HomeMy WebLinkAboutcc min 1992/04/21 MINUTES OF A REGULAR MEETING OF THE
CITY OF CHULA VISTA
Tuesday, April 21, 1992 Council Chambers
6:05 p.m. Public Services Building
CALL TO ORDER
1. ROll. CALl,:
PRESENT: Councilmembers Grasser Horton, Malcolm, Moore, Rindone, and Mayor
Nader.
ALSO PRESENT: John D. Goss, City Manager; Bruce M. Boogaard, City Attomey; and Beverly
A. Authelet, City Clerk.
2. pI.RF~GE OF ,'s, IJ-F-GIANCE TO THE FLAG, SILENT PRAYER
3. APPROVAL OF MINUTES: March 26, April 7, and April 7, 1992 (City
Council/Redevelopment Agency)
Mayor Nader said that on the April 7, 1992 Council minutes should reflect changing the word 'debt' to
'deficit" and he thought the minutes should note that it was not minor, at least to an economist.
MSC (Moore/Malcolm) to approve the minutes: March 26, 1992 approved 40-0-1 with Mayor Nader
abstaining;, ,april 7, 1992, as amended, approved unanimously;, and, Apdl 7, 1991 (City
Councfi/Redevelopmant Agency), approved urmnimously.
4. SPECIAL ORDERS OF THE DAY:
a. Proclamation declaring all City flags to be flown at half-mast in mourning of the loss of geiichiro
Yamahasift, Mayor of (Mawan, Japan. Mayor Nader read the proclamation.
International Friendship Commission Chair Teri Thomas stated that on behalf of the City and the people of
Chula Vista, she sent a letter and poem, which she read, to Mayor Yamahashi's family.
b. Prochlmlng the week of April 19-25, 1992 as 'PROFESSIONAL SECRETARIES WEEK'. The
proclamation was presented by Mayor Pro Tem Malcolm to Carla Griff'm who accepted the proclamation on
behalf of the secretaries of the City of Chula Vista.
c. Prochlmlng the Week of April 12-18, 1992 as 'FAIR HOUSING WEEI~. The proclamation was
presented by Mayor Pro Tem Malcolm to Eric Money-Penny, Fair Housing Officer for the City of Chula Vista.
Mr. Money-Penny stated that they had sixteen poster awards to give out and several honorable mentions.
He presented the awards to the children who were present.
d. Prod31ming the Week ofAprH19-25 as 'F. ARTHWF-F-IC'. TheproclamationwaspresentedbyMayor
Pro Tem Malcolm to Barbara Bamburger, Environmental Resource Manager. Mayor Nader stated there were
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April 21, 1992
Page 2
Earth Day festMties being held at the Nature Interpretive Center on Saturday, 4/25/92, and at the Earth
Fair in Balboa Park.
e. Presentation by Tim Murphy of Elite Racing of a $10,000 gifir from the proceeds of the Arturo Barrlos
Invitational to the Chula Vista Public Library - On behalf of Arturo Barrios, the generous sponsors of the
race, the race committee and the more than 2,000 participants, Mr. Murphy presented the check to Mayor
Nader for the purchase of books and videos for education and personal achievement of Hispanic youth of
the City of Chula Vista. He said the Fourth Annual Arturo Bardos Invitafional was tentatively scheduled for
10/18/92 and they were hoping to again make a donation for the youth of Chula Vista from that event.
CONSENT C~T.RNDAR
(Items pulled: 12 and 15)
John Goss, City Manager, stated American Golf Corporation had requested Item 22 be removed from the
agenda and it would be brought back by staff at the appropriate time.
BALANCIi OF THE CONSENT CAt.~.NDAR, AS AMENDEl), OFFERED BY COUNCILMAN MOORE, reading of
the text was waived, passed and approved 4-1 with Mayor Nader opposed on Item 8, the remaining items
were approved unanimously.
