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HomeMy WebLinkAboutcc min 1992/02/11 MI~ OF A REGULAR MEETING OF THE CITY OF CHULA VISTA Tuesday, February 11, 1992 Council Chambers 6:03 p.m. Public Services Building CALL TO ORDER. 1. ROLL CALL: PRESENT: Councilmembers Grasser Hor~on, Malcolm, Moore, Rindone, and Mayor Nader ALSO PRESENT: John D. Goss, City Manager; Bruce M. Boogaard, City Attorney; and Beverly k Authelet, City Clerk 2. PLEDGE OF ALLEGIANCE TO THE FLAG, SILENT PRAYER The pledge was led by Boy Scout Den 194 3. APPROVAL OFMINIYFES: None 4. SPECIAL ORDERS OF THE DAY: a. Ratification and/or Modification of City Managers Prod~m~fion of Local Emergency, Due to Point Loma 0uffall Break, Urging All Residents to Reduce Internal Water Usage Mayor Nader informed the public that the City Manager had declared a State of Emergency regarding the Point Loma Ouffall Break, Action taken included: 1) urging the citizens of the City to conserve in home water usage, 2) requesting updated effluent reports, and 3) water conservation kits were made available at all Chula Vista Fire Departments, The City of Chula Vista was part of the San Diego Metro Sewer System and he urged all citizens to cooperate, Letters were sent by the Mayor to other mayor's in the Metro System urging them to pass a shnilar Proclamation, MS (Nadex/Rindone) to ratify the City Manager's Proclamation of Local Ernezgancy, Due to ~ Point Loma Outfall Break, Urging All Residents to Reduce Internal Water Usage City Manager Goss informed Council that the quality of the water in Chula Vista Bay had not been affected as of yet. Chula Vista was part of the Metro System as well as nine or ten other cities. VOTE ON MOTION: approved unanimously. CONSENT ~AR (Items pulled: 6 and 10) BALANCE OF THE CONSENT CALENDAR WAS OFFERED BY MAYOR NADER, reading of the te~t w~ waived, passed and appreved unanimously. Councilman Malcolm abstained from voting on Item 9 due to the pro~imlty of his home to the projecL Minutes February 11, 1992 Page 2 ) S. ~rPdfll~] COMIMUblICATIONS: a. Clnlrn_~ Against the City:. Claimant No. 1 - Ms. Pamela J. Bridges, c/o Ernest M. Gross, Attorney at Law, 401 West 'A' Street, Suite 1400, San Diego, CA 92101; Claimant No. 2 - Mr. Thomas Erwin Scott, Sr. and Mr. Thomas William Scott, Jr., c/o Ronquillo & Orderica, Attorneys at Law, 3560 Fourth Avenue, San Diego, CA 92103; Claimant No. 3 - Ms. Estolia Jazo-Sandoval, c/o Milberg & DePhfllips, Attorneys at Law, 225 Broadway, Suite 1313, San Diego, CA 92101; Claimant No. 4 - Ms. Nohora M. Berual, 285 Beech Avenue, Apt. D, Chula Vista, CA 91910; and Claimant No. 5 - Benny S. Curcio, c/o Mark C. Quintana, Attorney at Law, 7817 Ivanhoe Avenue, Suite 300, La Jolla, CA 92037. It is the recommendation of the Cites claims adjustors, Carl Warren & Company and Risk Management staff that the claims be denied. 6. RESOLUTION 16494 GMNG NOTICE OF INTENTION TO GRANT A FRANCHISE FOR REFUSE COIJ.RCTION AND DISPOSAL TO BAY CITIES SERVICES, INC., FOR CHULA VISTA RI-RMENTARY SCHOOL FACILITIES - The Chula Vista Elementary School District, after an open bidding procedure, granted to its low bidder, Bay Cities Services, Inc. a three year contract to remove solid waste from its school facilities. They may not do so without having a franchise grant from the City. The ordinance granting the franchise had its first reading on 5/28/91 but at the District's request was not returned for second reading and adoption. The district has negotiated an extension of the bid and now requests that the franchise be granted. Staff recommends approval of the resolution and schedule a protest hearing for 2/25/92. (City Manager) Pulled from the Consent Calendar. Councilwoman Grasser Horton requested a clarification regarding allegations of improper business operations against Bay Cities Services, Inc. Stephanie Snyder, Senior Management Assistant, responded that on 6/4/91 Councilman Malcolm brought the allegations to the attention of the Council and staff. A report was being prepared and would be presented with the staff report at the public hearing on 2/25/92. Councilman Malcolm stated there had been some disagreement regarding this item. He had specifically asked, as listed in the staff report, for information regarding allegations of improper business operations by Bay Cities Services, Inc. Staff was asking him to set a hearing on this item prior to receiving that information. He felt it was important to have that background information as to whether they had to grant the franchise, did they want the trucks on the street, or would Laidlaw match the price of Bay Cities to the school district. He had been advised that Laidlaw would match the price, if so, why would they want extra trucks on the street. He would like to see the item continued for several weeks so staff could supply the information