HomeMy WebLinkAboutcc min 1991/08/13 ~.;I'IY OF CHULA VISTA
Tuesday, August 13, 1991 Councfi Chambers
6:04 p.m. Public Services Bu~ding
1. CALL THE ROLk
PRESENT: Councilmembers Grasser Honon, Moore, Rindone Carrived at 6:30 p.m.),
and Mayor Nader
ABSENT: Councilman Malcolm (attending Coastal Commission Meeting)
ALSO PRESENT: John D. Goss, CityManager; Bruce M. Boogaard, CityAttorney; and Beve~y
A. Authelet, City Clerk
2. PI~IXIE OF .AIJ-F-GIANCE TO THE FLAG. SILENT PRAYER
3. APPROVAL OF MINUTES: July 8, July 30, 1991 and August 6, 1991.
MSC (Moore/Nader) to approve the Minutes of July 8, July 30 and August 6, 1991 wkh Councilwoman
Grasser Honon abslaining on Minutes of July 8, 1~91. Mayor Nader trailed approval of Minutes until
Count*~lman Rindone arrived.
MSU (Moore/Nader) to reconsider the Minutes.
MSC (Rindone/Nader) to approve the Minutes of July 8, July 30 and August 6. 1991 with the following
amendments to the Minutes of July 8 - on the first page under first ballot Helton received I vote, and on
the second page, council took a brief break at 10:15 pm~ not 10:45. Minutes of July 8 approved 3-0-1-1
with Counalman Malcolm absent and Councilwoman Grasser Honon abstaining, Minutes ef 3uly 30
approved 4-0-1; Minutes ef August 6 approved 3-0-1-1 with Coune~lma. Rindone abstaining.
4. SPECIAL ORDERS OF THE DAY:
a. l~'OC[a{mlng Sunday, August 18, 19')1 as *Chula V'ma Public Library Day* - Mayor Nader
read and presented an official Proclamation to Rormie Bennan, President of Friends of Chula Vista Public
Library.
Ms. Berman thanked everyone and issued an invitation for all to attend the program on August 18th to
celebrate the library's 100th anniversary.
CONSENT CAI.I~NDAR
(Item pulled: 5b)
CONSENT CAW m~IDAR AS AMF2q)ED OI~I~ERED BY COUNCILMAN MOORE, reading of the text was waived,
passed and approved 3-0-2 with Councilman Malcolm and Rindone absent.
Minutes
August 13, 1991
Page 2
5. WRI-I-I~N COMMUNICATIONS:
a. Lette~ ofreslgnafion: Joel Kodicek, Youth Commission Vice Chair; and Lupe M. Jimenez,
Growth Management Commission. Staff recommends that the letters of resignation be accepted with regret
and letters of appreciation be sent to Mr. Kodicek and Ms. Jimenez. (14831 & 14832)
b. Perilion Fotest{n~ unfavorable conditions at Hilltop Park - Hilltop Park Neighborhood
Coalition, Eugene A. Otto, 83 Millan Ct., Chula Vista, CA 91910. Staff recommends that a meeting be
scheduled with the Police Department, Parks and Recreation Deparunent, and residents of the neighborhood.
Ptttled from the Consent Calendar. (14833)
:Eugene A. Otto, 83 Mfllan Ct., Chula Vista, CA, representative of Hilltop Park Neighborhood Coalition, spoke
'in opposition of staff recommendation. Mr. Otto stated that he and the coalition would like to see the hours
for the park changed to 7:00 a.m. until dusk and prohibit alcohol at the park. The hours are now 6:00 a.m.
to 10:30 p.m. The Coalition met with the Director of Parks and Recreation on July 3 and received his
response on July 6, which was unacceptable.
Joanne Carson, 57 Mfllan Ct., Chula Vista, CA, representing herself and Hilltop Park Neighborhood Coalition,
spoke in opposition to staff recommendation. Mr. Carson stated that the Council should consider closing
the park at dusk; rules or regulations should be posted; a look should be given to the homeless; and the park
should be returned to the neighborhood.
Lionel Mordecai, 78 Vallecito Way, Chula Vista, CA, member of Hilltop Park Neighborhood Coalition, spoke
in opposition of the recommendation. Mr. Mordecai stated he was concerned about the condition of the
playground equipment and the maintenance of the park.
