) Continued from the 12/4/90 meeting. Pulled from the Consent Calendar. RESOLUTION 15961 OFFERED BY COUNCILMAN MALCOLM, reading of the text was waived, passed and approved 4 0 1 with Mayor McCandliss absent. 7. ORDINANCE 2432 AMENDING ORDINANCE NUMBER 2320 OF THE QTY OF CHULA VISTA R E1 .ATING TO DEVELOPMENT IMPACT FEES TO PAY FOR VARIOUS PUBLIC FACILITIES WITHIN THE CITY OF CHULA VISTA'S GENERAL PLAN BOUNDARY (first reading) - In August 1989, the Council adopted a Public Facilities DiF. The study recommending the DIF also recomnrended that the Master Fee be referred to an accountant for fine tuning. Wildan and Associates has returned the study and prepared the report. Staff recommends Council place ordinance on first reading. (Budget Officer) Pulled from Consent Calendar. City Manager Goss informed Council that the Item would require a public hearing, which will be set for January 8, 1991. MSC (Moore/Nader) to reschedule Ordinance 2432 for a public hearing on January 8, 1991. Approved 4-0-1 with Mayor McCandliss absent. 8. RESOLLrHON 15980 ACCEPTINGBIDSANDAWARD1NGCOIXrI'RACTFORLAWENFORCEMENT UNIFORMS - Bids were opened on 12/3/90, for furnishing Police Officers uniforms as provided for in the budget. Staff recommends approval of the resolution. (Director of Financej 9. RESOLUTION 15981 APPROVING CHANGE ORDER NUMBER ELEVEN FOR THE REMODELING OF THE POLICE DEPARTMENrF AND AUTHORiZING THE DIRECTOR OF PUBLIC WORKS TO EXECLrFE THE CHANGE ORDER, APPROPRiATING FUNDS THEREFOR AND EXTENDING CONTRACT DATE - On 9/5/89, Council awarded a contract to Soltek of San Diego for new construction and remodeling of the existing Police Department facility at 276 Fourth Avenue. To date, ten (10) change orders have been approved and Minutes December 18, 1990 Page 4 the original contingency fund of $108,222 has been depleted. Staff recommends approval of the resolution. (Director of Public Works and Chief of Police) 4/5's vote required. Pulled from Consent Calendar. /4t~fO Councilman Nader questioned why the following were not included in the original contract: 1) five year certification inspection, 2) fire protection sprinkler, 3) restoration of vinyl wall covering, and 4) installation of temporary air conditioning unit. He hoped that in future projects, this would be taken into consideration so the City is not placed in this situation again. Mayor Pro Tempore Moore responded that many of the changes were required due to the asbestos found in the building. Cliff Swanson, City Engineer, responded that at the time the contract was let, staff was aware there was asbestos. Only after a project begins can it be determined the extent of removal necessary. Councilman Rindone felt the City would have to be more prudent in future planning. The cost of the original contract should have been included in the discussion for public disclosure. RESOLUTION 15981 OFFERED BY MAYOR PRO TEMPORE MOORE, reading of the text was waived, passed and approved 4-0d with Mayor McCandliss absent. City Manager Goss stated that the amount of the original contract was slightly over $2 million. Due to the communications equipment and the extensive asbestos removal, the overall contract will be approximately $4 mill/on with the contingencies at 5% of that. 10. RESOLUTION 15982 AUTHORIZING THE PAYMENT OF $705,000 INTO ESCROW FOR THE PURCHiLqE OF THE PROPERTY AT 1427 FOURTH AVENUE OWNED BY MUNEO TORIMARU OF GIIULA VISTA, ACCEPTING THE GRANT DEED AND ADOPTING A NEGATIVE DECLARATION ISSUED UNDER IS-89- 79 - As part of the City plans to develop a community park at the intersection of Orange and Fourth Avenue, an agreement has been reached with Mr. Muneo Torimaru to purchase 2.43 acres for part of the park. Staff recommends approval of the resolution. (Director of Community Development) /'q~q ! Councilman Malcolm stated that due to ownership of property on 3rd and Orange he would abstain from voting to avoid a possible conflict of interest. ] 1. RESOLUTION 15983 APPROVING AGREEMENT WITH FRANK CHABOUDY FOR PROVISION OF PROFESSIONAL TENNIS SERVICES AND FOR OPERATION OF THE CHUIA VISTA TENNIS CENTER - A new agreement has been prepared to continue the professional services of Frank Chaboudy at the Chula Vista Tennis Center. Staff recommends approval of tbe resolution. (Director of Parks and Recreation) Pulled from Consent Calendar. /'tdqQ Linda Scher, 543 Beacon Place, Chula Vista, California, representing South Bay Junior Tennis Program, spoke in opposition to the staff recommendations. She requested that the