S. WRI 1 l.l~q COIVIMIJNICATIONS: None
6. ORDINANCE 2501 /saMENDING THE RANClIO DEL REY EMPLOYIvlENT PARK DESIGN
GUIDELINES ADOPTED BY THE CITY PURSUANT TO ORDINANCE NUMBER 2244 (second reading and
adoption) - The amendment will increase the allowable wall-mounted sign area from 50 to 100 feet, the
number permitted from one facing the street to one per building side including the building side facing East
"H" Street, the sign area of wall-mounted signs to a maximum of 150 feet, and the sign area of freestanding
signs. Staff recommends Council place the ordinance on second reading and adoption. (Director of
Planning)
7. ORDINANCE 2502 AMENDINGCHAPTER2.31 OFTHEMUNICIPALCODEBRIATINGTOTHE
MOBILEHOME RENT REVIEW COMMISSION TO MAKE CERTAIN TECHNICAL CHANGES AND
CORRECTIONS (second reading and adoption) In May, 1991, when the Council recognized by ordinance the
Mobilehome Rent Review Commission, it was recommended originally to have seven members. At the last
minute, a change was made to reduce the number of voting members from seven to five. However, other
sections of the ordinance wherein reference was either made or implied that the Commission had seven
members was not corrected. The ordinance amendment proposes to correct those references. In addition,
it is the City Attomey's recommendation to amend the ordinance to require that ex-officio members have
no interest in a mobilehome park, either as a tenant, owner or manager. Staff recommends Counc~ place
the ordinance on second reading and adoption. (City Attorney)
8. ORDINANCE 2504 ADDINGSECTION2.S8.060TOTHEMUNICIPALCODEREGULATINGTHE
PAYMENT OF PREVAILING WAGES FOR CONTRACTS LET BY THE t;rtY (second reading and adoption)
The ordinance will elevate the existing policy on the payment of prevailing wage, now contained in
Resolution 12493, to the level of an ordinance, thereby clarifying that the Council is not waiving any of its
Minutes
April 21, 1992
Page 3
home rule authority granted to it by the State of California as a charter city. Staff recommends Council
place the ordinance on second reading and adoption. (City Attorney and Director of Public Works)
Mayor Nader voted no.
9. ORDINANCE 2505 AMF_.NDING SECTION 2.14.080(A) OF THE MUNI~AL CODE TO EXTEND
THE DURATION OF THE AUTHORITY OF THE (.;HY MANAGER TO PROCLAIM A STATE OF LOCAL
EMERGENCY UNTIL THE NEXT REGULARLY SCHEDULED CODNCIL MEETING (first readini~) - The
Municipal Code provides that the City Manager's proclamation of emergency is only good for seven days after
proclamation unless ratified by the Council at a meeting conducted by them. The ordinance would extend
the City Manager's authority until the next regularly scheduled Council meeting. Staff recommends Council
place the ordinance on first reading. (City Attorney)
Bruce Boogaard, City Attorney, informed Council there was a new Item 9 which proposed additional
language.
There being no objection, Mayor Nader stated the new language would be included under the Consent
Calendar.
10.A. ORDINANCE 2506 TECHNICAL CI.R~N-UP AMENDING TITLES 1, 2, 3, 5, 6, 9, 10, 12, 13, 14,
15, 17, 18, AND 19 OF THE MUNICIPAL CODE BRIATING TO FEF. S AND THE MAc-rival. FEE SCHEDULE
(first teadinE) - Phase I of a comprehensive update of the Master Fee Schedule to transfer fees from the
Municipal Code to the Fee Schedule and make several principally administrative and organizational changes
in the Municipal Code and Master Fee Schedule. Staff recommends Council place ordinance on first reading
and approve the resolution. (City Attomey and Director of Finance)
B. RESOLUTION 16579 ADOFIING AN AMENDED MAb-rF.R FEE SCHEDULE WHI(]-I REFLECTS
INCLUSION OF FEES Abl~L-I-I~D BY ORDINANCE 2506
11. RESOLUTION 16580 APPROPRIATING FUNDS FOR NON-PUBLIC LIABILITY LEGAL COSTS
(JONES INTERCABLE LAWSUIT) - During the 1991/92 budget process the City Attomey's office requested
$110,000 in connection with the special litigation costs anticipated to be incurred in connection with the
Jones Intercable litigation, among other various cases. The request was reduced by $30,000 with the
understanding that if the litigation costs exceeded the budgeted amount staff would request additional
funding. It appears that the original estimate will be required in order to pay the cost associated with this
litigation. Staff recommends approval of the resolution. 4/Sth's vote required. (City Attorney)
12. RESOLUTION 16581 ACCEPTING THE DONATION OF SEVERAL GUF...qr TOURS ABOARD THE
YACHT *OSPREY* FROM THE BALDWIN COMPANY AND DESIGNATING El'iT REPRESENTATIVES - The
Baldwin Company has offered to donate several spots aboard the Chula Vista Anlerica's Cup flagship during
the America's Cup races. These guest spots would be a donation to the City with all expenses paid by the
company. Staff recommends approval of the resolution and the City Manager designate appropriate City
officials, staff, board and commission members, and other individuals to fill the donated spots. (City
Manager) Pulled from the Consent Calendar.
