HomeMy WebLinkAboutcc min 1991/06/18 MINUTES OF A REGULAR MF~i ttqG OF THE
ca-lY OF CHULA VISTA
Tuesday, June 18, 1991 Counc~ Chambers
6:05 p.m. Public Services Building
C~I.T.Rr) TO ORDER
l. CALL THE ROLL:
PRESENT: Councilmembers Malcolm, Nader, Rindone, and Mayor Pro Tempore Moore
ALSO PRESENT: John D. Goss, City Manager; Bruce M. Boogaard, CityAttorney; and Beve~y
A. Authelet, City Clerk
2. pT,F. nGE OF/~T.T.~GIAN{~, TO THE FLAG. SILENT PRAYER
3. APPROVAL OF MINUTES: None submitted.
4. SPECIAL ORDERS OF THE DAY:
a. Oath of Office administered by City Clerk Authelet to Linda Wilson - Library Board of Trustees.
,- .b. RESOLUTION 16201 RECZfliqGTHF-FACTOFTHEG~MUNICIPALF-I.RCTIONI-~.I/ION
RESOLUTION 16201 OFFERED BY MAYOR PRO TEMPORE MOORE, reading of the text was waived, passed
and approved unanimously.
c. Commen~s by Mayor Pro Tempore Moore - Mayor Pro Tempore Moore thanked his colleagues for
their support during this interim period. He noted that the Mayor's position was enremely demanding and
noted the flexibility required in working with the public, staff, and Council. He then noted the many boards
and commissions the Mayor works with and the accomplishments made. He stated that the Mayor was only
one member of the Council and therefore had no more or less authority than other Councilmembers. He
thanked the 200+ volunteers that worked with the City and pledged to work with Mayor Nader.
Councilman Malcolm then presented Mayor Pro Tempore Moore a gift on behalf of the Council. He noted
that Mayor Pro Tempore Moore had given much of himself during this interim period.
d. Presentadon, ReportandRecognitionofDelegationatthel0this'nnlve-'~arYcelebration in Odawara,
Japan. Terry Thomas, Chairperson of the International Friendship Commission, introduced the delegation
attending the lOth anniversary celebration in Odawara, Japan and reviewed the highlights of the trip.
e. Oath of Office for New Mayor - City Clerk Authelet administered the Oath of Office to Mayor Tim
Nader.
f. Cornmenl~ by Mayor Nader - Mayor Nader stated that the 1990's should be a decade of
environmental achievement. Council will have the opportunity to improve growth management, protect
,. sensitive lands and open space, reduce the ravaging effects of air pollution, and facilitate adequate and
affordable supplies of water. A high priority should be public safety with the Council working with other
Minutes
June 18, 1991
Page 2
local officials to push for stronger laws to deal with the drug menace and epidemic of tragedy that it brings.
There should be a revitalization of Neighborhood Watch, grassroots grafflti eradication and prevention, and
education programs to alert young people to the dangers of gangs and drugs. He has a vision for a multi-
purpose, multi-cultural Arts Center and felt the community should commit to transforming such a vision into
reality by the end of this decade. He proposed that when completed, the facility should be dedicated to the
late Mayor, Gayle McCanclliss. There should be a new partnership for the creation and implementation of
a plan to retain and atlract job opportunities in clean business and industry to the City. All citizens should
take the opportunity to be involved in the issues that affect their neighborhoods, and come closer together
as a community. It is his goal to have a city in which everyone knows they count. All should dedicate
themselves to creating the best future possible for the next generation.
* *,* tali COUNCIL RECESSED AT 6:50 P.M. FOR A RECEPTION AND RECONVENED AT 7:17 P.M. * *
5. ROLL CALk
PRESENT: Councilmembers Malcolm, Moore, Rindone, and Mayor Nader
6. Declaration of Vacancy in Coune~ Seat No. 3. Staff recommends that Council take minute action
to declare Council Seat No. 3 vacant by Councilman Nader's election to the Office of Mayor. /~"hL~
MSUC (Malco.l~/Rindone) to declare the vacancy in Council Seat No. 3.
Mayor Nader informed the public that applications would be accepted until 5:00 p.m. June 28, 1991 with
interviews on July 8th and 10th.
Councilman Rindone felt the applications for the Council Seat were an opportunity for members of the
community to express their interest and willingness to serve but did not restrict the Counc~ selection from
only those candidates.
CONSENT CALENDAR
(It~m~ pulled: 13, 15, and 26)
BALANCE OF THE CONSENT CALRNDAR OP'p'e~IED BY COUNCILMAN MALCOLM, reading of the text was
waived, passed and approved unanimously.
7. WRI 1 leaSl COMMUNICATIONS:
a. Letter from Chair of Chula Vista 21 Committee regarding the resignation of Lee Chapman and
appointment of a replacement member. It is recommended that the Council accept Mr. Chapman's
resignation, that a letter of appreciation be sent to him, and that the Council give consideration to Ms. Ross'
appointment as Mr. Chapman's replacement.
b. ' Cl~{mn Agaln-~t the City:. Claimant No. 1: Erreca's Inc., c/o Shiftier, Waiters, Kane & Konoske,
Attorneys at Law, 1370 West India, San Diego, CA 92101, Claimant No. 2: Biggs Engineering Corporation,
c/o Law Offices of William I. Chopak, 3111 Camino Dal Rio North, Suite 1100, San Diego, CA 92108,
Claimant No. 3: Bayscene Resident Negotiators, Law Offices of Stanley F. Zubel, 7290 Navajo Road, Suite
Minutes
June 18, 1991
Page 3
203, San Diego, CA 92119. It is recommended that the claims against the City filed by Erreca's Inc. and
Biggs Engineering be denied, and the application to file a late claim by Bayscene Resident Negotiators be
denied. /4V,~ 7
8. ORDINANCE 2462 REZONING (IRTAIN TERRITORY WITHIN THE CENTRAL CHULA VISTA
COMMUNITY, GENERALLY BOUNDED BY E STREET, H b-rKEET, SECOND AVENUE, AND THIRD AVENUE,
PLUS AN ADDITIONAL AREA EAST OF FOURTH AVENUE BETWEEN *E* AND DAVIDSON STREETS, TO
~Y REDUCE THE EXISTING PER~tl i-rP.D DEN~I-I-I/~ FROM R-3 TO I-K~SER DEN:~II'IES,
DEPIUI~.;O ON EXHIBITS A, B, C, AND D ATTACHED HERETO (second reading and adov~on) (Director of
Planning)
Councilman Rindone stated that Subarea 3-Section 2 had been bifurcated at the meeting of July 11, 1991
as his home was in that area and would therefore create a conflict of interest. He had been advised by the
City Attorney at that time that he could participate on the rezoning of the remaining area without a potential
conflict of interest. He would abstain from voting and participating on Item #28 which was the bifurcated
area due to a conflict of interest.