Junior Tennis Program be allowed to play on four courts in the 6:30 to 7:00 p.m. time period rather than the two courts as recommended by staff'. This time period has not been shown to be a high demand period and therefore would not be a hardship to the public. This is a high quality program in which the students are required to maintain a B average. She further recommended that a minimum of a three year agreement be offered to the tennis pro. Jess Valenzuela, Director of Parks and Recreation, stated that the tennis pro had agreed to a two year agreement. Regarding the Junior Tennis Program, practice on Monday through Friday, from 3:30 to 7:00 Minutes December 18, 1990 Page 5 will be on two courts. Staff felt it was an equitable arrangement as two courts would be available to the public during that time. The Chula Vista courts have been retro~ted with coin meters and will be ready within the next few weeks. This will expand facilities available in the western area of Chula Vista, however staff felt that two lighted courts should remain open in the eastern area of the City. Councilman Nader felt the reasons for the Commissions was to have them hear evidence from the public and staff, debate the issue and then make recommendations to Council. He felt Council should accept the recommendations from the Commission. Councilman Rindone stated there were three options regarding the contract time, i.e. staft's recommendation of two year contract, Commission recommendation of five years and public input regarding three years. Due to staff comments regarding the exemplary performance by the tennis pro, he felt the length of contract should not be less than the current contract. The other issue is the concern on the availability of the courts to the program, two versus four. The fact that there are viable alternative courts and the success of the tennis program, he would favor the four courts. MS (Rindone/Moore) grant a three year contract and allow the usage of four courts by the Junior Tennis Program. Councilman Malcolm requested that staff look at the option of more lighted courts during the budgeting process. He felt that encouraging students to have good grades was a good idea but could not support the program if students were required to maintain a B average. He did not feel the City of Chula Vista should participate in any program that does not give access to all people on equal terms. Michael Harris, Assistant Pro and Director of the South Bay Junior Tennis Program, responded that students at the top level are required to maintain a 3.0 average. Students in the beginning satellite tournament level and age groups from seven to sixteen are required to maintain a 2.5 average. Help is available to students, i.e. probation, tutoring, etc. Mr. Valenzuela replied that the 3.0 average did sound prohibitive. Staff was unaware of the grade requirement for the program. City Manager Goss stated he could not understand why this program would have a higher requirement than normal high school athletics. He felt there was a problem with a requirement of this type. Mr. Harris responded that every child is allowed to participate and the grade point average is not taken into consideration until the tournament level where there would be a demand on their time. Each child is taken into consideration independently. Councilman Nader suggested that a GPA should not be a bar to participation in the program. If they would like to set a requirement that a student participate in a tutoring program, if their grade falls below a certain GPA, it would be acceptable. SUBS11TUTEMOTION: CMoore/Rindone) changethe contractto allowplayffom3:30to7:00p.m.,Monday through Friday, four courts, three year contract, no GPA required lower than 3.0, and process the recommendations through the Parks and Recreation Commission. Approved 4-0-1 with Mayor McCandliss absent. 12. RESOLUTION 15984 MODIFICATION NUMBER FOUR TO THE CONTRACT Wi'II-I DAMES AND MOORE FOR THE PREPARATION OF ENVIRONMENTAL DOCLIMENTS FOR THE OTAY [L~qCH PROJECT - Minutes December 18, 1990 Page 6 Previous amendments to the contract with Dames and Moore for tj~e Otay Ranch EIR provided that the analysis of off-site alternatives would be done after the sites were identified. That has now been accomplished and Baldwin has agreed to the scope of work/cost. Staff recommends approval of the resolution. (Director of Planning) 4/S's vote required. 