Minutes
April 21, 1992
Page 4
)
Donald M. Swanson, 187 Murray St., Chula Vista, CA, representing the Chula Vista Board of Ethics, spoke
in opposition to staff recommendation. He said that if the gift from Baldwin Company was accepted, then
a lottery should be conducted.
Councilman Malcolm said any Councilmember or staff member that wished could go on the boat but it
would require them to disclose it on their fmancial disclosure statement, depending on the fair market value
of the gift.
MS (Malcolm/Moore) to File the item
Mayor Nader asked that staff f'md out the value and inform Cotmcil.
Councilman Rindone said he did not agree with filing it because he thought it was a wonderful opportunity
for the citizens of the community to participate. He thought it should be accepted and a lottery conducted
specifically for the residents of Chula Vista.
Mayor Nader responded that he would agree if Baldwin made them available to the community but that had
not been the offer. He suggested a lottery be explored if Baldwin made the donation to the City.
VOTE ON MOTION: approved unanimously.
13. RESOLUTION 16582 ACCEPTING BIDS AND AWARDING CONTRACT TO HAWTHORNE
MACHINERY COMPANY FOR THE PURCHASE OF VIBRATORY ROt J J~K/COMPACTOR - Bids were received
for the purchase of one vibratory Roller/Compactor approved in the FY 1991/92 Equipment Replacement
Budget. A 1980 model roller will be traded-in. The equipment is used by the Streets Division of Public
Works Operations. Staff recommends approval of the resolution. (Director of Finance)
14. RESOLDTI ON 16583 ACCEPTING BIDS AND AWARDING CONTRACT TO SAN DIEGO TRACTOR
FOR PURCHASE OF TRACTOR/LOADER - Bids were received for the purchase of one Tractor/Loader
approved in the FY 1991/92 Equipment Replacement budget. A 1978 Tractor/Loader will be traded-in. The
equipment is used by the Streets Division of Public Works Operations. Staff recommends approval of the
resolution. (Director of Finance)
1S. RESOLUTION 16584 ACCEPTING BIDS AND AWARDING CONTRACT FOR PURCHASE OF
TRUCKS - Bids were received for the purchase of three vehicles approved in the FY 1991/92 budget. Two
vehicles are provided for in the Equipment Replacement budget and the other one in the General Fund. The
vehicles will be used by Public Works Operations. Staff recommends approval of the resolution. (Director
of Finance) Pulled from the Consent Calendar.
Councilman Malcolm said he preferred using local businesses whenever possible. He thought because the
City received a percentage from sales tax collected they would end up actually buying it for less through
Fuller Ford even though they were not the lowest bidder. He thought they should look at more than just
the low bid and that they should bend over backwards to help Chula Vistans.
Lyman Christopher, Director of Finance, said the City did have an informal policy that staff try to take into
account the percentage of sales tax that would be returned to the City from a local vendor, which staff had
done. The problem was there were certain bid specifications required in terms of the color of the vehicle /'
and Fuller Ford did not meet the bid specifications for the color of the paint used on the Public Works vehicles.
Minutes
April 21, 1992
Page 5
Councilman Malcolm asked if staff had called Fuller Ford to inquire if they could order the fight color when
ordering the car.
Mr. Christopher responded that there was a bid requirement of a lime yellow color to match the other
vehicles. Fuller Ford's bid specified the factory color of white. Staff estimated it would cost $400 to $500
to paint the vehicles which would definitely make Fuller Ford higher than Drew Ford, even after taking into
account sales tax percentage.
Councilman Moore asked if a lime color vehicle could be bought off the line.
Mr. Christopher stated that he did not know if it could be bought off the line, that it may have to be painted
the color specified after it was manufactured.