Ben Aginiga, 66 Millan Ct., Chula Vista, CA, spoke in opposition to the recommendation. Mr. Aginiga stated
that he was concerned with the health and safety regulations in regards to dogs. There were no signs
stating the obligations of dog owners.
Mike Wilder, 43 Millan Ct., Chula Vista, CA, spoke in opposition to the recommendation. Mr. Wilder stated
that one of his concerns was the response time of the police deparunent. Possibly a foot-pattol at ~ght and
on the week-end is needed. His other concerns were the sexual activities of persons using the park,
vandalism and noise. Mr. Wilder asked if a date for a meeting had been set.
Dawn Schmid, 722 J Pl., Chula Vista, CA, member of Hilltop Park Neighborhood Coalition, spoke in
opposition to the recommendation. Ms. Schmid stated that the conditions of the park has progressively
worsened, and the graffiti is getting worse. She also felt that the park should be dosed at dusk.
William Albrektsen, 87 Millan Ct., Chula Vista, CA, member of Hilltop Park Neighborhood Coalition, spoke
in opposition to the recommendation. Mr. Albrektsen stated that he supports the previous comments.
Mayor Nader suggested that the Council take action to direct staff to develop a maintenance time table for
the park, to direct that signs be posted at the park concerning dog leash laws, and that the appropriate
ordinances be brought back for Councfl's consideration. In the meantime, a neighborhood meeting should
be set up along the lines of the staff recommendations inviting all residents of the neighborhood to meet
with Parks and Recreation and Police staff, and it be coordinated with the Mayor/Councfl's secretary so the
Mayor can also attend. The invitation should also be extended to any other members of the Council who
wants to attend.
Minutes
Au3ust 13, 1991
Page 3
City Manager Goss suggested invitations be issued to the Parks and Recreation Commission since policies
affecting all parks go through the Parks and Recreation Commission.
MS (Moore/Nader) to direct staff to review Hilltop Park and assodated parking lot and post appropriate
si_s~s and sizes as pertains to 6:00 a m to dusk hours, no alcoholic beverages, leash laws and owner dean
tip nspons~ility. Appmved 3-1-1 with C_.ollnel'lmsn Rindone opposed and COtlDi'sqrnsn }/[alcolm ableill:.
~inanCe to change the hours to dose at dusk; 2) an ordinance to ban alcohol at the park; 3) an or~llnsnce
requiring resenations and fees that could be used to provide enforceme~ (more input from the
z~d_~,h~orhood would be required on this); 4) direct staff to develop and bring beck to the Council a
mainrpnsnep schedule for the park; 5) direa imrnedia~ as dose thereto as physically possible, signage to
be posted concerning dog leash laws at the park; 6) make a referral to the Parks and Recreation Commission
and to haft concerning alcohol policy and houn at nei~hborhood parks genenlly in the City;, 7) direa staff
to coor~inste with Parks and Recreation staff, Police staff, the neiShborhood spokespeople Council heard
from tonight, the Mayors office and the Chair of the Parks and Recreation Cornrn{~ion an on-sigh1:
neighborhood meeting in which the site can be impected and nei3hbon there to offer commen~s and inut
that miSht be relevan~ to which ortl{nances the Coundl wants to adopt under which tp. nns.
Mayor Nader stated that the portion of the motion that was separated was to direct sr~f to resmrn with a
maintenance schedule for the park. The reason he offered that in his motion was that there was testimony
from several people to the effect that this has been a recurring problem over that last several years, the
problem has been brought to the attention of the Parks and Recreation staff, it was repaired momentarily
and then dilapidated again. By making this motion or referring to the testimony, the Mayor doe~ not mean
he assumes that the Parks and Recreation staff has been negligent, but to assure both the Council and the
neighborhood that there will be routine maintenance of the park it would be useful to accept the suggestion
made by one of the speakers that there be a maintenance schedule published and approved by the Council.
There is a policy that graffifi on City properly is to be eliminated as soon as it appears. This will assure the
public, Councfi, and staff that this will be handled if the maintenance schedule is accepted.
City Manager Goss stated that there is a schedule for maintaining the parks.
Mayor Nader remarked that he would then recommend that it remain as is for Councfi approval providing
that the intent of the motion is rulfilled. Direction should than be 8iven to the City Manager's office to
monitor that.
City Manager Goss stated that approving a maintenance schedule would be more of an administrative act,
selling the policies for maintenance of the park would be a policy act.