to Council for review. He asked the City Attorney what kind of limited franchises the City could give. MS (Malcolm/Grasser Horton) to continue Resolution 16494 for two weeks for a staff report on requested i/fformatiom Councilman Rindone stated the resolution only set the hearing for 2/25, which was two weeks. He was uncertain why there would be a need to delay the item an additional two weeks. He felt that what Council was being asked to do was not unreasonable but agreed that staff did need to provide the requested information. Councilman Malcolm stated he was not sure that he wanted to have a hearing which would grant a franchise that would increase truck traffic on the streets. There had been a legal opinion issued that had been overturned and maybe there were different rules. He wanted the information in order to determine whether he wanted to have a hearing. Minutes February 11, 1992 Page 3 Councilman Rindone stated he was unaware that Laidlaw was willing to match Bay Cities, as that information was not included in his agenda packet. He was uneon-ffortable with a discussion regarding a contract before a public hearing was held. He had no prior knowledge of information obtained by Councilman Malcolm prior to the meeting~ All information should be shared openly and discussed. It was not appropriate to conduct public business individually, Coune~man Malcolm responded that he had told staff and Council about an article in the San Diego Union about the District Attorney's investigation into Bay City Services. Staff had decided not to include that in the report. His knowledge regarding Laidlaw's willingness to match Bay City Services was the same as eight months ago. He had gone out again tonight to confirm that information. All the information he had and the staff had should have been made available in the staff report, Mayor Nader suggested that if the information presented by Councilman Malcolm was correct it would assist the Council if presented in writing. Councilman Moore questioned whether the item was time sensitive. Councilman Malcolm responded that Laidlaw was currently suppiling the service and would continue to do so. It was not an extension but a grant of a new franchise. G. Don Lindberg, 280 'K~ Street, Chula Vista, CA, Attorney for Bay City Services, stated he had been working with the City Attorney's office and Mrs. Snyder regarding the franchise, It should be recognized that the school district had approved a contract with Bay City Services that would take effective concurrently with the franchise date. He was prepared to refute any allegations; no investigation had been conducted by any public agency, but they Were saving that information, with concurrence of staff, to present at the public hearing, Laidlaw had previously stated that they had no opposition to the franchise being granted. The matter should be brought to Council at a public hearing on 2/2S/92. Approval of the resolution would only set the public hearing and there would be no commitment on the part of the Council. Mayor Nader stated that by setting the public hearing, Council would not be making a spedfie eomminnent. He could sympathize with Councilman Malcolm regarding his request for information and stated the information might affect his vote as to whether he even wanted to set a hearing. AMF_,NDlViF2~ TO MOTION: (Nader/Grasser Horton) if after all the information is compiled, it is the opinion of the City Attorney that there could be potential litigation, it would be simultaneously docketed for Closed Session. VOTE ON MOTION AS AMENDED: apprnved 4-1 with Councilman Rindone voting no. Council recessed at 8:10 p.m. and reconvened at 8:18 p.m. 7. RESOLUTION 1649S AUTHORIZINGTHEDEPARTMENTOFGENERALSERVI(ISOFIHESTATE OF CALIFORNIA TO PURCHASE VEHIC~ .~-~ ON BEHALF OF THE (a'tY OF CHULA VISTA - The fLscal year 1991/92 budget provides for the replacement of six vehicles in the Equipment Replacement Fund, The budget also provides for one vehicle to be added to the fleet from the General Fund. Resolution 6132 authorizes the City to participate in a cooperative bid with the State of California for the purchase of these vehicles, Staff recommends approval of the resolution. (Director of Finance) 8.A. RESOLUTION 16496 AMENDING FISCAL YEAR 1991/92 BUDGET AND PROVIDING FOR TI~ APPROPRIATION OF FUNDS FOR FRINGE BENEFIT INCREASES - On 1/21/92, Council approved amendments to the Memorandum of Understanding (MOU) with the Chnla Vista Employees Association Minutes February 11, 1992 Page 4 ) (CVEA) and Western Council of Engineers (WCE). The impact of the increased cost related to approval of these MOU amendments must now be appropriated. In addition, sufficient funds must also be appropriated in order to cover benefit increases for International Association of Firefighters GAFF) and Police Officers Association (POA) as well as Middle and Executive Managers and Unrepresented employees. Staff recommends approval of the resolutions. (Budget Manager) 4/5th's vote required. B. RESOLLrI'ION 16497 AMENDING THE EXECUTIVE, MIDDLE MANAGEMENT AND UNREPRF..SENTED FRINGE BENEFIT COMPENSATION RESOLUTION NUMBER 16103 FOR FISCAL YEAR 1991/92 9. RESOLUTION 16498 AUTHORIZING THE ISSUANCE, SALE AND D~Y OF VARIABLE RATE MULTI-FAMILY REFUNDING REVENUE BONDS CrERRA NOVA ASSOCIATES PROJECT) AND THE APPROVAL OF ASSOCIATED DOCUMENTS - Terra Nova Villas Apartments seeks a refunding of existing mortgage revenue bonds at lower current rates in order to lower mortgage costs. The developer/owner will provide benefits back to the project and low income tenants. Staff recommends approval of the resolution. (Director of Community Developmen0 Councilman Malcolm abstained from voting due to the proximity of his home to the project. 10. RESOLUTION 16499 APPROPRIATING$30,000FROMTHEGOLPCOURSEREVENUEPUNDFOR PEDESTRIAN BRIDGES ALONG THE GOLF COURSE JOGGING TRAIL AND DECLARING AN EMERGENCY SITUATION WAIVING THE PUBLIC BIDDING PROCK,~ -The spring and fall rains have caused considerable damage to the pedestrian bridges along the golf course jogging trail in the vicinity of the Acacia Street and the Bonita Glen drainage structures. These drainage structures carry water from upstream to the Sweetwater River Channel. Staff recommends approval of the resolution. (Director of Parks and Recreation) 4/Sth's vote required. Pulled from the Consent Calendar. Clifford Roland, 1100 Industrial Boulevard, Chula Vista, CA, stated he was surprised to learn that there was a golf course revenue fund. He disagreed with the recommendation of staff because golfers did not utilize the bridges and the money in the golf course revenue fund was generated from the golfers. He suggested that Council establish a service fee for the joggers. The jogging trail was really a perimeter road for the golf c0Hrse. Mayor Nader questioned where the funds came from that were in the golf course revenue fund. deny Foncerada, Parks Superintendent, responded that the funds were generated from the restaurant and the golf course. Mayor Nader noted that $2 million of general funds went into the restaurant. If it had only been golf user fees he would have agreed with Mr. Roland but because the restaurant was included he could support the resolution. He questioned why this was on as an emergency item for waiving the bidding process when the damage had occurred in March 1990. Mr. Foncerada responded that remedial repairs had been done on the bridges and staff had hoped to include them in the 92/93 CIP budget. Staff felt it prudent to take action now as one bridge had washed away and one had been knocked down. They had made a temporary walkway at the Acacia culvert presenting a danger due to traffic on Bonita Road. Councilman Malcolm stated part of the golf course fund was rent received from American Golf and part from the restaurant. General obligation bonds were utilized to purchase the golf come, therefore, every taxpayer in the City had helped to pay for it. He also noted that the trail was utilized as a service road for the golf Minutes February 11, 1992 Page 5 come on the south side from the maintenance shed east. It was really a dual purpose trail/road and it was a win/win situation. Councilman Rindone stated the discussion of the restaurant was a separate issue, but one that reiterated the fact that the City needed to be careful regarding long term contracts. He felt there had been some confusion due to the name of the fund as it appeared to be generated by golf fees only. Because he had been assured by staff that it did include other funding sources he could support the resolution. RESOLUTION 16499 OFFERED BY COUNCILMAN MOORE, reading of the ten was waived, passed and approved unanimously. 11. RESOLUTION 16500 ACCEFIING BIDS AND AWARDING CONTRACT TO KNOX RI.~CTRIC, INC. FOR I'RAFFIC SIGNAL MODIFICATIONS AND tIPGRADES AT VARIOUS LOCATIONS IN THE t2tY OF (~IULA VISTA - On 1/21/92, the Director of Public Works received sealed bids from six qualified electrical contractors for the modification and upgrade of eight traffic signals: "F" Street at Broadway, "E" Street at Fifth Avenue, Fourth Avenue at "C' Street, Fourth Avenue at "G" Street, Fourth Avenue at "I-P Street, *E" Street at Second Avenue, Second Avenue at "H~ Street, and First Avenue at "H' Street, all in the City of Chula Vista. The lowest bid received was $77,750 from Knox Electric, Inc. Staff recommends approval of the resolution. (Director of Public Works) * * END OF CONSENT CALENDAR * * PUBLIC HEARINGS AND BRIATED RESOLUTIONS AND ORDINANCES 12. PUBLIC HEARING 'REPORT* BY THE CI'IY ENGINEER FOR TIIE COST AND ~ ASSOCIAIED WITH THE 1911 BLOCK ACT - PHASES XIX THRU XXII CASH CONTRACT - On 1/21/92, Councfi