Councilman Malcolm stated that E1 Cajon Ford offered a $700 trade-in, Drew Ford offered an $800 trade-in
and Downey Auto Center offered a $1,200 trade-in. Because Fuller Ford only offered a $300 trade-in, which
was less than half of everyone else, their actual purchase price, less sales tax was the least expensive one
to buy. He suggested staff call Fuller Ford to see what they could do regarding trade-in and color.
MS (Malcolm/Nader) to refer back to staff to look into the paint color and trade-in.
Mayor Nader suggested staff check to see if the low bidder could provide a better deal if relieved of the
requirement to paint the truck lime green, take the sales tax rebate to the City into account, and then go
with the best deal.
Councilman Rindone thought they needed to be careful not to change the rules after all the bids were known
and to be aware of any legal ramification.
VOTE ON MOTION: approved unanimously.
16. RESOLUTION 16S8S AFFIRMING THE TRIAL TRAFFIC REGULATION - PARI<ING PROHIBIYED
AT ALL TIMES ON A PORTION OF PASEO DEL REY - On 8/13/91, a trial traffic regulation establishing a
parking prohibition on a portion of Paseo del Rey was implemented pursuant to the provisions of Section
10.12.030 of the Chula Vista Municipal Code. "No Parking' signs were posted on 8/26/91. Staff
recommends approval of the resolution. (Director of Public Works)
17, RESOLUTION 16586 AFFIRMING THE TRIAL TRAFFIC REGULATION - STOP SIGNS ON LAKE
SHORE DRIVE AT ~ DRIVE- On 7/23/91, a trial traffic regulation establishing an all-way stop on
Lake Shore Drive and EastLake Drive was implemented. Staff recommends approval of the resolution.
(Director of Public Works)
18. RESOLUTION 16587 INTENTION TO VACATE TWO PUBUC SEWER EASEMFa'VI'S AT 1144
BROADWAY AND SETtING THE DATE OF THE PUBUC HEARING - The Price Company (Price Club) has
submitted a request for the vacation of a sewer easement at 1144 Broadway stating that the sewer line
within the easement has been relocated because of an addition to the building. In addition, they have
agreed to vacate another easement so that all sewers within the parcels will be privately owned and
maintained. Staff recommends approval of the resolution. (Director of Public Works)
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April 21, 1992
Page 6
\
19. RESOLUTION 16588 ORDERING THE Cfr~' ENGINEER TO PREPARE AND FIII REPORT FOR
CITY OPEN SPACE MAINTENANCE DlSrF, ICT NUMBER F. It'VF.N FOP, FISCAL YEAR (FY) 1991/92 - In order
m begin the process of levying the annual assessment for parcels within Open Space District No. 11, the City
Engineer must prepare and File an annual report. The resolution begins the process of renewal for FY
1992/93. Staff recommends approval of the resolution. (Director of Public Works)
20. RESOLLFI'ION 16589 ORDERING THE ~.2-iY ENGINEER TO PREPARE AND FILE RF2K)RTS FOR
ALL CITY OPEN SPACE MAINTENANCE DISTRICTS FOR FISCAL YEAR (FY) 1992/93 EX(IPT DISTRICT
I~,I~':VEN - In order to begin the process of levying the annual assessment for parcels within all open space
districts, the City Engineer must prepare and file an annual report for each district. The resolution begins
the process of renewal for FY 1992/93. Staff recommends approval of the resolution. (Director of Public
Works)
21. RESOLUTION 16590 AUTHORIZING THE CITY MANAGER TO BEGIN THE PROC~-~nlNGS FOR
THE FORMATION OF THE PROCTORVAI J .R'y SEWER REIMBURSEMENT DISTRICT - The Baldwin Company,
developers of Salt Creek I, are requesting that the City establish a reimbursement district to repay them for
offsite and oversized sewer mains they constructed with development of their subdivision. Staff recommends
approval of the resolution. (Director of Public Works)
22. RESOLUTION 16591 APPROVING AMERICAN GOLFS REQUEST TO SUBLEASE THE GOLF
COURSE RESTAURANT AND BAR TO PRESTIGE HOSPITALITY SERVIle5: -American Golf Corporation (AGC)
has requested permission to sublease the Golf Course Restaurant and Bar operation to Mr. Chris Champion,
President, Prestige Hospitality Services Company; in accordance with the Agreement between AGC and the
City of Chula Vista for the operation of the Golf Course Restaurant and Bar facility. Staff recommends
approval of the resolution. (Director of Parks and Recreation) Removed f~om the ageida at the request of
American Golf Corporation.