13. RESOLLrHON 15985 APPROVING AGg FOR PROFESSIONAL CONSULTANT SERVICES FOR SALT CREEK RANCH SECFIONAL PLANNING AREA PLAN - The proposal is to hire RBF and Associates to provide professional planning services in the review of the Salt Creek Ranch SPA Plan and related studies. The total cost of this contract is $96,885, and will be paid by the Baldwin Company, which is the applicant. Staff recommends approval of the resolution. (Director of Planning) ,'q59q 14. RESOLUTION 15986 RATIFYING EXTENSION OF CONTRACT FOR PLANNING SERVICES OF LETHERI-MCINTYRE AND ASSOCIATES FOR TI-IE PALOMAR TROI.I.FYY COI~,~MFaRCIAL CENTER, AND AUTHORIZING THE MAYOR TO EXECLrFE SAID AGREEMENT - Staff recommends approval of the resolution. (Director of Planning) 4/5's vote required. /qSq 5 15. RESOLUTION 15970 EXTENSION OF CONTRACT FOR pLANNING SERVICES OF WILLIAM F. HEITER FOR THE CITY'S SIGN ABATEMENT PROGRAM, AND APPROPRIATION OF FUNDS - Staff is proposing to extend Mr. Heiter's contract of six months to allow completion of the Sign Abatement Program for the area outside of Montgomery. This extension would require an appropriation of $t2,000; however, the costs of these services are expected to be fully covered by processing fees. Staff recommends approval of the resolution and appropriation- (Director of Planning) Con~nuedffomthel2/ll/9Omeeting. 4/S's vote required. Pulled from Consent Calendar. /qfq e Councilman Nader questioned whether the six month extension was for cataloglag or if it included enforcement and abatement. Robert Leiter, Director of Planning, responded that enforcement and abatement were included in the extension. it is anticipated that processing fees will cover the costs of the extension. RESOLUTION 15970 OFFERED BY MAYOR PRO TEMPORE MOORE, reading of the text was waived, passed and approved 4-0-1 with Mayor McCandliss absent. 16. RESOLUTION 15987 MODIHCATION TO AGREEMENT FOR THE ENVIRONMENIAL IMPACF REPORT FOR RANCHO SAN MIGUEL TO SLIBSTITUT$Z. ERCE FOR KE1 .I .ER ENVIRONMENTAL ASSOCIATES AS THE CITY'S CONSULTANT - Staff recommends approval of the resolution. (Director of Planning) Pulled from Consent Calendar. Pulled from Consent Calendar. /45'q7 City Attorney Boogaard reviewed the negotiations between the four parties. None of the changes put the City at risk and Council can offer the Resolution with the agreement as modified. At the request of two of the parties, the dollar figure for which the City is not liable, top of page 3, is all subject to further proof and consensus by Keller and ERCE. Until that agreement is made the contract will not be delivered as approved by Council. RESOLUTION 15987 OFFERED, AS MODIFIED, BY COUNCILMAN MALCOLM, reading of the text was waived, passed and approved 'b0-1 with Mayor McCandliss absent. Minutes December 18, 1990 Page 7 17.A. RESOLUTION 15972 ADOPTING A MAP SHOWING THE PROPOSED BOUNi)ARY OF SPECIAL ASSESSMENT DISTRICT ~ER 90*3, EASTLAKE GBEENS PHASE 1 - On 10/16/90, Council accepted the position of the EastLake Development Company and other property owners to initiate acquisition assessment district proceedings, pursuant to the Municipal Improvement Act of 1913 and Ordinance 2397, for the financing of infrastructure improvements in the Greens and surrounding areas of the EastLake development. This item commences the formal proceedings leading to the establishment of the EastLake Greens - Phase i assessment dish:let. Staff recommends approval of the resolution, and set time and date of public hearing for 1/15/91 at 6:30 p.m. (Director of Public Works) Continued from the 12/11/90 meeting. Pulled from Consent Calendar. RESOLUTION 15972 OffERED BY COUNCILMAN MALCOLM, reading of the text was waived, passed and approved 4-0-1 with Mayor McCandliss absent. B. RESOLUTION 15973 DECLARING ~ON AND COVERING PRELIMINARY DETERMINATION TO ORDER THE ACQUISITION OF CERTAIN IMPROVEMENTS IN PROPOSED ASSESSMENT DISTRICT NUMBER 90-3, EASTI)tKE GREENS PHASE 1; ORDERING THE PREPARATION OF A REPORT DESCRIBING THE DISTRICT TO BE ASSESSED TO PAY THE COSTS AND EXPENSES THEREOF; AND PROVIDING FOR THE ISSUANCE OF BONDS - Staff recommends approval of the resolution. (Director of Public Works) Continued from the 12/11/90 meeting. RESOLUTION 15973 OFFERED BY COUNCILMAN MALCOLM, reading of the text was waived, passed and approved 4-0-1 with Mayor McCandliss absent. C. RESOLLITION 15974 PASSING ON THE 'REPORT' OF THE ENGINEER, GMNG PRELIMINARY APPROVAL AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING REGARDING ASSESSMENT DISTRICT NUMBER 90-3, EASTLAKE GREENS PHASE I - Staff recommends approval of the resolution. (Director of Public Works) Continued from the 12/11/90 meeting. RESOLUTION 15974 OFFERED BY COUNCIkMAN MALCOLM, reading of the text was waived, passed and approved 4-0-1 with Mayor McCandliss absent. D. RESOLUTION 15975 APPROVING REVISIONS TO THE ACQUISHION/FINANCING AGREEMENT FOR ASSESSMENT DISTRiCT NU1VIBER 90-3, F)kSTLAKE GREENS PHASE I - Staff recommends approval of the resolution. (Director of Public Works) Continued from the 12/11/90 meeting. lq6ol RESOLUTION 15975 OFFERED BY COUNCILMAN MALCOLM, reading of the text was waived, passed and approved 4-0-1 with Mayor McCandliss absent. 