9. ORDINANCE 2463 ADDING CHAFFERS 3.21 AND 14.16 TO THE CHULA VISTA MUNICIPAL
CODE TO ESTABLISH A STORM DRAIN FEE AND FUND(second reading and adonl~on) (Director of Public
Works)
10. ORDINANCE 2464 AMF. aN'DINGSECTIONS.20.O20,9.20.(MO, 9.20.O45,9.20.OSOANDADDING
SECTION 9 .20.035 TO CHAPTER 9 .20, PROPERTY DEFACEMF_.h'T, OF THE CHULA VISTA MUNICIPAL CODE
(first reading) - The proposed ordinance will add a section permitting graffiti to remain and amend sections
to include the regulation of displaying aerosol paint containers and felt tip markers, enforcement of wrongful
storage offenses, parental civil responsibility for damages, and civil responsibility for damages wrongful
display or storage. Staff recommends Council place ordinance on first reading. (Director of Public Works)
City Attorney Boogaard stated the City had received a request from the Chamber of Commerce to defer this
item. Council had the option of deferring the Ordinance or placing it on fLrst reading and bringing it back
in thirty days for second reading and adoption.
It was the consensus of the Council that the Ordinance should remain on the Consent Calendar and be
brought back for second reading and adoption in thirty days.
ll.A. RESOLUTION 16189 APPROVING THE FINAL MAP AND SUBDM SION IMPROVEMENT
AGREEMENT AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT FOR ~ VISTA
TRACT 88-3, EASTLAKE GREENS PHASE 1D, UNITS 25 AND 40 - On July 25, 1989, Council approved the
Tentative Subdivision Map for Chula Vista Tract 88-3, EastLake Greens. The Final Map and associated
agreements for Phase 1D, Units 25 and 40 are now before Council for approval. Staff recommends approval
of the resolution. (Direcwr of Public Works)
B. RESOLUTION 16190 APPROVING SUPPLEMENTAL AGREEMENT WITH THE DEVELOPER OF
~ GREENS PHASE 1D, UNITS 25 AND 40 NEEnED TO SATISFY TENTATIVE MAP CONDITIONS
OF APPROVAL NO. 30, 3l(b), 31(C) AND 80 /
Minutes
June 18, 1991
Page 4
12. RESOLUTION 16193 APPROVING FIRST AMENDMENT TO THE AGBPPMENT WITH WILLDAN
ASSOCIATES FOR ASSESSMENT ENGINEERING SERVIc~_q RENDERED FOR THE OTAY VALI.h'Y ROAD
ASSESSMENT DISTRICT 90-2, AND AUTHORIZING THE MAYOR TO SIGN SAID AGBI~-MENT - On May 22,
1990, Council approved an agreement with Willdan Associates for consulting services a~ assessment engineer
for Otay Valley Road Assessment District 90-2 and Otay Rio Business Park Assessment District 89-3. This
item is to consider approval of the f~rst amendment to the contract for a proposed expanded scope of work
and includes an increase in the contract amount. Adequate funds have already been appropriated by the
Redevelopment Agency for this capital improvement project which will also cover the proposed increase in
compensation for the additional work (996-9960-ST123). Staff recommends approval of the resolution.
(Director of Public Works) / ~,t)'~/
13. BOLUTION 16194 APPROVH~IGFOURTH~MENTTOTHEAGI!RF-~BETVVEF_J,4THE
U'IY OF ~ VI~A, H ~jrlY OF SAN DIEGO, ~ H SPI!ING VALLN~Y S~ATION DISrlIICT OF
THE COUNTY OF SAN DIEGO, FOR THE USE OF DISTRICTS OUrFALL SEWER - On August 7, 1990,
Council approved the installation of seven sewage-flow meters at city connections to the Spring Valley
Sanitation District sewer lines. Our existing agreement for the use of the District's ouffall sewer must be
revised to include necessary provisions for the operation and maintenance of these sewage metering stations
and to clarify the method of determining service charge for metered and unmetered sewage flows discharged
by Chula Vista into district lines. Staff recommends approval of the resolution. (Director of Public Works)
Pulled from the Consent Calandar. / ~z~'
City Attorney Boogaard requested that Resolution 16194 be pulled from the Consent Calendar as the
amendment to ,the agreement had been revised. The change proposed is a mutual agreement to delete the
requirement of insurance certificates between the City and the Spring Valley Sanitation District. It is a three
party agreement and the City of San Diego has stated that it will have to go back through their attorney's
office due to the changes. He requested that Council approve and authorize the execution of this agreement
in this form or in a substantially similar form so that it can be immediately implemented upon agreement
by the City of San Diego. This would give his office the flexibility to negotiate last minute changes without
coming back to Council for approval.
RESOLUTION 16194 OFFERED BY COUNCILMAN MOORE, reading of the text wa~ waived, pa~sed and
xpproved nnanimonsly.
MSUC (Moore/Nader) to allow the City Attomey's Office the authority to negotiate miscellaneous rh~nges
and authorize the Mayor to ~ecute same.
14. RESOLUTION 16202 ACCEFrlNG BIDS AND AWARDING CONTRACT FOR *WIDENING OF
TELEGRAPH CANYON ROAD/OTAY LAKES ROAD FROM APACHE DRIVE TO Ra AVENUE AND
CHANNEL IMPROVEMENTS* IN THE CI-iY OF CHULA VISTA - On June 12, 1991, sealed bids were received
for 'Accepting bids and awarding contract for 'Widening of Telegraph Canyon Road/Otay Lakes Road from
Apache Drive to Rutgers Avenue and Channel Improvements.' Ageneral description of the work to be done
is as follows: clearing of site, preparation of subgrade, grading, the placing of asphalt concrete on imported
base material, or on recycled A. C. material, the construction of P.C.C. curb, gutter, sidewalk, and pedestrian
ramps, crib walls, irrigation system and landscaping, pavement markers, traffic signals and safety lighting
systems, traffic interconnect conduit, construction of underground and open channel drainage improvements,
water and sewer facfiities, and underground utilities (gas and electric). Staff recommends that Council
accept bids and award contract to Erreca's Inc. in the amount of $4,697,582. (Director of Public Works)
Minutes
June 18, 1991
Page 5
15. RESOLtlTION 16203 APFtRMING TIE TRIAL TRAFFIC REGULATION PARKING PROHIBITION
FOR VEHICLKq OVER SIX FEET IN HEIGHT ON EAST FLOWER STREET - A trial traffic regulation was
established to prohibit vehicles over six feet in height on East Flower Street from affecting visibility of
motorists exiting a driveway. Staff recommends approval of the resolution. (Director of Public Works)
Pulled from the Consent Calendar.