Mayor Nader stated that he thought what was being discussed was a policy matter and a schedule for
maintenance of a park was a policy that Council could set. Given the complaints, Council should set, or at
least approve, a policy for this particular park.
Councilman Moore responded that he could not support the Mayox~s motion and stated he agreed that it was
an adminisu'ative ma~er and did not want to get into scheduling of repairs and operation maintenance.
Motion rafted 1-2-1-1. Coune.'lman Moore and Rindone opposed, Councilwoman Grassmr Horton abstained.
Minutes
August 13, 1991
Page 4
Councilman Rindone stated that he thought the goal tonight was to address the immediate concern. The
reason he voted no on the 3 to 1 motion was that Mr. Moore's motion was to get at it right away and he
thought the other motion was a delay.
· Mayor Nader stated that the motion passed earlier, 3 to 1, was to direct staff to immediately post signs
concerning dog regulations, to refer the policy mattere that were raised to Parks and Recreation, to direct
staff to bring back to Council ordinances that would implement the changes in hours and alcohol
regulations, as well as for Council to consider a fee.
Councilwoman Grasser Horton suggested Council direct the Parks and Recreation Commission to look into
these issues for other parks in the area.
Mayor Nader, to clarify, stated that part of the motion was a referral to the Parks and Recreation
Commission. This should be put on the next agenda for the Parks and Recreation Commission.
Councilman Moore stated that if residents have grafflti in their neighborhood, they can call the Parks and
Recreation Director and materials will be furnished.
Mr. Otto asked that Police sit at the park while doing their repor'cs.
City Manager Goss said he would pass this on to the Police Chief.
Mayor Nader called a recess at 8:36 p.m. Council rectmvr.~ed at 8:40 pm
c. Later requesting the establishmant of a systesn of voluntary imtrois of reservists for the
business distrim - Russell Jack Taylor, President, Chula Vista TV & I=Ii-Fi Center, Inc., 695 Third Avenue,
Chula Vista, CA 91910. it is recommended that this be referred to staff for report and recommendation to
the City Council. (148.34)
6. ORDINANC~ 2473 AMENDING SUBSECTION {A) 'CRIMINAL PENALTIES* OF SECTION
9~0.050 *PENALTIES FOR VIOLATION OF CHAPTER' OF CHAPTIER 920 *PROPERTY DEltACEMENT' OF
THE MUNICIPAL CODE TO PROVIDE FOR AN ENFOR(~MENT POLICY FOR WRONGFUL DISPLAY OF
AFROSOL pAINT CONTAINERS AND FELT TIP MARKERS (second readin~ and adoption) - At the 7/23/91
Council meeting, the City Attorney was directed to prepare an enforcement policy conditioned on providing
general notice to the business community and specific notice of a violation, prior to commencement of
criminal prosecution. Staff recommends Council place ordinance on second reading and adoption. (City
Attorney) (14835)
7. ORDINANCE 2474 AMENDING SECTION 120.010 OF THE CHULA VISTA MUNICIPAL CODE
J~RLATING TO pENALTY pROVISIONS (tiPst readinz) - The Municipal Code Section 1.20.010 provides for
penalties for an infraction of up to $500. This conflicts both with State law end City Charter, both of which
limit the penalty for an infraction to $250. In order to make the Municipal Cede compatible, beth with the
Charter and State law, Section 1.20.010 should be amended. Staff recommends Council place ordinance on
first reading. (City Attorney) (14836)
Minutes
August 13, 1991
Page S
8. RESOLU'IION 16293 AUTHORIZING THE SALE OF SURPLUS PATROL VEHIc~ ~_~ TO THE u-lY
OF TL1UANA - The Municipal Code authorizes the Council to transfer or sell surplus City property to the City
of Tijuana, Tijuana has a need for patrol vehicles and has submitted an offer for twenty-one (21) surplus
patrol vehicles. Staff recommends approval of the resolution, (Director of Finance) (14837)
9.A. RESOLUTION 16294 APPROVING AG~kn~IENT WITH NATIONAL ~l-iY FOR USE OF CHULA
VISTA ANIMAL SI-IF, LTER - Chula Vista provides animal shelter services for the cities of National City and
Imperial Beach. These agreements are being renewed to continue providing this service for Fiscal Year 1991-