18. RESOLLrHON 15976 APPROVING AN AGREEMENT WITH SOUTHLAND PAVING, INCORPORATED TO AMEND 'DIE CONTRACT FOR IMPROVEMENTS OF FIFTH AVENUE FROM 'L' STREET TO NAPLES STREET - On 9/5/90, Council awarded a contract to Southland Paving, Inc. in the amount of $880,310.72 (including contingencies) for the improvements of 5th Avenue from "L" Street to Naples Street. Staff has negotiated a change in contract with Southland Paving, Inc. to amend the start of their construction activities. The actual street construction activities will begin in March, t991, after the currently ongoing utility relocation work by the utility companies is completed. Staff recommends approval of the resolution. Continued from the 12/11/90 meeting. (Director of Public Works) /~.o~ 19. RESOLUTION 15988 /MoPROVING REVISED AGRFY~MENT WITH THE COUNq'Y OF SAN DIEGO FOR THE POLICE DEPARTMENTS PARTICIPATION 1N THE CALIFORNIA IDENTIFICATION SYSTEM Minutes December 18, 1990 Page 8 lIEMOTE ACCESS NETINORK - The City entered into an agreement with the County to participate in the California Identification System Remote Access Network, commonly known as CAL-ID/RAN. The system is maintained by the State Department of Justice, although San Diego County is responsible for system allocation and funding in the County. The agreement is presented again for approval due to a change in the allocation of user charges. The proposed change will significantly reduce the City's level of proposed funding for the program. Staff recommends approval of the resolution. (Police Chief) Iq&o3 20. RESOLUTION 15989 ACCEPTING BIDS AND AWARDING CONTRACT FOR 'PLACEMENT OF ASPHALT CONCRETE OVERLAY (1990-91 PROGRAM) ON VARIOUS STREETS IN THE CITY OF CHULA VISTA~ - On 12/5/90, the Director of Public Works accepted sealed bids for "Placement of Asphalt Concrete Overlay (1990-91 Program) on Various Streets in the City of Chula Vista. Funds for the program were budgeted in FY 1990-91. Work includes the removal of the alligatored pavement areas and placement of asphalt concrete overlay 1-1/2 inches thick on a non-woven pavement reinforcing fabric. It also includes cold planing of existing A.C. near the lip of gutter, traffic signal loops, traffic control, and other miscellaneous work Staff recommends Council: 1) waive the minor irregularity in Sire J. Harris' bid bond due to a clerical error in omitting the wording "Ten Percent (10%) of the amount bid"; 2) accept bids and award contract to Sire J. Harris Company in the amount of $264,149.32; and 3) authorize the City Engineer to execute change order with Sim J. Harris Company to include additional streets requiring a 1-1/2 inch thick asphalt concrete overlay. (Director of Public Works) 1%o9, 21. REPORT SECURITY AT SAN DIEGO TROIJ.F-Y STATIONS IN CHUI2~ VISTA - On 10/9/90, Council directed staff to review current security procedures at the three Chuta Vista Trolley Stations and to work with MTDB staff on ways to reduce auto*related crime at the stations. The report discusses proposed actions to address these concerns. Staff recommends Council accept the report and direct staff to return to Council by September 1991, with a report on the impacts of increased security measures at the Chula Vista Trolley Stations. (Director of Public Works) I~o.< 22. t~EPORT DEVELOPMENT AND IMPLEMENTATION OF AN INTEGRATED PEST MANAGEMENT 0PM) PROGRAM FOR INDOOR PEST CONTROL IN CITY FACILITIES IN CONJUNCTION WITH TIqE CITYS PEST COBrI'ROL CONTRACTOR - In consideration of the health and environmental risks associated with pesticide use, staff recommends developing and implementing an integrated pest management program (IPM) over the next six months. An IPM program involves the use of preventative methods and less toxic alternatives. Staff recommends that Council accept the report and approve the implementation of an IPM program for indoor pest control in conjunction with the City's pest control contractor. (Director of Public Works) Councilman Nader complimented staff on the development of this program. 