City Attomey Boogaard requested that Council table Resolution 16203.
MSUC (Malcolm/Moore) to table Resolution 16203.
16. RESOLUTION 16204 ACCEFrING BIDS AND AWARDING CONTRACT FOR TREE TRIMMING
SERVICES FOR FISCAL YEAR 1990-91 IN THE t;l-lY OF CHULA VISTA - On May 22, 1991, sealed bids were
received for 'Tree Trimming Services for Fiscal Yeas 1990-91.' Funds for this project were budgeted in Fiscal
Yeas 1990-91. The work to be done consists of trimming broadleaf, eucalyptus, cocus palm, and date palm
trees located on various streets in the city. Staff recommends that Council accept bids and award contract
to Tip Top Tree Service, Inc. in the amount of $77,658 and authorize City Engineer to execute change order
with Tip Top Tree Service, Inc. to include additional trees which require trimming. (Director of Public
Works) /~q~
Councilman Rindone requested that before the contract was brought back for approval that the number of
trees be included along with the trimming schedule. He would like to see a cost analysis between the
contract venus additional staffing or a different utilization of staff.
17. RF_SOLUTION 16205 ACCEPTING BIDS AND AWARDING CON/RACT FOR PARKING LOT
ADDITION, OTAY COMMUI~flY CENTEK, 1571 ALBANY AVENUE IN THE U'IY OF CI-IULA VISTA,
CALIFORNIA - On May 22, 1991, the Director of Public Works received sealed bids for the parking lot
addition at the Otay Community Center, 1571 AlbanyAvenue. Funds for this project were budgeted in Fiscal
Year 1988-89. The project involves removal and disposal of existing improvements, excavation and grading,
asphalt concrete paving, processed miscellaneous base, installing curb end gutter, P.C.C. swale, sidewalk,
landscaping end automatic irrigation system, end other miscellaneous work shown on the plans. Staff
recommends that Council accept bids and award contract to Frank & Son Paving, Inc. in the mount of
$25,086.52. (Director of Public Works) /g~39
18. RESOLUTION 16206 ORDERING THE SUMMARY VACATION OF SEWER EASEMF2qT IN
X~r. ATHERSTONE SOtrl'H, UNITS NUMBER 2 AND 3 - When Weatherstone South, Units Number 2 and 3,
subdivisions were developed in 1965, the sewer main in the area was replaced by a main in Willowcrest
Drive right-of-way. Once the work was complete, the old easement containing the abandoned sewer main
was never vacated. The City is now initiating that vacation. Staff recommends approval of the resolution
end that the City Clerk forward it to the County for recordation. (Director of Public Works) '! ';q~
19. RESOLITrION 16207 ACCEPTING BIDS AND AWARDING CONTRACT FOR ASPHALTIC
CONCRETE - Bids were opened on June 7, 1991 for furnishing the City's requirements for asphalt concrete
for street maintenance. The estimated usage for sheet asphalt is 1,580 tons, 3/8' maximum aggregate 3,000'
tons, end cold mix 420 tons. The material will be picked up at the vendors plant. Staff recommends
approval of the resolution. (Director of Finance) ] ff~/[
Minutes
June 18o 1991
Page 6
Councilman Malcolm stated it was his understanding that the Department had gone out to bid on all three
materials and then awarded the entire contract to the bidder with the lowest bid on one material. He did
not see the purpose of getting individual bids when the contract was awarded to the lowest overall bid. He
felt the City could save money if a different approach was utilized where priee/tonage could be selected from
each of the three bids.
City Manager Goss responded that staff would follow a different procedure in the future.
20. RESOLUTION 16208 ACCEPTING BIDS AND AWARDING CONTRACT FOR ASPHAI.TIC
EMULSIONS - Bids were opened on June 7, 1991 for furnishing the City's requirements for RS-2 asphaltic
emulsions with latex for the chip-sealing program. The estimated usage is 3,000 tons with the vendor to
deliver and spread material at work site. Staff recommends approval of the resolution. (Director of Finance)
21. RESOLUTION 16209 ACCEFrlNGBIDSANDAWARDINGCONTRACTFORSCB~NINGS(STONE
CliPS) - Bids were opened on June 7, 1991 for furnishing the City's requirements for screenings (stone
chips) for the chip-sealing program. The estimated usage is 4,000 tons with delivery to be made to the city
yard. Staff recommends approval of the resolution. (Director of Finance) /~e$ t/..~
22. RESOLLrrlON 16210 APPROVING CONTI~CT AND WAIVING BID REQUIREMENTS FOR
SERVIcF_~; OF A CONTRACT PROJECT PLANNER FOR ~ PROJECTS - The EastLake Development
. Company has filed applications for several projects involving the Village Center and EastLake Greens. Due
to the complexity of these projects and the xpplieant's desire to expedite review, it is requested that a
contract project planner be retained to coordinate review of these projects. Staff recommends that Bud Gray
be retained for this purpose at a cost not to exceed $60,000. The full cost of the contract would be borne
by the applieant, (Director of Planning) /~t/VV
23. RESOLUTION 16211 AUTHORIZING THE MAYOR TO EXECUI~ A CONTRACT FOR FIREWORKS
DISPLAY AND ENTERING INTO INDEMNIFICATION AGI~RRMENTS - Planning is being flnalized for the
annual Fourth of July Fireworks Display to be held in the Chula Vista bayfront The event has been highly
successful during the past several years and is expected to draw an even larger crowd this summer. Staff
recommends approval of the resolution to execute a can~act with San Diego Fireworks, Inc. and to enter
into an Indemnification Agreement with Rohr Indusu-ies for the use of their parking facilities, and with the
San Diego Unified Port District. (Director of Parks & Recreation)
24: RESOLUTION16212 FINDING TI-IAT THE SALABn;-~OF TI-IE MID-MANAGEMF. NT, EXECUTIVE
AND UNREPRESENTED GROUPS ARE UNFIXF. D AND UNCERTAIN AS OF JUNE 29, 1991 - The consulting
firm of Ralph Anderson & Associates is in the process of completing the Mid-Management salary survey
started earlier this year. Additionally, Personnel Department staff is in the process of conducting Executive
and Unrepresented salary surveys. Whfie the IAFF, POA, and CVEA bargaining units wfil receive salary
increases effective June 28, 1991, it is clear that recommendations will not be formulated for these groups