23. REPORT REQUEST BY THE FIREHOUSE CYCLING TEAM TO CONDUCT A BICY(1E
RACE ON MAY2, 1992 - The Firehouse Cycling Team from the La Jolla YMCA is requesting permission to
conduct a bicycle race (criterium) in the EastLake Business Park area on Saturday, May 2, 1992. Staff
recommends Council accept the repor~ and approve the request subject to staff conditions. (Director of Parks
and Recreation)
* * END OF CONSENT CALENDAR * *
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
24. PUBLIC I-IF~RING CONCERNING THE COMPREHENSIVE HOUSING AFFORDABILITY
STRATEGY (CHAS) - The National Affordable housing Act of 1990 requires jurisdictions to submit a
Comprehensive Housing Affordability Strategy (CHAS) to the Department of Housing and Urban
Development (HUD) in order to receive funding. Staff recommends Council accept the report and approve
the resolution. (Director of Community Development)
A. REPORT DESCRIBING THE COMPREHENSIVE HOUSING AFFORDABILFFY ~-fKATEGY ."
(CI-IAS)
Minutes
April 21, 1992
Page ~
B. RESOLIJT[ON 16592 ADOPTINGTHECOMPREHF2qSIVEHOUSINGAFFORDABILITYb-IllATEGY
(CHAS) AND FORWARDING THE (HAS TO THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
(HUD)
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.
The public hearing was declared reopened.
Judith Johnson, 580 Hillwp Drive, Chula Vista, CA 91910, representing Lutheran Social Services Project
Hand, stated they were concerned about the number of homeless reported in the CHAS. That number
reflected the census count of fourteen and they felt it was inaccurate. The concern was that the CHAS report
would be used for various reasons, including HUD. The CitS~s Planning Department also used the report m
prioritize housing needs in the community and while they had elected m give priority to Iransitional homing,
the number fourteen did not back up that priority. She suggested the CHAS be amended in some way,
stating it would be difficult to come up with an accurate number.
Alisa Rogers, Community Development Specialist, responded that it was required by the Department of
Housing and Community Development, a federal agency, that the 1990 census data be used. Staff
recognized when the data was received that fourteen was grossly under estimating the number of homeless.
Staff added into the narrative a portion stating what the original figures from the 1988 study said, the
original figures in the 1990 SANDAG study, and also added data that was provided by Southbay Community
Services. Letters received from Southbay Community Sen ices and the MAAC Project were also included in
the document. Staff realized that unless HUD was given an accurate number of homeless, the City would
suffer the consequences of that low number for several years.
Mayor Nadar asked staff if the document could be amended. He also asked staff to provide Ms. 5ohnson
with a copy of the document and stated that if she still had concerns she should contact staff.
Ms. Rogers confirmed that the document could be amended.
There being no further public testimony, the public hearing was declared closed.
Councilman Malcolm asked why the school district and water fees were not included. He thought all fees
should be included.
Ms. Rogers answered, as a requirement by HUD, that portion of the document was placed in the CHAS and
was compiled for the housing element. She did not know why it was not originally included, but stated she
would include those figures.
RESOLUTION 16592 O_H, ERED BY MAYOR NADER, reading of the text waived, passed and approved
unanimously.
25. PUBLIC HFARING PCS-91-OI: CONSIDERATION OF A TENTATIVE SUBDIVISION MAP FOR
SALT CI~RRK I CONDOMINIUMS, ChrOLA VISTA TRACT 91-01 - BALDWIN COMPANY - The applicant
proposes to subdivide 9.3 acres in the Planned Community (PC) zone into 10 multi-family lots and one open
space lot for 141 dwelling units m include low and moderate income housing. Staff recommends approval
of the resolution. (Director of Planning)
Minutes
April 21, 1992
Page 8
RESOLUTION 16593 APPROVING PCS-91.01: TENTATIVE SUBDIVISION MAP FOR SALT
I CONDOMINIUMS, CHULA VISTA TRACT 91-01 - THE BALDWIN COMPANY
Bob Leiter, Director of Planning, stated that the public hearing notice had been advertised at 7:00 p.m. and
asked that the item be nailed until that time.
This being the time and place as advertised, the public hearing was declared open. There being no publie
testimony, the public hearing was declared closed.