23. REPORT CITYOFCHULAVISTAAUDITEDFINANCIALSTATEMENTSFORTHEYEAR ENDED dUNE 30, 1990 AND AUDITOR'S OPINION - Presented for Council information are the City's Audited Financial Statements for the year ended June 30, 1990. The audit is performed by Deloitte & Touche and, in their opinion, the statements fairly present the financial position of the City in accordance with generally accepted accounting principles. Staff recommends Council accept the report. (Director of Finance) * * END OF CONSENT CALENDAR * * Minutes December 18, 1990 Page 9 PUBHC HEARINGS AND RE~'I'ED RESOLUTIONS AND ORDINANCES 24. RESOLUTION 15990 CER-rlFYING THAT THE FINAL :ENVIRONMENTAL IMPACT REPORT EIR~9- 10, RANClIO DEL REY SPA IIl, H/MS BEEN PREPARED IN COMPI3ANCE WITH CEQA, THE STATE CEQA GUIDELINES AND THE ENVIRONMENTAL KEVIEW PROCEDURES OF THE CITY OF CHULA VISTA - The resolution does not require a public hearing but is related to the following items. Staff recommends approval of the resolution. (Director of Planning) /q~8 MSC (Malcolm/Nader) to continue the public hearing to the meeting of January 8, 1991. Approved 4-0-1 with Mayor McCandliss absent. A. pLIBLIC FlEARING GPA-91-2: CONSIDERATION OF AN AMF3'/DMENT TO THE CIRCULATION gl.gl~,W2qT OF THE GENERAL PLAN, INCLUDING REDESIGNATION OF A PORTION OF EkST "Y STREET FROM A CLASS IlI COIJ.ECTOR ROAD TO A CKASS II - CITY INITIATED - Rancho Del Rey Partnership has submitted a Sectional Planning Area Plan for Rancho del Rey SPA III. Part of the land use and circulation planning within the SPA included re-addressing the need for a connection of East "J" Street and Buena Vista Way as shown in the General Plan. Staff recommends approval of the resolution. (Director of Planning) RESOLUTION 15991 APPROVING AN AMENDMENT TO TIqF. CIRGULATION ELEMENT OF THE GENERAL PLAN B. PUBLIC HEARING PCM-90-6: CONSIDERATION OF RANCHO DEL REY SPA lIl PLAN, PUBLIC FACILITIES FINANCING PLAN AND PLANNING COMMISSION REGUId~TIONS - RANCHO DEL REY PARTNERSHIP - The applicant has submitted a Sectional Planning Area (SPA) Plan and related items for a 404.9 acre property, located between East "H" Street and Telegraph Canyon Road, immediately south of Rancho del Rey SPA I. Staff recommends approval of the resolutions. (Director of Planning) RESOLUTION 15992 APPROVING AN AMENDMENT TO THE EL RANGHO DEL REY SPECIFIC PLAN RESOLUTION 15993 'APPROVI NG THE RANC~]O DEL REY SECTIONAL PDXNNI NG AREA (SPA) III PLAN, PUBLIG FACILITIES FINANCING PLAN AND PLANNING COMMISSION REGULAT ONS RESOLUTION 15994 ADOPTING THE CEQA FINDINGS AND STATEMENT OF OVEILRIDING CONSIDERATIONS FOR EIR-89-10, RANCHO DEL REY SPA Ill RESOLUTION 15995 ADOPTING THE MITIGATION MONITORING PROGRAM FOR E[R-89-10, RANCHO DEL RE'/SPA III 25. PUBLIC HEARING CONSIDERATION OF ADOPTING AN ORDINANCE IMPOSING A MORATORIUM ON ALL LAND USE APPROVALS ON THE SAN DIEGO GAS AND ELECHHC PROPERTY IN THE VIC1NITY OF 'L' STREET (Director of Planning) This being the time and place as advertised, the public hearing was declared open. Patricia Barnes, representing SDG&E, stated that although they did not see a need for the extension of the moratorium, SDG&E would not formally object to the extension. They did not formally waive the right to do so in the future. They asked that if from time to time, modifications were required for health, safety, or Minutes December 18, 1990 Page 10 environmental reasons, by an authorized governmental agency, that the City would cooperate with them in obtaining the necessary governmental permits within a reasonable period of time. There being no further public testimony, the public hearing was declared closed. Councilman Malcolm infornaed the public that SDG&E and Edison are currently searching for other locations for their proposed plants rather than placement on the Bayfront. ORDINANCE 2433 ESTABLISHING A MORATORIUM ON ALL LAND USE APPROVALS ON THE SAN DIEGO GAS AND EI.RCTRIC PROPERTY IN 'llqE VICINITY OF 'L' STREET (first reading) ORDINANCE 2433 O~ BY COUNCII2VIAN NADER, reading of the text was waived, passed and approved 4-0-1 with Mayor McCandliss absent. OTHER BUSINESS 26. ORAL COMMUNICATIONS Victor A. Nolan, 12 Via Barbarini, Chula Vista, California, requested that Council send a letter to the federal representatives regarding a COLA for disabled veterans. Councilman Nader requested that Mr. Nolan's request be placed on the agenda for January 8, 1991. 