accepted the report and authorized a public hearing on the 1911 Block Act Phases XIX thru XXII Cash Contract at various locations. After the Public Hearing it is recommended that the Councfi confirm the assessments for the properties to cover the cost of the improvement. Staff recommends Councfi accept the report and approve the resolution. (Director of Public Works) A. REPORT COUNCIL REFF_MRAL NUMBERS 2217 AND 2236 REGARDING PROPOSED ASSESSMENTS FOR 15 EAST OXFORD STREET AND 554 GLOVER AVENUE This being the time and place as advertised, the public hearing was declared open. James Humphries, 576 Glover Avenue, Chula Vista, CA, stated he was not opposed to the entire resolution, only that portion pertaining to his property. Sidewalks had been installed on his property seventeen years ago and he did not understand why he would be assessed. Clifford Swanson, City Engineer, responded that Mr. Humphries' property was not included in the resolution and would not be assessed. John Norgard, 119 First Avenue, Chula Vista, CA, stated he did not have a problem with the assessment but how it was being assessed. According to information he had received, he would be charged $475.56 interest before even being billed. He also expressed concern over the quality of work performed by Caves Construction on the project and stated there were several existing problems that had not been corrected to his satisfaction, i.e. top soil replaced was a combination of rocks and asphalt. Workers had also utilized outside water faucets from property owners without prior notification and/or approval. He urged Council to carefully review future proposals by Caves Construction. Minutes February 11, 1992 Page 6 Mr. Swanson responded that staff was unaware that problems were not corrected. They would be referred to the Construction Department and the City would try to obtain repairs from Caves Construction under the warranty period. The City had already accepted the work for that project. Mayor Nader questioned whether Mr. Norgard had a problem with the actual amount of the assessment. Mr. Norgard responded that he had been aware of the amount of the assessment. Fred Cuen, 47 E. Oxford Street, Chula Vista, CA, stated that Caves Construction had installed two driveways on his property, one was fine and the other much to steep, causing his car to drag. He also had to remove 30 yards of dirt brought onto his property because it continually washed into the street. The dirt removed was a mixture of asphalt, rocks, and concrete. It had cost him approximately $3,200 to finish the project on his property. He urged Council to review work previously completed by Caves Construction. There being no further public testimony, the public hearing was declared closed. Councilman Malcolm questioned whether staff would return with a report on what had been done and action the City would take regarding the complaints received. If the contractor had denied the request to remove the dirt from Mr. Cuen's property, the contractor should then reimburse Mr. Cuen. Mr. Swanson responded that staff would submit a report on Mr. Norgard's complaints but it would appear that Mr. Cuen had taken care of his complaint. If the Construction Department had been notified before he had moved the dirt, they would have had Caves Construction remove the dirt. Councilman Moore stated it was not the first time the Council had received complaints regarding workmanship and felt something should be done on future contracts. Poor workmanship should not be accepted, as well as, damage, lies, etc. There should be protection for the property owner against damage, unauthorized water usage, etc. and he expected to see this 'tightened up'. Councilman Malcolm stated the method of accruing interest was the same as on a home loan. The interest was being charged on what had already taken place, money was already expended and interest had accrued. Lyman Christopher, Director of Finance, responded that there was a thirty day buy-out period in which no interest would be charged. The property owner could also pay the balance of the assessment anytime during the ten year period. Councilwoman Grasser Hotton questioned how the project was inspected during construction and why the problems had not been caught at that time. Mr. Swanson responded that an inspector was assigned to every project. Regarding the issue of top soil, it could have been missed by the inspector or, it was also possible that the inspector felt it was sufficient and the property owner did not. If the property owner had contacted the City it would have been redone to their satisfaction. RESOLUTION 16501 OI'P'P, RED BY COUNCILMAN MALCOLM, reading of the text was waived. Councilman Rindone questioned what happened if a property owner moved and there was an unpaid balance on the assessment. Mr. Christopher