by that date. Therefore, it is recommended that these salaries remain unflxed and uncertain until such time
as the City Manager makes formal recommendations as to the appropriate salary increases for classifications
in each of these groups. Staff recommends approval of the resolution. (Director of Personnel) / ~ t$ 4 {o
Minutes
June 18, 1991
Page 7
25.A. REPORT APPLICATION FOR RENTAL REHABILITATION PROGRAM FUND~ FOR
FISCAL YEAR 1991-92 - The City participated in the United States Department of Housing and Urban
Development Rental Rehabilitation Program during Fiscal Year 2990-91. In order to receive funding for
Fiscal Year 1991-92, an approved application must be submitted. (Director of Community Development)
B. RESOLUTION 16213 APPROVING RENTAL REHABILITATION PROGRAM DESCRIPTION AND
RELATED ~, AND AUTHORIZING SUB1VII'I'I'AL TO HUD - Staff recommends approval of the
resolution. /'5't/~/7
26.A. REPORT PROPOSE MODIFICATION OF MUNICIPAL CODE, SECTION 17.07.030 TO
PROVIDE AN ADDITIONAL CONTINGENCY RESERVE - On April 16, 1991, the City Council adopted
Resolution 16133 directing the City Engineer to prepare and ffie reports of assessments for all existing City
Open Space Maintenance Districts. These reports have been prepared, and the resolution approves and sets
the date for a public hearing to consider the spreading of assessment. The report considers modification of
the 1972 Act to allow the reserve to be increased up to an additional 50% of the estimated yearly cost. Staff
recommends approval of the resolution. (Director of Public Works) Pulled from the Consent Calendar.
Councilman Malcolm questioned whether his home was located in one of the open space districts. He stated
that he had requested, in the past, that staff notify him fithere is a potential conflict or include maps so that
he could identify his area.
John Lippin, Director of Public Works, responded that Councilman Malcolm's home was located in Open
Space District #11.
Councilman Malcolm stated he would abstain from participation and voting due to the location of his home
and possible conflict of interest.
Phyllis Altomare, 1160 Sundown Lane, Chula Vista, CA, representing residents of Open Space District # 18,
spoke in opposition to the staff recommendations. She protested the increase for the District, requested that
Council disapprove or reject Resolution 16214, direct the City Attorney to investigate methods utilized for
rate increases, and to set a public hearing to present the reformed and legally rectified special assessments
for public review. She also expressed concern over the method of notification to property owners and
information available.
John Altomare, 1160 Sundown Lane, Chula Vista, CA, felt that the assessments would be illegal and void
ff accepted by Council.
Mayor Nader responded that the rates would not be set until after the public hearing. He was confident that
the procedures followed by staff were in compliance with the Brown Act. He questioned whether all
residents would be notified of the public hearing and whether the notices sent included the information
regarding the increases in the assessments. He requested that notices in the future contain the projected
increases.
Mr. Lippitt responded that the law required that only the property owners with an increase of over $100 be
notified.
Jerry Foncerada, Parks Superintendent, responded that there would be approximately 8,400 notices that
would have to be sent with the costs being absorbed by the disu'icts. The projected assessments were not
known at the time the postcards were mailed to property owners.
Minutes
June 18, 1991
Page 8
Mayor Nader requested that a system be initiated that would make all information regarding the open space
districts available to property owners upon request. If there is a problem implementing such a system he
would like an informational memorandum.
RESOLUTION 16214 OI'I',V. RF.D BY COUNCILMAN MOORE, reading of the ten was waived, passed and
approved 3-0-0-1 with Counefiman Malcolm abstaining.
MS (Nader/Moore) direct staff to notice all affected residents of the public hearing un'li~Ing the lowest legal
postal Illtea pe[nlissible. l~s. A]tonlal'e's cornmerits are to be re[erred to the City Altoriley.
Councilman Rindone noted that there were a number of districts with decreases or nominal increases. He
could support the motion if mended to state that only those with a $50 or 50% increase be notified of the
public hearing.
Mayor Nader stated that increases would only be approved after the public hearing and that the increases
could possibly change. He felt that all properly owners should be notified of the public hearing.
City Attorney Boogaard responded that the City was not legally required to notify each properly owner of
the proposed assessment. Properly owners only need to be notified of the public hearing.
David Malcolm, speaking from the podium, requested that Open Space District #11 be blfurcated in the
future so that he could participate. He stated that those living in Open Space District #11 were satisfied
with their assessment.
AMENDlVIF_/~r ~O MOTION: (Nader/Moore) to restrict noticing of the public hearing to Open Space
Maintenance Districts #4, # 18, and any other district that would received an increase in assessment of over
$50.00 or 50%. This is not to preclude any other public notice that is legally require~L Approved 3-0-0-1
with Councilman Malcolm abstaining.
B, RF..SOLLrrlON 16214 APPROVING THE ENGINEF_.~'S REPORTS FOR FISCAL YEAR 1991-92
SPREAD OF ASSESSMENTS FOR {.;I-IY OPEN SPACE MAINTENANCE DISTRICTS 1-11, 14, 15, 17o 18, 20,
EASTLAKE MAINTENANCE DISTRICT NUMBER ONE, BAY BO~ARD AND TOWN CEhrI'RF~ DECLARING
THE INTENTION TO LEVY AND COLLECT ASSE AND sift-lING JULY 9, 1991 AT 6:00 P.M. AS
THE DATE AND TIME FOR THE PUBLIC FIEARING ]69~
* * END OF CONSENT CALENDAR * *
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
27. PUBUC HF_ARING CONSIDERATION OF A RATE INCRFAS'E FOR TRASH SERVICE PROVIDED
BY LAIDLAW WA~-rB SYb-nLMS, INC. - ContinUed from the meeting of June 11, 1991. Staff requests the
item be continued to July 16, 1991. (Assistant City Managed I ~q~'
This being the time and place as advertised, the public hearing was declared open.