92. Staff recommends approval of the resolution. (Chid of Police) (14838)
B. RF. SOLUTION 16295 APPROVING AGI~-~k~IF, NT ~ IMPERIAL BEACH FOR USE OF CI-tULA
VISTA ANIMAL SHELTER - Staff recommends approval of the resolution. (Chief of Police) (14839)
10~. RESOLUTION 162~ APPROVING AMENDMENT TO AG~RRMEI~IT WITH THE CIIY OF
NATIONAL talY FOR FIRE DISPATCI-flNG SERVICES - Chula Vista currently has contracts with the cities
of National City and Imperial Beaeh to provide fire dispatehing serviees. The rates for this service are revised
each year to reflect increased salary and support costs. Staff recommends approval of the resolution. (Chief
of Police) (14840)
B. RF_SOLUTION 16297 APPROVINGAMENDMENTTOAGJ~MF, NTI~rlI-~THE~ri¥OFIMPERIAL
BEACH FOR FIRE DISPATCHING SERVICES - Staff recommends approval of the resolution. (Chief of Police)
(14841)
11. RF. SOLUTION 16298 SUPFORTING ~2iY' OF SAN DIEGO'S EFFORT TO SF_,F.,K LEGISLATIVE
REMEDIES TO AVOID CONVERTING POINT LOMA SE~rAGE TREATMENT PLANT FROM PRIMARY TO
CONVENTIONAL SECONDARY AND AGPPPmIG TO SHARE IN THE dOST - Chula Vista has been represented
on the Clean Water Governance Advisory Group (GAG) since early 1990. The City's Representative is
Counc~man Moore. The purpose is to advise the City Council of San Diego on how the participating
agencies want Metro II Cl'he Sewer Upgrade Program) to be managed, owned, and financed. The report will
give the Council a status report and make a recommendation on whether Chula Vista should approve of San
Diego seeking relief from converting Point Loma from its current treatment process of Advanced Primary
(Approximately 75% Removal of Solids) to Secondary (Approximately 85% to 90% Removal of Solids). Staff
recommends approval of the resolution. (Director of Public Works) (14842)
12.A. RESOLUTION 1629~ APPROVINGUNCONTROIJ~r~EMBANKMF,/~'TAGRF, EMF, NT FOR FILL AT
366 SURREY DRIVE - Wadie P. Deddeh and Katsumi J. Takashima have requested permission for an
uncontrolled embankment at 366 and 368 Surrey Drive. According to Seaion 15,04.285 of the Municipal
Code, all uncontrolled embankment agreements must be approved by Council prior to issuance of the
grading permit. Staff recommends approval of the resolutions. (Director of Public Works) (14843)
B. RESOLUTION 16300 APPROVINGUNCONTROIII~BF, MBANKMENTAGJ~MF. NT FOR FILL AT
368 SURREY DRIVE (14844)
END OF CONSENT CALENDAR
Minutes
August 13, 1991
Page 6
PUBUC ~GS AND P,I~.~TED RF_SOLtrI~ONS AND ORDINANCES
13. PUBUC ~G REGARDING RATE INCREAS~ RE~ FOR REFUS~ COu~-CrION
SERVlC~-~ BY LAIDLAW WA,~-t~ b~-l~.~!S, INC. - Staff recommends Council place ordinance on first reading
and approve the resolution. (Director of Finance and City Attorney) Continued from the meeting of
7/16/91. (14845)
L~n~an Christopher, Director of Finance, presented the staff report. Mr. Christopher pointed out that
representatives of Laidlaw, as well as a representative from Deloitte & Touche, were present to answer
questions.
City Manager Goss made note that the franchise fee for Imperial Beach is the same as for Escondldo. He
also stated that it is the consensus of staff that the money Laidlaw owes be paid back via a redistribution
over the next three years to the rate payers.
This being the time and place as advertised, the public hearing was declared open.
Charles H. Atchison, 784 Auburn Ave., Chula Vista, CA, spoke against any increase stating that he overpaid
for a service and felt the money should be returned to the people who had over paid.
Teresa Aland, 1433 Nation Ave., Chula Vista, CA, spoke in opposition. She asked how committed the City
Counc~ was to recycling. She stated there was still much to be considered in comprehensive waste
management and recycling and wanted to know how it will be presented.
Don Lindberg, 280 K St., Chula Vista, CA, representing Bay Cities Services, Inc. and speaking as a citizen
of Chula Vista, spoke in opposition. He questioned the idea of reimbursement on a minimal reduction, the
company he represented did not feel this to be equitable, and rate payers should be reimbursed in more of
an immediate reduction to compensate.