responded that a lien would be placed on the properly. Councilwoman Grasser Horton questioned whether the 10°,6 retention had been paid to Caves Construction. Minutes February 11, 1992 Page 7 Mayor Nader requested verification from staff that the two properties would be reinspected and Council informed of the remedies. If there was a problem, he would expect staff to come back to Council for further direction. Mr. Swanson stated inspectors would be sent to the two properties and would talk to the property owners, if necessary, to do whatever was necessary to complete the projects. He believe that Caves Construction could be held responsible but was uncertain whether the final payment had been made. If the final payment had not been made, it could be held until repairs were completed. Councilman Moore felt that the 10% retention should not be paid until after the public hearing was held. Mr. Swanson informed Council that the withholding of the 10% retention could be done administratively. VOTE ON MOTION: approved unanimously. B. RESOLUTION 16501 CONFIRMING REPORT BY THE crl'Y ENGINEER ON COST OF CONSTRUCTION FOR THE 1911 BLOCK ACT - PHASES XlX THRU XXII CASH CONTRACT AND LEVYING ASSESSMENTS IN CHAFFER 27 PROCRRI'~INGS UNDER THE "IMPROVEMENT ACT OF 1911 AS AMENDED" ORAL COMMUNICATIONS a. John Kracha, 358 East Millan Street, Chula Vista, CA 91910-6314, stated the Chula Vista Planning Commission had been presented with an informational item called the 'Creation of Permanent Preserve Areas Natural Community Conservation Plan". The Planning Deparunent had been monitoring events that could lead to creation of permanent natural preserve areas within Chula Vista, the South Bay, and the County of San Diego. The federal and state governments had been petitioned by an environmental organization to list the California gnat-catcher as an endangered species. The listing would essentially halt all developments of a public nature that would impact on the bird or its habitat. The US Deparunent of Fish and Wildlife had announced its recommendation to list the California gnat-catcher as an endangered species. The State Fish and Game Board had declined to do so and had offered altemative actions, including the Natural Community Conservation Plan. If there are requirements imposed upon cities by the Federal, State, or County governments they should share the costs of such programs, He implored Council to look at the new bureaucratic scheme and ff they objected, let someone know at all levels. b. Teresa Aland, 1433 Nacion Avenue, Chula Vista, CA 91911, representing lndweller, read a statement from Recycling Today. She informed Council that she had attempted to obtain cooperation from the City for the past three years and had not received the cooperation requested. Mayor Nader informed Ms. Aland that staff had attempted to assist her and noted that she had made a presentation to the City's Resource Conservation Commission the previous night. Stephanie Shytier, Senior Management Assistant, stated a resolution of support would be brought to Council on 2/25/92, as requested by the City and County of San Diego. Staff could bring forward a report on Ms. Aland's concerns of the City's Market Development Zone application. Ms. Aland stated she was asking for a local zone designation. Mayor Nader requested that Ms. Aland put her request in writing and submit it to Council. Minutes February 11, 1992 Page 8 ACTION ITE/V[S 13. REPORT LE'I'IER REQUESTING APPROVAL OF A RESOLUTION SUPPORTING A COMMrt-r--a- TO ENACT A PATRIOTIC ALTERNATIVE TO COMMERCIAL TAKEOVER OF AMERICAN AIRCRAFT PRODUCTION AND MAI~CE - W~liam Hickey, St., San Diego Area Director, P .A.C.T., 4150 Kearny Mesa Road, San Diego, CA 92111. Continued from the 2/4/92 meeting. William J. Hickey, St., 13204 RidgedMe, Poway, CA 92064, President of the Machinist Union, Local Axillary 1125, San Diego, representing Convair Space Systems and Electronics of General Dynamics, requested that the resolution be passed. The cities of E1 Cajon, National City, and Oceanside had passed the resolution. Councilman Rindone requested an update from staff regarding action taken by the City of Long Beach regarding the resolution. Stephanie Snyder, Senior Management Assistant, informed Council that staff had contacted the Long Beach City Manager's office and had been informed that individual Councilmembers had issued separate letters of support but had not reached a consensus as a whole, it was a political decision. City Manager Goss stated it indicated that it had been before Council for awhile. It would appear they were fully aware that the union had a perspective and management had a perspective. Councilman Malcolm felt the real problem was the trade irabalance and that the resolution was a band-aid. The US should fmd alternative funding in US investors. He expressed