27. ITEMS PUIJJ~D FROM THE CONSENT CALENDAR (Items pulled: S, 6, 7, 9, 11, 14, 15, 16, and 17) The minutes will reflect the published agenda order. 28. CITY MANAGEWS REPORT(S) a. Requested an update from the City Attmnney regarding the Jones Intercable litigation. /q/,/D City Artotney Boogaard stated this was a matter of public record, and that the court had initiated a preliminary injunction requiring the City to allow Jones to lay conduit, cable, wires, etc. in the newly developing areas of EastLake Greens as the streets were about to be paved over. The City felt this order was over broad and have requested reconsideration by the Judge, which will happen this Friday. Meanwhile, there has been some dispute between the City and Jones as to whether they have the permission to dig trenches without encroachment pern~its in the EastLake area. He has requested that the Director of Public Works issue several stop work orders. Jones' position is that they are not bound to comply with that permitting process but have, under protest, done so. it is hoped there will be further resolution on Friday when this is reheard. 29. MAYOR'S REPORT(S) - None Minu[es December 18, 1990 Page 11 30. COUNCIL COMMENTS a. Councilman Malcolm: Requested that the publication times of Public Hearings be placed under his comments for the next Council meeting. Due to his absence, he requested that Item #5 on the Redevelopmerit Agency Meeting be continued to a meeting in which he would be in attendance. b. Councilman Rindone: Requested report from staff on holding meetings outside of the Council Chambers, one meeting per quartet in areas of interest throughout the community. The report is to include information regarding the Charter requirements. His recommendation included the Redevelopmerit Agency meetings. 31. BOARD AND COMMISSION RECOMMENDATIONS - None ADJOURNMENT The City Council adjourned to a Joint City Council/Redevelopment Agency meeting at 7:29 p.m. PRESENT: Members Malcolm, Moore, Nader, and Rindone. ABSENT: Chairperson McCandliss ALSO PRESENT: John D. Goss, Director; Bruce M. Boogaard, Agency Attorney; and Vicki C. Soderquist, Deputy City Clerk 1.A. RESOLUTION 15977 REJECTING 'llLIE LOWEST BID AND ACCEPTING 'll~Id. SECOND LOWEST BID, TRANSFERRING FUNDS, APPROPRIATING FUNDS, AND AWARDING 'DIE CONTRACI' FOR "NOILMAN PARK SENIOR CENTFj( - RENOVATION AND EXPANSION' - On 10/14/90, the Director of Public Works received scaled bids for "Norman Park Senior Center - Renovation and Expansion". Funds for this project were budgeted in FY 1985-86, FY 1986-87, FY 1988-89, and FY 1989-90. The work includes, but is not limited to, demolition of a majority of the existing center; construction of a new two-story center, including meeting rooms, library, kitchen, restrooms, gallery/seating area, staff and volunteer office space, conference rooms and office space for senior social service proriders; and installation of new landscaping trellis work and a concrete patio and entryways. Staff recommends Council reject the lowest bid, accept tie second lowest bid, transfer funds, appropriate funds, and award the contract for "Norman Park Senior Center - Renovation and Expansion". (Director of Parks and Recreation, Director of Public Works, and Director of Community Development) Continued from the 12/11/90 meeting. (COUNCIL RESOLIlIION) /q.4,11 Chris Salomone, Director of Community Development, reviewed the goals set for Minority Owned Business and Women Owned Business enterprise participation in contracts. In the evaluation of the lowest bid, it was found that the percentages were 1% for Minority and less than 1% of Women Owned. Therefore, staff evaluated the "good faith" performance of the contractor and staff determined that a "good faith" effort was Minutes December 18, 1990 Page 12 not made and recommended rejecting that bid. The second lowest bid was then evaluated and was found to have 7 1/2% Minority and 3% Women Owned participation. After evaluation, staff also felt they had demonstrated "good faith" performance. Staff therefore recommended that Council and Agency reject the lowest bid and accept the second lowest bid and award the contract to Davidson Construction Company. Under the Minority Business Enterprise Plan the contractor has a right to protest before the Council and the lowest bidder has requested this protest. David Hauls, Community Development Specialist, stated there was very little participation by all the other bidders. The other five bidders did not appear to meet the City's goals either. John Kucharski, 