George Bagdesarian, 9640 Alto Dr., La Mesa, CA, representing Alto Waste Corporation, spoke in opposition.
Speaking as a landowner in Chula Vista and as a competitor, he stated he would like to see the Council
review other cities' and companies' rates and become more competitive.
There being no further public testimony, the public hearing was declared dosed.
Councilman Rindone stated that on page 13-2, 4th paragraph, it stated that the $305,000 included interest
and several months of extensive discussion and negotiations with Laidlaw and wanted to know the extent
from staff.
Lyman Christopher, Director of Finance, answered that the negotiations with Laidlaw started in February
1991, and since that time he is not sure how many meetings took place.
City Manager Goss reported that the meetings were sporadic and mainly to gain information on Laidlaw's
obligations. It had become apparent that Laidlaw had been overcharging rate payers.
Councilman Rindone asked if the $305,000 included staff time.
City Manager Goss stated that it did not.
Minutes
August 13, 1991
Page 7
Councilman Rindone stated that under Item 13-3 he thought the rate return should go back to the payers
immediately. He further questioned the interest for years 2 and 3 and wanted to know if that was included.
Lyreart Christopher, Director of Finance, stated that the over-coUections occurred over a 5-year period and
that the staff felt it should be redistributed over a 3-year period. As long as Laidlaw has funds over-
collected, there will be an interest calculated on those funds. In future years, the principal amount will be
increasing in terms of the amount to be redistributed in the 2rid and 3rd year.
Councilman Rindone questioned why staff selected option 2. He felt that a 6.9% was quite high and asked
staff what the rate increase for option 1 would be.
Lyman Christopher, Director of Finance, responded that staff only included option 1. Under option 2, taking
the $305,000 and off-setting it over a 3-year period would set the residential rate at $1 1 .20 per month versus
option 2 which sets the residential rate at $11.29.
Councilman Rindone asked staff if Laidlaw had provided operating cost documentation to ensure that
Laidlaw would not exceed 6%.
Mr. Christopher stated that Deloitte & Touche, City Auditors, did go into a lengthy evaluation of the
information provided by Laidlaw and that staff felt comfortable that the information was valid and correct.
Rate increases are based on the CPI.
Councilman Rindone asked the City Attorney if rate increases can be awarded if not validated.
City Attorney, Bruce Boogaard, answered that the ordinance was structured to entitle Laidlaw to CPl
increases each year, not to exceed 6%, to account for increases in their operating costs. Laidlaw has never
justified their rate increases. However, council has the right to request a public hearing and justification
of rate increases.
Councilman Rindone expressed that granting a monopoly to individual companies and guaranteeing they
get a CPI increase was ludicrous. In reviewing #5, under Item 134, it mentions a fiscal impact of 7%.
According to the survey that was done, only Escondido has a higher fi'anchise fee than Chula Vista. He
stated he would not recommend accepting the proposal based on staff recommendations, and also expressed
strong opposition to raising the franchise fee by 1/2%; not returning the full rate increase to tax payers; and
that validation is not required on CPI increases.
City Manager Goss pointed out that the franchise fee chart showed a dollar amount fc.~ Imperial Beach and
should actually be corrected to show 10%. Thus, there are two other cities higher tL.~n Chula Vista.
Councilman Rindone complimented the City Attorney for picking up on the over charging by Laidlaw, but
stated he did not feel it was the rate payers responsibility to have to pay staff time for that and asked why
there is no penalty to the franchiser in this case.
Councilman Moore said there is a difference between the way different cities pay their franchise fees. He
stated he had no objection to deferring this proposal for a short time. If more specific information is
required, staff should be asked to provide that information.
Mayor Nader joined Councilman Rindone in commending the City Attorney for his pan in the proposal to
provide the rate payers with reductions. He said he had heard comments to the effect that the City Attorney
was a "hard negotiator." In the past, the practice has been to grant these rate increases automatically and
~anutes
August 13, 1991
Page 8
without public hearings. He asked the City Attorney ff the franchise fee that is provided in the contract
signed in 1985 automatically passed through to the rate payera by the terms of that con=act?
City Attorney, Bruce Boogaard, stated that there is a 1/2% increase each year by virtue of Council policy set
back in 1985 until it reaches the 10% franchise fee. He confumed that fithe Counc~ opted not to increase
it by 1/2% in any given year then that amount would not be passed through to the rate payera, especially
under the language that is being proposed to amend the ordinance.