concern that if no one rescued McDonald Douglas they might have to close down which would be devastating to everyone in Southern California. The closure of McDonnell Douglas would impact Rohr Industries and result in loss of jobs in the City. The City of Chula Vista had not spent the time or held the public hearings that the City of Long Beach had and he expressed his concern over the approval of a resolution they would not take action on. He could support a resolution as outlined by Congresswoman Boxer in hopes of finding alternative financing by US investors. As outlined, he could not support the resolution. Councilman Moore agreed that the problem was the trade imbalance and felt that was the issue that should be addressed. He was not prepared to take action tonight on a resolution that he was unaware of what the result would be. Mayor Nader felt the key issue was that Taiwan was going to buy-out 40% of McDonnell Douglas with a government backed consortium. The resolution did not call for the merger to be blocked, but called for the US government to do what Taiwan did. If US investors could not be found, then the merger with Taiwan would go forward. He would support the resolution as he felt it could impact workers at Rohr Industries. It was a reasonable statement and attempted to save and keep jobs in the US and he hoped that Council would support the resolution. RESOLUTION 16502 OI'I'ERED BY MAYOR NADER, reading of the text was waived. Councilman Rindone stated all Councilmembers had looked at the item critically due to the potential impact upon Rohr Industries. The wording of the resolution did not address the issue of the failure of the merger as much as seeking alternative funding within the US. He could support advocating alternative funding but he was still not sure why the City of Long Beach was hesitant in adopting the resolution. He felt it should be made clear that the resolution was not in support of stopping the merger if an alternative US investment could not be found. Minutes February ll, 1992 Page 9 Mayor Nader stated it was his understanding that the resolution asked to look for American alternatives to the foreign buy-out and if those alternatives were not available, the resolution did not say it would stop the buy-out from occurring. Mr. Hickey responded that was his understanding of the resolution. If the merger were completed the MD- 12 would not be made in the US but in the Pacific Rim. The Union had offered an alternative, using pension funds, to fund or buy-out McDonnell Douglas and it was refused. They did not want American money, McDonnell Douglas was essentially "selling out". Councilman Malcolm questioned whether the Union supported the merger, no matter what. Mr. Hickey responded that if an American alternative could not be found and they would not accept the Union's alternative, then they would have to go to the govemment to seek an alternative. They could not stop the merger as it had already taken place and money was received up front, all they could do was delay it in an attempt to have a larger portion of the plane built in the US. He would not support the merger and the moving of jobs out of the country. Councilman Rindone stated he could see both sides but the resolution, in the current format, did not address the real issues. MS (Rindone/Malcolm) to continue Resolurion 16502 for one week so the resolution could be redrafted to include 1) the merger should not be delayed if an alternate US investment could not be found; and 2) the merger should not be delayed if k would advel'sdy hnpact jobs in the State of California. Councilman Moore felt the resolution could be amended so that action could be taken immediately. The concept was to retain aircraft manufacturing business in the US. Mayor Nader questioned whether there was a time sensitivity. The congressional committee had already held hearings and he felt the resolution was pretty plain and felt that language could be worked out. Councilman Rindone did not feel the resolution addressed the Councirs consensus regarding the loss of jobs and keeping it American. He was not prepared to vote on the resolution for what it appeared to say. From what he was hearing, it would not be detrimental to continue this item for one week. The Council needed to look at the local interests and protect the jobs in the City. Councilman Moore questioned whether a motion to trail the item would take precedence over the motion on the floor to continue the item for one week. City Attorney Boogaard responded that the motion to continue, under Robert's Rules, would have priority. AMENDMENT: (Nader) amended by adding the following to the last clause *, without jeopardizing American jobs'. Died for lack of second. Councilwoman Grasser Horton called for the question. VOTE ON MOTION: approved 3-2 with Councilwoman