Mayor Nader stated that staff had requested a continuance of the public hearing until July 16, 1991 at 6:00
p.m..
Minutes
June 18, 1991
Page 9
MSUC 0Moore/Rindone) to continue the public hearing to the meeting of July 16, 1991.
28. PUBLIC HEARING u-IY INI/IATED PROPOSAL TO ~ GENERAL PLAN AND ZONING
RE~CATION TO ~LVE INCONSIgTENCnT_~ - City initiated proposal to amend the terriWry known
as Subarea 2 of Part III located within the central Chula Vista community. Based on the Initial Study and
Negative Declaration, staff Finds that the proposed rezoning and General Plan amendments will have no
significant environmental impacts. Staff recommends adoption of the Negative Declaration, place the
ordinance on first reading and adopt the resolution. (Director of Planning)
Councilman Rindone stated that he would not participate in discission or voting on this item as his home
was located in the area and would therefore create a conflict of interest.
Tony Lattieri, Project Consultant, gave a brief overview of the project. The area is currently designated as
high residential in the General Plan, staff is recommending that the General Plan be amended to Professional
and Administrative Commercial. The existing zoning is C-O and staff recommended that the zoning be
changed to C-O-P.
This being the time and place as advertised, the public hearing was declared open.
There being no public testimony, the public hearing was declared closed.
ORDINANCE 2465 pLACRn ON FIRST READING AND RESOLUTION 16215 OFFERED BY COUNCILMAN
IVIALCOLM, reading of the telrex was waived, passed and approved 3-0-0-1 with Counc~lrn~n Rindone
· abstaining.
A. ORDINANCE 2465 REZONING CERTAIN TERRITORY KNOWN AS SUBAREA 2 OF PART Ill,
WITHIN STUDY AREA B, AND GENERALLY LOCATED WITHIN THE CENTRAL CHULA VISTA COMMUNITY,
EAST OF FOURTH AVENUE BETWEEN *E* AND DAVIDSON b'I KEETS, TO REQUIRE APRECISE PLAN FOR
THE DEVELOPMENT OF PARC~I-~WFFHIN THE AREADEPICTED ONEXHIBIT AATrACHED HERETO (first
reading)
B. RESOLUTION 16215 AMENDINGTHECHULAVISTAGENERALPLANFORSUBAREA2OFPART
III OF SPECIAL STUDY AREA B-1 IN CENTRAL CHULA VISTA TO CHANGE THE LAND USE DESIGNATION
FROM *HIGFF TO A DESIGNATION OF 'PROFESSIONAL AND ADMINIb-I IIATIVE COMMERCIAL*
29. PUBUC HEARING CONSIDERATION TO ESTABUSH FEFS FOR SECURITY ALARM PERMITS -
Currently the Police Deparnnent is responding to 550 security alarms every month. This is very time
consuming for patrol officers and office staff who must monitor these alarms and apply the provisions of the
Alarm Ordinance, Section 9.06 of the Chula Vista Municipal Code. Staff plans to alleviate this problem with
changes in the Alarm Ordinance and contracting with an alarm tracking company to monitor the alarm
ordinance. Staff recommends Council place ordinance on first reading and approve the resolution.
Continued from the meeting of May 14, 1991. (Chief of Police) /{t/~/
William Winters, Chief of Police, stated that this item had been held over in order to obtain input from the
Chamber of Commerce. Staff had been advised that the Chamber Board is now in support of the item.
This being the time and place as advertised, the public hearing was declared open.
Minutes
Jm'xe 18, 1991
Page 10
James Areediano, 9842 Hibert Street, Suite 255, San Diego, CA, representing Alarm Management Services
(AMS), spoke in opposition to the staff recommendation. He outlined the differences in their proposal versus
the proposal rerommended by staff.
There being no further public testimony, the public hearing was declared closed.
ORDINANCE 2457 pI~t'~.n ON FIRST READING AND RESOLUTION 16168 OF~JIED BY COUNCILMAN
RINDONE, reading of the text was waived. The recommendation that Council agree in concept to entedng
into an agreement with Enforcement Technolog!r, Inc. and requesling that staff return with the formal
agreement at a later date was not included in the motion.
Councilman Rindone felt this would give staff the opportunity to review information received tonight as they
would have to come back in the future with a formal agreement.
Councilman Malcolm felt that Counc~ should respond with conceptual approval. He noted that the costs
listed for false alarms seemed cheap. He did not want to discourage alarms but felt that owners should
monitor their systems. He noted that the Police Department was not receiving full cost recovery and
complimented Chief Winters for bringing forward a program that would bring revenues back into the
Depa~Lment. He would like to see the Department proceed and direct staff to bring back a fee closer to fair
cost. He was trying to get away from cutting services or paying more taxes but felt that those abusing the
system should have to pay for the service.
VOTE ON MOTION: approved unanimously.
Chief Winters responded that the program was designed to have owners maintain their systems. He was
concerned that once large bills were accumulated, the Department ordy had two alternatives, i.e. the court
systems or not respond to the alarm.
MSUC (Malcohn/Nader) direct staff to review the fee schedule and inform Council what full cost recovery
would be.
Chief Winters felt that a report could be prepared for the second meeting in July.
A. ORDINANCE 2457 AMENDING CHAPTF. R 9.06 OF THE MIJNICIPAL CODE RELATING TO
REGULATION OF SECURITY ALARM PEILMITS (tint reading)
B. RESOLUTION 16168 APPROVING AMENDlVlF2qT TO MAb-I-~ FEE SCHEDULE FOR SECURITY
ALARM PERMITS
30. PUBLIC HEARING CONSIDERATION OF IHE ADOPTION OF THE BUDGET FOR FISCAL YEAR
1991-92 WHICH INCLUDES ESTABUSHING AN APPROPRIATIONS LIMIT FOR FISCAL YEAR ENDING JUNE
30, 1992 - The City Council has reviewed the proposed Fiscal Year 1991-92 operating and capital budgets
through a series of budget review workshops. In accordance with the City Charier, a public hearing is now
required to consider the general City budget. Staff recommends that Council accept public testimony and
adopt the proposed budget as amended during the review sessions and as a result of the public hearing.