Mayor Nader left at 7:13 p.m.
RESOLUTION 16S93 OFFhREI) BY COUNCILMAN MALCOLM, reading of the text w~s waived, ~ and
approved 40-1 with Mayor Nader absent
ORAL COMMUNICATIONS
a. Carolyn Butler, 97 Bishop St., Chula Vista, CA 91911, expressed thanks for the extension of Bus
Route 702 and the flexible bus schedules.
b, Tom Bernard, S50 Oxford St,, Chula Vista, CA 91911, representing Teamsters Local 481, stated that
Local 481 represented the bus drivers working for American Transit Corporation (ATC). He thanked the
Mayor for taking a personal interest in some of the problems the drivers had experienced with their current
contract and the Council for investigating some of the problems that had occurred, He stated they were
concerned that American Transit was going to receive an increase in responsibility and an increase in
revenue mileage as a result of increasing the transit system routes. One of the problems they had, which
appeared in the newspapers in Chula Vista several weeks prior when they threatened to strike, had to do
with the sexual assault of one of the female drivers by a supervisor employed by American Transit
Corporation. A grievance was filed during the process of the investigation. Recently a certified letter had
been received from the company indicating that the grievance filed by the female driver had been denied.
It was denied despite the fact that there had been a witness to the incident, in their opinion, reputable proof
that an incident had happened. They were appalled at the response received from the company.
City Manager Goss understood there was arbitration offered by the company. He was unaware of the terms
and had asked for a copy of the letter from ATC or the Union so he could review the letter and see what
conditions were attached in terms of its ability to go to arbitration. The complaint had also been fried with
the Police Department as a criminal complaint and that was being independently and separately investigated.
c, Joan Wisser, 834 Lori Lane, Chula Vista, CA 91910, stated she wanted to thank everyone on behalf
of the bus riders of Chula Vista. She thought the City had done an outstanding job with a tough sitnation.
d, James Lovett, 100 Woodlawn, No. 75, Chula Vista, CA 91910, a resident of Bayscene Mobilehome
Park, stated that in December 1991 he had made an oral presentation and given a letter to the Mayor, City
Council and City Attorney requesting action concerning the violations of the provisions of Ordinance 2451
by the owner of Bayscene Mobilehome Park. He said the former Housing Coordinator had sent a letter dated
12/10/91 to the Bayscene Mobilehome Park Manager, stating that several residents had complained about
the notification of rent increases and the vacancy rent control. To the best of his knowledge that letter was
never answered by the owner or manager and the complaints were continuing. Letters were sent to the City
Attorney and the Housing Coordinator on 4/9/92 from the Bayscene Mobilehome Park residents asking the
same question, when was action going to be taken to stop the violations and the purpose and intent of the
Minutes
April 21, 1992
Page 9
ordinance enforced. He requested positive and prompt action. He also presented written communication
on the progress to purchase Bayscene Mobilehome Park by the residents.
City Attorney Boogaard stated he had referred the complaint to the proper investigative body to look into
the matter.
David Gustarson, Assistant Director of Community Development, stated staff was in the process of writing
a letter to the Richard Hall Company reminding them of the requirements under the ordinance as far as
notification was concerned. He had talked with a representative of the Richard Hall Company who indicated
there were no violations and staff was pursuing it from there.
Mayor Nader asked if staff had talked to the person being suspected of a violation to ascertain that there
was no violation.
Mr. Gustafson answered he was responding to Mr. Lovetes letter which said the park owner was not
adhering to the ordinance requirement for noticing when vacancy control issues were involved. Staff had
asked the properly owner if they were conforming with that requirement of the ordinance.
Mayor Nader asked the City Attorney if there was any other investigation going on.
City Attorney Boogaard answered not through his office.
Mayor Nader asked the City Attorney what action was needed for an investigation.
Chris Salomone, Director of Community Development, stated staff was meeting with the owners and the
consultants representing the tenants.
Mayor Nader stated that Mr. Solomone's remarks related to the acquisition. He said there had been a charge
made of a violation of a City ordinance and an investigation was directed. He asked ff that investigation
consisted of asking a person if they had violated the ordinance, being told that they had not and so it had
been concluded that they had not.
Mr. Gustafson said staff did not address a specific charge in the investigation. Mr. Lovett recently sent a
letter saying that, in general, the manager of the park was not conforming with the noticing requirements.