Mayor Nader asked that in regard to granting the annual CPI adjusnnent, was that a legal requirement of
the contract that was agreed to in 1985 or was that something that the Counc~ can change at any time?
Mr. Boogaard answered that it can be changed to the benefit of the City or the City's rate payera versus
Laidlaw. The Council could, ff wanted, not have the increase and that would result in lower rates; but it
is a policy decision set in place, certain budget decisions were made on the basis of it, and it should be
given careful consideration before reversing.
Mayor Nader asked ff the Councfi can change the basis by which the overall rate adjustment by ordinance?
Mr. Boogaard answered that, in his opinion, ff the public hearing process is to be given any meaning that
has been provided for in the 1985 amendment to the statute, it has to mean that the Council has the ability
to scrutinize the rate increases according to some reasonable standards and make adjusunents. There is a
precedent for that back 2 or 3 years ago when a CPl increase was actually 5 1/2%, and the Councfi reduced
the rate based on standards of economic conditions in this area to a lesser amount. It is the City Attorney's
judgeAnent that the Councfi does not have to go along with the full cost of living increase although the
mechanism was put in place to avoid the problems of having to go through extensive audits of LaidlaWs
books each time ff there was no disparity in terms of increasing the rates.
Councilman Moore asked how much the franchise fee would have to be lowered to be the same as San Diego
County?
Mr. Clu-istopher answered that he d~d not have the ability to do that calculation at the time.
City Manager Goss stated that it is not that easy, because of the d~erent rates. In addition, the discounts
provided also have to be taken into consideration.
Councilman Moore stated there is a lot of things that can be done ff the Council does not want to give
flexibility. If special things are provided, then a special fee has to be paid; do everything the same and then
the fee is the same. One of the reasons the fees for the City of Chula Vista is higher is because several
things had been added to it.
Mayor Nader stated, for clarification, there was a couple of different things being discussed: one was the
franchise fee and the other was rates the rate payera pay. Our franchise fee is actually the third highest.
Residential fees are the third highest, yet there are other cities that are higher on their commercial fees.
As was pointed out, there is a different distribution of fees among residential and commercial users; there
was a different set and range of discounts from other cities. So to actually compare the rates, by
percentages, of Chula Vista to other cities was: 1) a little misleading and doesn't take into account the
vm34ng rate structures that Chula Vista has and other cities don't; and 2) it doesn't correlate perfectly with
the franchise fees, it seems we look worse in the ranking of fi-anchise fees than in the ranking of total rates.
Minutes
August 13, 1991
Page 9
The Mayor asked staff it', under this proposal, the senior discount rates would increase along with the
others?
Stephanie Snyder, Principal Management Assistant, responded that was not the subject of any discussion,
and the senior rates are pegged to the wholesale cost of the bags themselves. There has been no indication
that the cost has gone up.
Representatives from Laidlaw were present and did not indicate that the cost of the senior rates were to be
increased.
Mayor Nader stated that, since the Council was not informed otherwise, the records should reflect that the
senior rates were not to be increased.
Councilman Rindone stated that he felt there was a need to prioritize the responsibilities of the Council.
The first responsibility was to provide adequate service to the community and the second was to ensure that
it was done most economically.
MS (Rindone/Moore) to refer this item back to staff for a study of the following six items and with a
reecanmeldalion that pendillg conclusion of the review, those six items be negotiationed with Laidlaw;.
1. That the cost of staff time to complete the renegotiations and calculation of the $305,000
also be included in that rebate.
2. Look at two options, both a two-year phase in and a three-year phase in. We have a
responsibility to get this back to the rate payers as reasonable and as timely as possible.
3. The interest delayed in either the second or third year must be an assurance to the Council
that that is also contained in the calculation so that if you go back four or five years, the
interest off the over payment we can assure the rate payer that was not an advantage for
Laidlaw and has been included.
4. Not to include the set aside $50,000 for the Waste Management Fund Program and what
the rate would be under that scenario because the Council has a responsibility to get the
rate payers overpayment back to the rate payers not to use that as an opportunity to charge
off something else down the road. If we think that this is something that is necessary, then
that is another issue at another lime.
5. Not to increase the franchise fee from 7.0% to 7.5%.
6. First responsibility of the City Council is to the consumer and the Council has to ensure that
this was not an automatic CPI increase by Laidlaw.