(City Manager) I~
Government Code Section 7910 requires each local government to establish an appropriations limit by
resolution each year at a regularly scheduled meeting. Staff reeornmends approval of the resolution
establishing an appropriations limit of $49,635,708 for Fiscal Year 3.991-92. (Director of Finance)
Minutes
June 18, 1991
Page 11
City Manager Goss recommended that Council approve the baseline budget for FY 1991/92 as well as the
appropriations limit. When the State fmaily decides what they are going to do regarding their deficits, staff
will return with appropriate proposals. He then reviewed the budget highlights, 1991/92 Wish List, and
Cotmc~ budget decisions. He requested that the $100,000 for the Computer Loan Program be included in
the approval of the budget but that it be referred back to staff for further study on how the program would
worl~ The program would not be implemented until the deta~s were worked out and brought back to
Council for approval. Staff was recommending for approval the Rohr Park Pool closure, $50,000 set aside
for a graffiti program be transferred from the Police Department to Public Works with $75,000 being set
aside from Gas Tax funds for the graffiti program. He also recommended that staff transfers on minor CIP
transfers be deleted at this time with a report back to Council at a later date.
This being the time and place as advertised, the public hearing was declared open.
Jerry Forbes, 325 Oxford Sweet #4, Chula Vista, CA, spoke in opposition of the staff recommendations. He
questioned the need for a temporary fire station in the EastLake area, a perceived lack of staffing at Station
No. 1, increases in supplies, memberships and dues, public liability and property damage. He felt there was
a duplication of efforts in the departments because they all had their own EDP equipment.
City Manager Goss responded that all departments had their own micro-computers or word processors but
the main flame was run by the Management Services Depm'hnent. A study was concluded last year and
Chula Vista was staffing at a lower level than comparable cities of the same size. He was uncertain as to
what Mr. Forbes was addressing regarding dues, but dues such as SANDAG, etc. were not increased
substantially. Staffing at Fire Station No. 1 occurred 12-13 years ago and there have bean few complaints
regarding the service levels, Funds were not available in the budget to increase staffing at this time. The
' City is moving forward with the station in EastLake because the Grovah Management Thresholds specify a
certain response time to that area of the City. The area in which the station will be built is not developed
at this time therefore a temporary facility is needed.
Martin Chase, Assistant Director of Management Services, stated staff was waiting for more information
regarding the Otay Ranch before making a definitive decision on the fire station location. The developer
will be paying in excess of $500,000. Most of those funds will be transferred to the new station.
Councilman Malcolm felt this issue could be impacted by the decisions made at the State level. It was his
understanding that the station may not open until 1992/93 if those impacts are severe.
City Manager Goss responded that it was hoped the station would open in early 1992 but if the City has to
cut back expenditures, the project could be postponed to 1992/93. The City will eventually have to deal
with the issue because of response times that would not meet the requirements of the Growth Management
Thresholds.
Mayor Nader stated that Council would then have to place restrictions on development proposals or amend
the General Plan.
Phyllis Altomare, 1160 Sundown Lane, Chula Vista, CA expressed her frustration in trying to obtain
information regarding open space districts.
Councilman Malcolm stated that Council had meet numerous times to review the budget by individual
departments. He noted that lack of participation by the public in those hearings. The Council had a
mandatory deadline in which the budget had to be approved and he felt that it was a good budget and that
staff had done a good job. The City of Chula Vista is expanding many services when other cities are not and
felt staff should be complimented. He encouraged public participation during the budget hearings next year.
Minutes
June 18, 1991
Page 12
City Manager Goss invited Mr. Forbes and Ms. Altomare to meet with his staff regarding their budget
eoncerus.
There being no further public testimony, the public hearing was declared closed.
Coune~man Rindone expressed his concerns over the computer loan program being in competition with local
businesses. He did not feel that the use of outside lending agencies should be ruled out. Therefore, he
would like to withdraw that program from the tentative budget with a complete package being brought baek
to Council in the future.
MS (Rindone/M~eohn) to delete the computer loan program from the tentative budget to be brought back
for review at a later date.
City Manager Goss responded that the details did need to be worked out but expressed eoneero that this
would send the wrong message to the employees. He recommended that it be included in the approval of
the budget and made a eornmitment that it would not be implemented until brought back to Council for
review. It is not an ongoing program of $100,000 per year but would be setting up a revolving fund.
Coune~man Malcolm did not feel this needed to be included in the budget as it was not an appropriation
of an expenditure. He felt it could be brought back anytime throughout the year and be voted upon with
only three votes.
City Attorney Boogaard responded that legally it would be construed as an appropriation regardless of the
form. The appr. opriafion by amendment would require a 4/Sth's vote.
Mayor Nader felt it was prudent to go ahead with the staff recommendation. He was not sure that he would
ultLrnately approve the program but felt the funds should be set aside with review of the program at a later
date.
VOTE ON MOTION: motion failed 2-2 with Counr~m~rl Malcolm and Mayor Nader opposed.
City Manager Goss clarified that the result of the motion was that the appropriation would be included in
the budget.
MSUC (Maleolm/Rindone) to approve Supplemental Budget Memo #25 - Graffiti Control.
Councilman Moore felt the use of volunteers was the backbone of the program. Volunteers would need
assistance and the purchase of a tra~er for the program or a 'kit' should be utilized. He questioned whether
funds were avafiable for such items.
David Byers, Assistant Public Works Director, responded that the Commiixee also felt the utilization of
volunteers was vital to the program. In the last several months the City has supplied paint, rollers, etc. to
commu:n. ity groups. Money has not been specifically set aside for a tra~er, but if needed in the future,
money would be avafiable. Through past experience a ~ailer has not been needed.
Couneilman Malcolm felt developers should be required to utilize grafflti proof paint on all decorative walls
and utility boxes. Prevention and education are key elements to the program and the burden should be
placed on the developers, ut~ities, cable companies, etc.
Mayor Nader requested an item on the next agenda which would address building standards for decorative
walls regarding anti-graffiti. He wanted assurance that the money and equipment in the report would not
Minutes
June 18, 1991
Page 13
replace the volunteer program but supplement it. He also questioned whether schools and instructors were
notified about the Request for Proposal for the mural program.