Grasser Hotton and Mayor Nader voting no. 14.A. ORDINANCE 2493 AMENDING SECTION 2.66.270 OF THE MUNICIPAL CODE TO CHANGE PARK HOURS TO PROHIBIT ACTIVITIES IN PUBLIC PARKS DURING CERTAIN HOURS (fu,st readin~ - At the 1/28/92 Council meeting the Parks and Recreation Department was directed to prepare a new park hour and alcoholic beverage ordinance, specifically for the Hilltop Park area. Staff recommends Council place the ordinances on first reading, to close Hilltop Park at 9:00 p.m. in the summer and 7:00 p.m. in the winter; Minutes February 11, 1992 Page 10 and to prohibit alcoholic beverages at Hilltop Park during the same hours. (Director of Parks and Recreation) B. ORDINANCE 2494 ADDINGSECTION2.66.043TOTHEMUNICIPALCODETOPROHIBrrTHE CONSUMFI1ON AND POSSESSION OF ALCOHOLIC BEVERAGES IN PUBLIC PARKS BETWEEN CERTAIN HOURS (first reading) Mayor Nader stated the City Attorney had prepared alternate ordinances that would incorporate the findings necessary to allow them to take effect as an urgency item. Eugene A. Otto, 83 Millan Court, Chula Vista, CA, representing Hilltop Park Coalition, reviewed the steps taken by the Coalition in working with the City to resolve the problems in Hfiltop Park and the adjacent neighborhood. A dangerous condition currently existed at the park and the members of the Coalition would like to see the park closed from 7:00 p.m. to 7:00 a.m. Councilwoman Grasser Hotton stated everyone was concerned regarding the problems in the park and she had been informed that the majority of the problems were being caused due to the illegal drinking by minors. Mr. Otto responded that the problem on the weekend was the noise. Most of the evening problems were due to minors. Councilman Moore stated it was a lineal park that was very difficult to check. He had spent two hours at the park and at that time there were 110 cars and the park was full of people. He felt there should be some type of control. He requested that the ordinances be considered separately. Councilman Malcolm agreed with the staff recommendation and felt there needed to be a balance between the rights of the neighbors and the citizens utilizing the park. He questioned whether it was redundant to ban alcohol if k was already illegal to be in the park in the evening. Mayor Nader stated he understood Councilman Malcolm's comments but legally it was a matter of how seriously the law would view each offense. MS (Malcolm/Rindone) to place Ordinances 2493 and 2494 on First reading. Councilman Malcolm questioned why staff had recommended the adoption of the ordinances as emergency ordinances. He requested assurance that Counc~ was not abusing a special privilege. City Attorney Boogaard responded that an urgency ordinance was use d sparingly but staff had informed him there was strong justification. Jess Valenzuela, Director of Parks and Recreation, referred to a survey conducted from 10/90 to 10/91 which included 30 disturbance calls, 2 assault and battery, 5 malicious mischief, 1 narcotics, 4 persons down, 1 offense with arrows, 3 drunk offenses, and 17 miscellaneous calls. Councilman Malcolm stated due to the information presented he could support the urgency ordinances. He questioned whether the months listed in Ordinance 2493 were incorrect due to the changing of daylight savings time. AMENDMENT TO MOTION: (Malcolm/Rindone) to amend ordinance 2493 to state "April through Ottobee and *November ~u'ough March*. Approved unanimously. VOTE ON MOTION AS AMENDED: apprnved unanimously. Minutes February 11, 1992 Page 11 Councilman Malcolm stated it was a difficult and emotional issue and apologized to the residents that it took so long. Mayor Nader thanked staff and the Parks and Recreation Commission and hoped the actions taken would address the problems and benefit the neighborhood. Councilman Rindone stated there were 32 parks within the City and only three parks had to have special rules and regulations. It was not an easy decision as the City's basic philosophy was to keep the public parks open to the public. The residents had voiced legitimate concerns and that was why Council was willing to make that exception. He then requested that staff bring the issue of Hilltop Park back in five years for review by Council. BOARD AND COMMISSION RECOMMENDATIONS None submitted. ITEMS pLnj.F.n FROM THE CONSENT C~I.FNDAR Items pulled: 6 and 10. The minutes will reflect the published agenda order. OTHER BUSINESS 15. CITY MANAGERS REPORT(S) a. Dr. Baker from the University of California, lead person in finding new campus sites, was in Chula Vista and participated in a panel that would be broadcast on both cable stations on February 20th at 7:00 p.m. Councilman Malcolm stated Neil Morgan's column in the Union-Tribune had a very good article on Chula Vista. b. Noted the National League of Cities meeting would be on March