The communication staff had with the park owner was generic in asking whether the park owner and
manager were aware of the policy requirements and whether they were notifying people accordingly.
City Attorney Boogaard suggested referring the matter back to his office so he could coordinate with
Community Development in investigating the charges.
MS (NaderAVlaleohn) Mr. Lovetfs comments be referred to the City Altorney's office to investigate whether
violations of the City's ordinance has occurred by Bayscane Mobfie, home Park,
City Attorney Boogaard stated that a more complete statement would be taken from Mr. Lovett as to
allocations. He would start there for the basis of the investigation and determine how far it should go.
Councilman Malcolm suggested that if the complaint was that residents were not receiving notices, then
maybe staff should send a copy of whatever Mr. Lovett said they had not received to those residents that Mr.
Lovett had provided space numbers for, rather than conducting an investigation.
Minutes
April 21, 1992
Page 10
/
Councilman Rindone suggested there be a staff referral to review the situation and then it would either lead
to a report, sending out the information and/or an investigation.
City Manager Goss suggested that the motion be referred to staff and then staff could consult with the City
Attorney's office.
SUBSTITUTE MOTION: (Nader/Malcolm) Mr. Lovetfs COmmants be referred to the City Managers office
to investigate whether violations of the Cites ordinance has occurred by Bayscane Mobilehome Park. Passed
u~animously.
e. Robert Gunthorp, 789 Energy Way, Chula Vista, CA 93.93,:1, asked what the progress was on the
traffic light for Otay Valley Road and 1-805.
Cliff Swanson, Deputy Director of Public Works, answered that staff had been working with CalTrans on the
process. CalTrans had required that before approval was received to install a signal that the City go through
a full project study. That project study had finally received preliminary approval by CalTrans. Included in
that was CalTraus requirement that the intersection off ramp be widened.
Councilman Moore asked if the City would be reimbursed.
Mr. Swanson responded that a letter had been received indicating CalTrans would pay 50% of the
installation costs. He said the project should be completed by the end of the current calendar year.
ACTION I~
26.A. REPORT CHULAVISTATRANSIT(CVT) SERVICECHANGESFORFISCALYEAR(FY)
1992/93 - The report presents proposed CVT service changes for FY 1992/93. Staff recommends Council
accept the report and recommend to the Scoot Board that they approve the proposed CVT senrice for FY
1992/93. (Director of Public Works)
B. RESOLUTION 16594 AUTHORIZING SCOOT SUBMISSION OF FISCAL YEAR (flY) 1992/93
TRANSPORTATION DEVELOPMENT ACT CIDA) ARTICLE 4.0 CLAIM - The Scoot claim for FY 1992/93 is
$5,769,000 consisting of $5,669,775 claimed against the City of Chula Vista's apportionment and $99,225
claimed against the County of San Diego's apportionment. Staff recommends approval of the resolution.
(Director of Public Works)
C. RESOLUTION 16595 APPROVINGAG]~F:EW,'IE-NFf'VV'ITHSCOOTFOR'II~s,lqSITSEP,-VICEINFISC'AL
YEAR (FY) 1992,/93 - The agreement specifies transit senrice be provided by Scoot in the City of Chula Vista
for FY 3,992/93. Staff recommends approval of the resolution. (Director of Public Works)
Mabel Rabe, 3.3,98 Alpine Ave., Chula Vista, CA 9:1913., spoke in favor of staff recommendation.
Anne Fabrick, 1065 Granjas Rd., No. 165, Chula Vista, CA, spoke in favor of staff recommendation.
RESOLUTIONS 16594 AND 16595 OFI, ERED BY COUNCILMAN MALCOLM, reading of the text was waived,
passed and approved unanimously.