810 W. Los Vallecitos Boulevard, Suite B, San Marcos, California, representing JK-Palmer Construction Corporation stated they were protesting the recommendation in the Agenda Statement, items A1 and A2. JK-Palmer was responsive to the items required in the bid documents and they were the lowest bidder by over $56,000 and was within $6,000 of the architects esfimate. They did not achieve the WBE/MBE goals and noted they were goals. Had they known that MBE/WBE participation would take precedence over low bid, they would have utilized minority subcontractor quotes that were not competitive. Staff was correct in stating that their MBE/WBE participation was low but incon'ect in stating that they did not make a good faith effort. They felt this was substantiated in their' report of 12/5/90. This report along with their letter of 12/7/90 documents all efforts taken, i.e. phone calls, advertising, and mass mailings to obtain sufficient MBE/WBE proposals. They felt they were responsive by being an equal opportunity employer, having an in-place 220 day project schedule developed with major subcontractors, a thorough wofidng knowledge of the project plans and specifications with regard to scope, the insurance company l eady to issue certificates, and the bonding company ready to issue performance and payment bonds in the contract amount. Bids were received from eight contractors with en-ors or omissions in every proposal that would sender the proposals as "non-responsive". The distortion of the Ciry's MBE/WBE construction program is a selective incompleteness of the bid review process. They felt Chris Salomone had, in an after the fact attempt to alter bid documents which brought favorable light to Davidson Construction Company. He then ~'eviewed infl.~-mation received from the AGC's office regarding contract regulations. They agree that they only have 1% MBE participation, however, JK-Palmer is a woman owned business with S1% ownership by Elizabeth Palmer who has active day to day participation in decisions, management, and policies. This would amount to 14% WBE participation. He then reviewed the process taken in contacting MBE/WBE subcontractol s. They felt that Mr. Salomone's recommendation was made on incomplete information and wes'e concerned as to whether Mr. Salomone and Council had reviewed all the information received. He did not feel staff had made a "good faith" effort in reviewing JK-Palmer's qualifications. They felt that the merits of elTorts measured by the Community Development Director should be reconsidered immediately as their c, nly recourse on any decision other than that of an award of bid to JK-Palmer would be to file a preliminary injunction on this project pending a final determination by the court. Councilman Nader questioned what the total percentage would be if the subcontractors with 1/2 of 1% were added. Mr. Kucharski responded that there were four or five subcontractors that were not listed and if allowed to utilize them, their percentage would be approximately 15%. Mr. Salomone informed Council that would not be allowed under the bidding procedures. Mr. Hanis replied that normal procedures would be nor to change any of the subcontractors listed in the proposal. The City Attorney advised them that technically the State law requires the listing of those over 1/2 of 1%, therefore, those subcontractors that were less could be changed. Minutes December 18, 1990 Page 13 Clifford Swanson, City Engineer, responded that if it was 15% with four bidders, they would each have to be over 1/2 of 1%. Councilman Malcolm questioned whether Mrs. Palmer was a licensed contractor. Mr. Kucharski responded that she was not but the corporation was. Councilman Nader stated if there was a way to legally achieve the 15% goal, he would like to pursue that option. He questioned how long the process would take to rebid the project if all bids were rejected. Councilman Malcolm responded that would not be an option he would consider as the project was already behind schedule. Mr. Salomone responded that sixty days would be an optimistic estimate. Mr. Harris informed Council that a letter had been received from the City of San Diego, which has a certification program for MBE/WBE enter?rises. They have reviewed an application from JK-Palmer and have denied it as of last week. Margaret Helton, 162 Mankato Street, Chula Vista, California, spoke in support of the staff recommendations. She felt the Ciry's bid process was clear, and if that process was