lOth and questioned whether there would be a quorum. Councilman Malcolm stated he would be at the meeting, Mayor Nader stated he would be out-of-town. 16. MAYORS REPORT(S) a. Ratification of appointments: Design Review Committee - Alex Galchenko International Friendship ~ Gabriela Carman MSUC (Nader/Moore) m ratify the appoinUnent of Alex Galchenko to the Design Review Commltiee and Gabriela Cannan to the International Friendship Commission. b. Recommended number of alcohol outlets allowed within particular radius in C-N zones. Mayor Nader stated this had arisen in the context of an amendment to the General Plan which would allow carwashes in a C-N zone. Concern arose regarding the Texaco proposal because there were currenfiy three alcohol outlets in the area. Minutes February 11, 1992 Page 12 MS (Nade~/Moore) refer m staff to come back m Planning Commission and Counc~ the recomm~,.nded number of alcohol oufleu allowed within a certain radius in a C-N zone. Councilman Malcolm stated he would like to see a copy of the draft report before it was submitted to the Planning Commission. He hoped staff would contact the ABC regarding curren~y established regulations. Mayor Nader requested that staff also obtain the input from the Police Department regarding the recommendations. VOTE ON MOTION: approved unanimously. c. Stated he had received a letter from Mayor O'Conner questioning whether the City of Chula Vista was going to speed up CIP projects in order to stimulate the economy. He would like staff to prepare an information report for Council and if Council action was deemed approptiate, agendize the item for Council consideration. City Manager Goss stated it would be done administratively. d. Toured the flooded apartment complexes in the western part of the City. The City did contact the Red Cross to provide emergency shelter or other relief. Staff would be coming forward with a more specific report on what capital improvements might or might not address the issue in future years. Council could then weigh the potential costs and make decisions as to what action had to be taken. The report was due back to Council in two weeks. e. The City Manager had declared a State of Emergency Wednesday evening and he thanked those staff members that had come together in that effort. 17. COUNCIL COMMENTS Councilman Malcolm: a. Requiring Council Action; not addressed by Legislative Program I. AB 181 (Tanner3 Solid Waste: Liability Relief. Addresses the degree of financial responsibility that local agencies bear in cases where landtills, at which waste generated in the jurisdictions has been disposed and have become hazardous substance release sites under the state Superfund law. Recommendation: SUPPORT. MSUC (Malcolm/Nader) to support AB 181 b. Information - Addressed by Legislative Program: no Council Action required I. SB 208 (Koop) Records. Would make previously contidential legal analyses available for public review. Recommendation: OPPOSE. II. AB 2278 (Cortese) Eminent Domain: Arbitration. Entities property owners in eminent domain proceedings to require arbitration on the issue of compensation. Recommendation: OPPOSE. Minutes February 11, 1992 Page 13 Councilman Moore: a. Referred to the report to come to Council regarding drainage/flooding and requested that it address potential joint funding, owner/City, in order to expedite some of the projects. He felt this could be a win/win situation. Councilwoman Grasser Horton: a. Expressed her concern regarding the utilization of non-treated wood shingles which were allowed in the City Code. The Building and Housing Department would be coming before Council in May 1992 with revisions to the Uniform Building Code and she would like a report back at that time regarding wood shake roofs. MSUC {Grasser Horton/Malcolm) staff to bring back a repor~ on the pro's and con's of prohibiting wood shake roofs of less than Class 'C' on new construction and/or removal of 50% roof replacement or total prolu~bition of wood shake roofs. Councilman Rindone: a. Thanked the UC Task Force for the reception held for Mr. Baker as he felt it had represented Chula Vista well. b. Noted that if the flood waters had occurred at another time it could have been of major concern. He had also toured the flooded area and looked forward to receiving the staff report. ADJOURNMEaNT The Council meeting adjourned to the RDA meeting at 8:32 p.m. and reconvened at 8:35 p.m. The City Council met in a closed session at 8:35 p.m. to discuss: Pending litigation pursuant to Government Code Section 54856.9 - SR125 ADJOURNMENT AT 8:50 P.M. to the Regular City Council Meeting on February 18, 1992 at 6:00 p.m. in the City Council Chambers. A Special Redevelopment Agency meeting was held immediately following the City Council meeting. Respectfully submitted, BEVERLY A. AUTHELET, CMC, City Clerk