AMEND~ TO MOTION (Nader/Rindone) that the following item be included in the previous motion,
Motion appmved 40-1.
7. Staff include in the report to the Council the option of deferring the 7.0% franchise fee.
MSC (Nader/Moore) that the public hearing be reopened and continued to August 2/, 1991.
"' Approved 40-1 with Coul~'~msn Malcohn absent.
Minutes
August 13, 1991
Page 10
A. ORDINANCE2475 AMENDING ORDINANC~ 1993 CLARIFYING METHODOLOGY FOR
CALCULATING FUTURE RATE IN~ TO COIJ~CT AND DISPOSE OF REFUSE (first reading)
B. .RBSOLUTION 16301 APPROVING RATES FOR COIJ~CrlON AND DISPOSAL OF REFUSE
I~I'I~.~.-llVE JULY 1, 1991
ORAL COMMUNICATIONS
None
ACTION ITEMS
14. RESOLUTION 16302 MAKING A FINDING THAT INTERWEST PAUFiC, LTD. IS NOT A
RESPONSIVE BIDDER; RF. JE~;iING THE LOWEST BID; WAIVING IMMATF..qlAL DEVIATIONS IN THE
SECOND LOWEST BID; A~G TI-IE SECOND LOWEST BID; AND AWARDING THE CONTRACT FOR
'STORM DRAIN I~ROVEMF. NI~ IN SIERRA WAY FROM BROADWAY TO COLORADO AVENUE" TO
DIEIlflCH CORPORATION - The lowest bid for Alternate A, from Interwest Pacific, Ltd., is not recommended
for award of contract because it failed to comply with the City's Minority and Women Business Enterprise
Construction Program (M/WBE). The contractor, who identifies himself as Portuguese, claims that
Portuguese is considered a Hispanic minority; this is in direct contradiction to the definition of "Hispanic"
.-contained in the city's adopted policy. The second lowest bid for Alternate A, by Dietrich Corporation, is
recommended for award; the conlractor complied with the City's M/Is/BE program. The bid by Dietrich for
Alternate A is $310,974; it is $339 higher than the low bid. Staff recommends Council: 1) adopt a finding
that Interwest Pacific, Ltd. is not a responsive bidder as it failed to comply with the City's M/WBE program;
and waiving an immaterial deviations in second lowest bid of Dietrich Corporation; and 2) reject the lowest
bid for Alternate A by Interwest Pacific, Ltd., accept the second lowest bid by Dietrich Corporation as the
'lowest responsive and responsible bidder, and award the contract for "Storm Drain Improvements in Sierra
Way from Broadway to Colorado Avenue" to Dietrich Corporation in the amount of $310,974. (Director of
'Community Development) (14846)
Christopher Salomone, Director of Community Development, stated that this resolution involves the City's
adopted minority and business construction program which comes into effect any time federal funds are used
for capital projects and is clearly outlined.
David Harris, Community Development Specialist, presented the staff report. Stating the under the City's
M/WBE policy a rejected bidder is given the right to protest the City's determination before the City Council.
Sta~ did meet with the contractor to discuss the situation. The corm-actor, who identifies himself as
Pormguase, claims that Portuguese is considered a sub-group of Hispanics by some state and federal
agencies. To stairs knowledge, he is not certified by any agency as a Minority Business Enterprise. City
policy specifically excludes Portuguese from the Hispanic category. Staff also consulted with HUD (Housing
and Urban Development) officials, they do not consider Portuguese either a sub-group of Hispanics or as a
separate minority group.
As the second lowest bidder, Dietrich Corporation, did comply with the City's M/WBE policy. Therefore, staff
recommends award of the Sierra Way Storm Drain Project to Dietrich Corporation. Their bid is $310,974,
$339 more than the lowest bid. Since the bids are only good for 60 days, staff requested both low bidders
to submit bid extensions for 30 days, which they did.
Minutes
August 13, 1991
Page 11
Councilman Moore stated that the integrity of the system for selecting contractors and the unbiased
competition concept is the key in making a decision such as this, and the Staff put forth the data quite well.
The opportunity to speak by the low bidder was extended by Mayor Nader; there was no response.
Councilman Rindone remarked that under the City EngineeYs financial statement, the estimate for this
project is over $450,000 which ranked it nine out of tan and asked staff why this estimate was so far from
the norm.