Jess Valenzuela, Dirermr of Parks and Recreation, responded that the revenues requested would supplement
the current graffiti program. Staff has contacted several art instructors regarding the mural program. When
selected, the muralist will work with students on the volunteer program.
Councilman Kindone expressed his appreciation to staff for a comprehensive report. He was also pleased
with the resourceful recommendations that did not utilize general fund monies. He informed the public that
a publication was available through the San Diego ShetilTs Department entitled 'Gangs, Groups, and Cults'.
He felt it is was a comprehensive reference of what was going on in the county and City. He also felt there
should be increased publicity on SB1977 which would suspend drivers licenses or delay issuance to those
individuals participating in graffiti in age groups of 13-21. If the graffiti situation does nor remediate itself
he hoped that the issue would be brought back before Council for discussion.
VOTE ON MOTION: approved unanimously.
City Manager Goss questioned whether there was further action to be taken on the Wish List.
Mayor Nader suggested that the Wish List be deferred until it is known what the impact will be regarding
possible State cuts in funding.
Councfiman Rindone felt strongly that the additional starfroE for the after school programs ($9,678) be
· removed from the Wish List and action taken for approval. Council had removed in excess of $50,000 from
the Parks and Recreation Department as per staff recommendations. The number one issue should be
human services and human needs and Councfi should take a pro-active stance. This would bring the
program into a three year phase-in versus a five year phase-in and urged Counc~ support of the motion.
MS (Rindone/Moore) to place the three positions for the After School Programs in the Parks and Recreation
budget ($9,678).
Councilman Malcolm expressed his concern over the possible cuts from the State and the impact upon the
City budget, He felt the City should work closely with the school district, i.e. opening the gymnasiums
during the weekends, utilizing the playground areas, and sharing the responsibility of the after school
programs. He would prefer to defer this for thirty days until State cuts were known and direct staff to work
with the school disuict.
City Manager Goss stated the staffing was also for the summer and if approved the additional staffing would
start with the beginning of the new fiscal year.
Mayor Nader stated he would reluctantly oppose the motion because no one was being turned away from
the existing programs, therefore childtens needs were not being unmet. He also felt that a cultural arts
coordinator would gets kids involved with programs curren~y not available. He was not opposed to
reviewing this at a later date.
VOTE ON MOTION: failed 2-2 with Councilman Malcolm and Mayor Nader voting no.
RESOLUTIONS 16216 AND 16217 OFFERED BY COUNCILMAN MOORE, reading of the text was waived.
City Manager Goss stated that in thirty days staff would have a better idea of the cuts from the State. At
that time Council may want to revisit the Wish List and revenue issues.
Minutes
June 18, 1991
Page 14
VOTE ON MOTION: approved unsnimously.
Mayor Nader and Councilmembers complimented the City Manager and staff on the preparation of the
budget.
Councilman Makolm updated the Council on potential legislation that the S~ate was considering that would
require local governments to freeze certain salary increases. He felt the Mayor should send a letter
expressing the City's concern over such legislation.
A. RESOLUTION 16216 APPKOVING BUDGET FOR FISCAL YEAR 1991-92
B. RESOLUTION 16217 ADOPTING AN APPROPRIATIONS LIMIT FOR FISCAL YEAR 1991-92
31. PUBLIC HEARING CONSIDERATION OF WATER CONSERVATION PLAN AND AIR QUALITY
IMPROVEMENT PLAN FOR RANClIO DEL REY SPAS H AND III; CONSIDERATION OF RANClIO DEL KEY
SECTIONAL PLANNING AREA HI DESIGN GUIDELINES; PCS-90-02: REQUEST TO SUBDIVIDE 404.9 ACRES
KNOWN AS RANCliO DEL REY SECTIONAL PLANNING AREA IH, CHUIA VISTA TRACT NUMBER 9002
LOCATED BETWEEN EAST *I-r b-l~l~l~T AND TF.I.I~GRAPH CANYON ROAD, IMMEDIATELY SOUTH OF
RANCH DEL REY SPA l, RANClIO DEL REY PARTNERSHIP - The tentative map for SPA III includes 405
acres located between *H' S~eet and Telegraph Canyon Road and immediately west of Paseo Ladero. The
project includes lotling for 1,380 dwelling units, a 26+ acre Junior High School site, a 10.8 acre park, and
a community purpose site of nearly two acres as well as 148 acres of open space. The SPA plan for this
project was app, roved in January of this year. Included in the request for approval are design guidelines,
an air quality plan, a water conservation plan, and a mitigation monitoring program. Staff recommends
Council recertify that the final EIR-89-10 for Rancho del Rey SPA [] has been prepared in compliance with
CEQA, the state CEQA guidelines, and the environmental review procedure of the City of Chula Vista; and
adopt the following resolutions. (Director of Planning) ;5~ ~/
This being the time and place as advertised, the public hearing was declared open.
Mayor Nader stated that Rancho del Rey Partnership had requested a continuation of the public hearing
until July 9, 1991.
MSUC (Malcolm/Moore) to continue the public hearing to the meeting of July 9, 1991 at 6:00 p.m.
A. RESOLUTION 16218 RECER-ni, YING THAT THE FINAL EIR-89-10 FOR RANClIO DEL REY SPA
[] HAS BEEN PREPARED IN COMPLIANCE WITH CEQA, THE STATE CEQA GUIDEIJNES AND THE
ENVIRONMENTAL REVIEW pROI~T~URES OF THE C,l'llr OF CHULA VISTA - This resolution does not require
a public hearing, but is a related item.
B. RESOLUTION 16219 APPROVING THE WATER CONSERVATION PLAN FOR RANCHO DEL REY
SPAS II AND [] WITH AMENDMENTS PER ATFACI-IMENT I
C. RESOLUTION 16220 APPROVING THE AIR QUALITY IMPROVEMENT PLAN FOR RANCHO DEL
D. RESOLUTION 16221 APPROVING THE DESIGN GUIDF-IJNES FOR RANCHO DEL REY SPA []
E. RESOLUTION 16~19. APPROVING THE TENTATIVE SUBDMSION MAP FOR RANClIO DEL REY
SPA []
Minutes
June 18, 1991
Page 15
F. RESOLUTION 16223 AMENDING THE CEQA FINDINGS FOR EIR-89-10, RANCHODELREYSpA
Ili
G. RESOLUTION 16224 AMENDING THE MInGATION MONITORING PROGRAM FOR EIR-89-10#
RANCHO DEL REY SPA Hi
32. PUBUC HEARING CONSIDERING ESTABLISHING INDUSTRIAL WA~-i-~WATER DISCHARGE
PERMIT FEES - Environmental Protection Agency CEPA) regulations mandate the inclusion of certain
induslyial waste and other provision's in the City Code. A review of various code chapters relating to
wastewater and the design, consreaction, use, permitting and funding of wastewater facilities showed the
current code to be faulted in many respects. Consequently, it was determined that the code should be
revised not only to accommodate EPA mandated revisions, but so as to upgrade the remaining portions of
the code relating to sewage and public sewage facilities. This item further involves a public hearing
concerning the establishment of industrial wastewater discharge permit fees. Staff recommends Council
place ordinance on first reading and approve the resolution. (D/rector of Public Works) ] ~/~
This being the time and place as advertised, the public hearing was declared open.