followed, Council should take action. RESOLUTION 15977 and 1141 OFFERED BY COUNCIL MALCOLM, reading of the text was waived. Councilman Rindone stated that an option under Section 108 monies would allow a larger loan, relieving the CDBG funds. The annual usage of CDBG monies would have to be reviewed and priorities set in the future. The City will have to be frugal in the future regarding capital outlay projects. City Manager Goss responded that capital improvement funds available from the block grants for next fiscal year would be $432,000 rather than $750,000 discretionary money. That is a restraint Council wiil be placing upon themselves. In his judgemeat, the money over the next several years, not including additional 108 loans, would enable the City. to do basic park improvements at the 4th and Orange Library Park. VOTE ON MOTION: passed and approved 4-001 wi~ Mayor McCandliss absent. B. RESOLUTION 1141 PunPROVING THE APPROPRIATION OF REDEVELOPMENT FUNDS FOR 'NORMAN PARK SENIOR CENTER - RENOVATION AND EXPANSION IN THE CITY OF CtfULA VISTA, CALIFORNIA" (AGENCY RESOLUTION) C. RESOI.1JTION 15996 REQLIES'I1NG THE COUNTY BOARD OF SUPERVISOILS TO TRANSFER FUNDS FROM FIFTH AVENUE STREET IMPROVEMENT PROJECT TO FOURTH AND ORANGE AVENUE PA1LK PROJECT (COUNCIl. RESOLLYlION) ./q6l.~ ~ /q~l,~ Councilman Malcolm stated he had abstained on the 4th Avenue and Orange project and would abstain from voting on this resolution. RESOLUTION 15996 OFF~ BY COUNCILMAN NADER, reading of the text was waived, passed and approved 3-0-1-1 with Mayor McCandliss absent and Councilarea Malcolm abstaining. Minutes December 18, 1990 Page 14 2. .E. XECLrPIVE DIRECTOWS COMMENTS a. Scheduling of regular meetings of the Redevelopment Agency. It had been indicated by Member Rindone that there was a scheduling conflict for the Agency meetings held on the third Thursday of the month. Member Rindone suggested that the Agency consider the second and fourth Thursday of the month to elinninate potential conflicts. Member Malcolm stated the second Thursday of the month was the Coastal Commission meetings. Member Nader stated he had a conflict with the 4:00 p.m. time frame. Member Rindone responded that the meetings should be left as th.': currently are and he would try to work out the conflict through his office. Member Malcolm hoped staff would stress the work load at the third Thursday meeting of the month with carry over items to be heard after the next Council meeting. Chris Salomone, Director of Community Development, stated the Agency would not have to meet in Closed Session to discuss: property negotiations pursuant to Government Code Section 54956.6 - Northeast corner of Fifth Avenue and "H" Street - 8.82 acres free owner: Garrert, Ltd., a California Limited Partnership, David S. Casey, St., Wayne P. LilI, and Metropolitan Shopping Square, Ltd.) pursuant to Government Code Section 54956.8 ADJOURNMENT OF THE JOINT CITY COUNCIL/REDEVELOPMENT AGENCY MEETING AT 8:21 P.M., to a Joint Agency/City Council meeting of December 20, 1990 at 4:00 p.m. in the Council Conference Room. The City Council, as the Board of Directors, for the Chula Vista - E1 Dorado County - Livermore * Menlo Park Housing Finance Agency held their Annual Meeting at 8:21 p.m. to discuss: 1. SUP, MITI'AL OF ANNUAL REPORT MSC (Malcolm/Nader) to approve the report as submitted, approved zl-0-1 with Mayor McCandliss absent. 2. ROTATION OF AGENCY RESPONSIBILITIES TO EL DORADO COUNTY /'V~/V Mayor Pro Tempore Moore requested that staff cotTespond with the next lead agency regarding the rotation of agency responsibilities. ADJOURNMENT OF THE CHULA VISTA - EL DORADO COUNTY - LIVERMORE MENLO PARK HOUSING FINANCE AGENCY AT 8:24 P.M. MSC (Moore/Malcolm) to reconvene the City Council meeting, approved 4-0-1 with Mayor McCandliss absent. The City Council meeting reconvened at 8:24 p.m. Minutes December 18, 1990 Page 15 City Attorney Boogaard stated Council did not have to meet in closed session and recommended that pending litigation - Gomez v. City of Chula Vista, et al. be referred to outside counsel, Daley and Heft. MSC (Malcolm/Nader) to refer Gomez v. City of Chula Vista, et al. to outside counsel, Daley and Fieft. Approved 4-04 with Mayor McCandliss absent. 1'/415' ADJOURNMENT AT 8:25 P.M. to a joint City Council/Redevelopment Agency Meeting on December 20, 1990 at 4:00 p.m. in the City Council Conference Room. Respectfully submitted, 13EVERLY. A. AUTHELET, CMC, City Clerk \ by: . ',/\A Vicki C. Soderquist, Deputy City Clerk