Christopher Salomone, Director of Community Development, stated that the preliminary estimate was based
on historical data obtained both in-house and with consultants. Good bids were obtained. There are a lot
of contractors and bids have been lowered more recen~y. Therefore, the historical data was much higher
than the actual bid received.
RESOLIITION 16302 O~rrjXED BY COUNcilMAN MOORE, reading of the text was waived, passed and
approved 4.0-1 with Counefim~n Malcolm absefit.
BOARD AND COMMISSION RECOMMENDATIONS
None submitted.
i-i~j/,S pUI J~n FROM ~ CONSFJqT CJIJ~IDAR
Item pulled: 5b. The minutes will reflect the published agenda order.
OTHER BUSINESS
15. u-lY MANAGF, R'S REI~ORT(S)
a. City Manager Goss stated that in addition to the regularly scheduled meetings, there is also a
quarterly Councfi Tour scheduled for Saturday, September 7, 1991. Council was asked to note the
date and suggest any items the Council wants toured and viewed. Staff and residents are welcome
to attend.
16. MAYOR~j REPORT(S)
a. MSC (Nader/Grasser Honon) to reappoint Nancy Palmet to the Montgomery Planning Committee
and Diane Carpenter to the Parks and Recreation Commission. (14847 & 14848)
b. Mayor Nader stated that he had been working with staff and Congressman Cunningham's staff to
organize a trip to Washington, D.C. the week of September 9, 1991, to meet with various federal
officials in conjunction with congressional representation in regard to the Twin Forks Airport
proposal.
Minutes
August 13, 1991
Page 12
17. COUNCIL COMMENTS
Councilman Moore
a. The Crime Prevention Committee is sponsoring a city-wide Neighborhood Watch Garage Sale.
b. There are currently about 36 co~mrnlttees and commissions compared to 22 or 24 a few years ago.
It is requested that staff and at least one member of the City Council review the cost of staffing of
these commissions and that this be put on the following week's agenda. It was also pointed out that
it may not be just the cost, but also the lime involved where staff is taken away from performing
other duties. (14849)
Mayor Nader suggested that in the agenda materials, staff include an oufiine of the total amounts
for stalTmg of boards and committees.
Councilman Rindone
a. Part-time staff assistance for City Council. Cominuod from the Council meeting of 7/9/91.
Proposed to provide some additional support to the Councilmembers since Chula Vista is the second
largest city in the county. What is important to him, is to be able to have some assistance for
attendance at meetings with constituents and would like to see this move in a direction that does
not cost any new monies. Staff has made several recommendations. This is not to affect the current
staffing of the Mayor's office, but to be in addition to it, so that four councilmembers can split at
least one-fourth of one clerical staffing position. That would allow the councilmembers to have 8
to 10 hours per week of assistance for constituents input and meeting attendance. Would like to
rder this to staff to look at and then come back to the Council to review. (14850)
~ (Rindone/Nader) to direct staff to implament option #4 in the staff reporc 'to add the
equivalent oftwo more full thne staff to support the Council work effort. This could be in the form
of a M-time penon to support each member of the Councfi (the Senior Management Assistant
would still support the Mayor), or there could be two full time positions that would support the
rom,inlng four members of the Council The advantage to this option is that each Cotmeilmenber
could have their own pet,son to help support their work aftoff and to be able to indiw'dualize the
response to canVituem relations and policy development initiatives compared to the an-zest level
of suppoff.* To provide a marlmum of 8 to 10 hours for one clerical position to be split between
four councilmembers and that just~'cation be developed for eliminating various positions that are
suggested or to look at reallocations from other depamnents from ,~lelng vacant positions.
Approved 4-O-1 with Cotme,'lman Malcolm absent.
ADJOUi~IMEW~
Adjourned at ~.04 p~.
Minutes
August 13, 1991
Page 13
The City Council met in a dosed session at 9:10 p.m. to discuss:
Imminently potential litigation pursuant to Government Code Section 54856.9 - City of Chula Vista
vs. County of San Diego - Institution of litigation to enjoin the diversion of County ~ash to OTAY
landfill.
ADJOURNMENT AT 9:10 P.M. to (a closed session and thence to) an Adjourned City Council Meeting on
August 15, 1991 at 4:00 p.m. (immediately following the Redevelopment Agency Meeting) in the City
Council Chambers.
Respectfully submitted,
BEVERLY A. AUTHELET, CMC, City Clerk