There being no public testimony, the public hearing was declared closed.
ORDNANCE 2466 pLACED ON FIRST READING AND RF. SOLUTION 16~?; OFI'~LED BY COUNCILMAN
MOORE, reading of the text was waived, passed and approved unanimously.
A. ORDINANCE 2466 ADDING CI-IAIYI'ERS 3.14 AND 3.20, AMENDING SECTION 3.16.010,
RF. PF..AI,B~G CHAFI'F.R 3.20, ~ 13 AND CHAPTERS 13.04 THROUGH 13.44'OF 'II'I1.E 13, ADDING A
NEIAr 'II'I'LE AND NEW CHAPTERS 13.02 THROUGH 13.14 TI-F. REHq, ADDING A NEW TrlLE 14 AND
RENUMBERING CHAPTERS 13.48 THROUGH 13.68 TO TIIE CHULA VISTA MUNICIPAL CODE RELATING
TO SLrWF. I~ AND WATEP,.COURSES
B. RESOLUTION 16225 A.MENDING MASTER FEE SCI--IEDUI.~ TO ~ TECHNICAL
REORGANIZATIONAI, CI-IANGES AND ~ABLISH NEW INDUSTRIAL WA~-I~w ATER DISCHARGE PERMIT
ORAL COMMUNICATIONS
a. Irene Martell, 648 Via Curvada, Chula Vista, CA, presented a written proposal to the Council
regarding Open Space Districts 5 and 9.
b. Victor k Nolan, 4368 40th Street, San Diego, CA, complimented Council and staff. He offered his
services to the City at any time even though he had moved to San Diego.
ACTION FIEMS
33. RESOLUTION 16226 ADOPTING A MODIFIED SEWER RATE FOR MULTI-FAMILY LOTS WITH
MULTIPLE WATER METERS AND AMENDING THE MASTER FEE SCHEDULE - Concerns were addressed to
Council on June 4, 1991 regarding the costs involved in connection with the sewer bills on rental property
located at 244/246 AND 248/250 *G' Street. The rental units are individually metered creating higher
monthly sewer bills than comparable multi-family properties with a single water meter.
Minutes
,lune 18, 1991
Page 16
RESOLUTION 16226 OFP'I~qF, D BY COUNCILMAN MALCOLM, reading of the text was waived, passed and
approved unanimously.
BOARD AND COMMISSION RECOMlVlENDATIONS
None submitted.
ITEMS pUIJ.RF~ FROM THE CONSENT CA1.RNDAR
Items pulled: 13, 1S, and 26. The minutes will reflect the published agenda order.
OTHER BUSINESS
34. ~i'IY MANAGERS REPORT(S)
a. A Redevelopment Ageno/meeting will be held on Thursday at 4:00 p.m. There will not be Council
meetings the next two weeks as per City Charter requirement. There will be an open forum on Thunday
at 7;00 p.m. on alcohol and drug problems. This is being sponsored by the ZYMORE Committee of which
he is the representative for the City Managers in the County.
35. MAYOIi'S REPORT(S)
a. Informed the Council that he had just been made aware this afternoon of AB 1090 (Hays) which
would limit salary increases to whatever the State gives its employees. He felt this should be addressed as
an urgeno/item.
MSUC (Nader/Malcolm) to find that the matter arose to late to notice 72 hours prior to the meeting and
that it requl~d immediate action.
Mayor Nader stated that the City currently has negotiated conlacacts with employee groups and questioned
the legality of such action.
MSUC (Nader/lVloore) the City take a position in opposition to AB 1040.
b. Review of policy regarding public safety assessment districts. It has been the policy in the past that
personnel and operating costs are taken from the general fund with capital improvements being paid for by
development. He would like staff to return with a proposal to include assessment districts and other ways,
i.e. policies requiring revenue projections to equal or exceed projected costs. 15'q.~'7
MS (Nader/Moore) to direct staff to return with a proposal regarding public safety assessment districts. The
report is to include other options.
City Manager Goss stated that staff had been directed to review revenue enhancements and that public safety
assessment districts were included. He was unable to determine staff time that would be involved with this
referral but felt that policy considerations, pro's and con's, and how it applies to new development should
be included in the report.
Minutes
June 18, 1991
Page 17
,.'
\
VOTE ON MOTION: approved unanimously,
36. COUNCIL COMMENTS
Councilman Moore
Supen, isor Leon Willjams request for creation of a San Diego County Regional Airport Authority Exploration
Committee - Should Chula Vista request representation on the committee?
MS (Malcolm/Moore) to support the creation of San Diego County Regional Airport Authority Exploration
Committee and l~plest represelltalion oI1 the commltiee for the City of Chula Vista.
AMENDMENT TO MOTION: (NaderAVloore) to support the creation of the San Diego County Regional
Airport Authority Exploration Committee on the condition that there be representation by the City of Chula
IF~sta. Approved unanimously.
ADJODRNMENT
The City Council met in closed session at 10:30 p.m. to discuss:
Pending litigation pursuant to Government Code Section 54956.9 - C_.hula Vista versus State of
California CTV
ADJOURNMENT AT 10:55 P.M. to the Regular City Council Meeting on July 9, 1991 at 6:00 p.m. in the City
Counc~ Chambers.
A Special Joint Meeting of the City Council and Redevelopment Agency convened at 10:07 p.m. and
adjourned at 10:30 p.m.
Respectfully submitled,
BEVERLY A. AUTHLET, CMC, City Clerk
~\~ ~ · (
Vicki C. Soderquist, Depu~tSity Clerk