Minutes
April 21, 1992
Page 11
27.A. RESOLUTION 16596 APPROVING SUBMISSION OF FISCAL YEAR (FY) 1992/93
TRANSPORTATION DEVELOPMENT ACT (TDA) ARTIC~J/. 4.5 AND PROPO~flION A (IAIM FOR
HANDYTRAMS OPERATION - The FY 1992/93 claim consists of $225,600 in TDA Article 4.5 funds and
$21,560 in Proposition A funds. Staff recommends approval of the resolution. (Direcwr of Public Works)
B. RESOLL1YION 16597 APPROVING SECOND AMF2qD~ TO AGBF-P-MENT W/TH DAVi~
TRANSPORTATION SERVICE, INC. FOR HANDYTRANS OPERATION - The second amendment extends
Handytrans service provided by DAVE Transportation Services, Inc. for FY 1992/93. Staff recommends
approval of the resolution. (Director of Public Works)
RESOLUTIONS 16596 AND 16597 OFFI~ED BY COUNCILMAN MALCOLM, reading of the te,~ was waived,
passed and approved 4-0-1 with Mayor Nader absenL
28. REPORT PCM-92-14: ALCOHOL SALES FACILITIES IN NEIGHBORHOOD
COMMERCIAL (C-N) ZONES - On 2/11/92, Council directed the Planning Deparunent, with assistance from
the Police Department and input from the State Department of.alcoholic Beverage Control (ABC), to prepare
a report and recommendation on the number of alcohol sales facilities that should be allowed within a C-N
zone. Some concem has also been expressed with concurrent sales of gasoline and alcohol, particularly
within a C-N zone. The report addresses both issues. Staff recommends Council not adopt any local
standards with respect to the concentration or concurrent sales of alcohol, but continue to rely on the State
Departanent of Alcoholic Beverage Control process to regulate the establishment of alcohol sales facilities
in the C-N zone. CDirector of Planning)
Mayor Nader returned at 7:16 p.m.
MOTION: CNader) to forward the item to the Planning Commit.lion for review and recomrtlelldation.
Motion died for lack of second.
Councilman Malcolm stated he had some problems with too many alcoholic beverage sale locations. He
thought a more proper procedure might be for Council to receive a copy of a new application in their
Council packet so they would have a chance to review it to determine whether or not any action should be
taken. He would rather see an ordinance that would allow Council to deny gas stations or additional fast
senrice stores from locating where there were already too many, if Council deemed it appropriate.
Mayor Nader stated that at the minimum, he would want input from the Police Deparunent.
Councilman Malcolm responded that the Police Department and Adminisa'ation were already involved.
Councilman Rindone said he had a concern with the proposal because that was getting the policy making
function of the Council into the administration of the City. He thought what they should do was set policy
but not place themselves where they were administratively reviewing certain segments of the City when it
reached a certain threshold. He said it needed to be established by policy and reported to Council by staff.
Councilman Malcolm pointed out that he was just referring to the C-N zone.
Councilwoman Grasser Hotton felt that the staff report pretty much addressed Council's concerns.
Councilman Malcolm responded that he did nor want to wait until the surrounding neighborhood had a
problem, but to look into the future and be proactive versus reactive.
Minutes
April 21, 1992
Page 12
MSLIC (Nader/Malcolm) to refer to staff to develop an ordinance to bring before Council for hearing and
consideration which would provide that when there is an application to sell alcohol in C4q zone, it would
be subject to approval of the City and specifically of the Police Department and that such approvah would
be placed on the Consent Calendar of the following City Council meeting.
29. RESOLUTION 16598 AMENDING THE COUNCiL POLICY ON SE'~rER SERVICE TO PROPERTY
NOT VffrHIN THE CrlY BOUNDARY - Council Policy 570-02 was created to allow County residents near
existing City sewers who were not contiguous to the City boundary and, thus not able to annex, to connect
to City sewers. The policy states that any County resident wishing sewer service from a City sewer main
must enter into an agreement with the City to not sign a written protest petition, or otherwise file a formal
written or oral protest of annexation at the Conducting Authority level of annexation proceedings. In a
previous action, a resident of E1 Rancho Vista that had requested annexation and sewer service was denied
that service because the area opposed annexation. Staff has received several requests for sewer service from
county residents and, in light of the policy and past actions, believe that the policy needs to be reviewed.
Staff recommends approval of the resolution. (Director of Public Works)
Councilwoman Grasser Hotton stated she had a conflict of interest because she owned property contiguous
to the City.
City Attorney Boogaard stated he had circulated, at Councilman Rindone's request, a modification which was
before Council. The primary purpose of the modification was to redefine the definition of first annex to
mean the completion of an annexation proceeding unless the City entered into an agreement by which the
City agreed to file and prosecute diligently an annexation proceeding but that if the annexation failed there
would be a disconnect provision which would give the Council authority on six month notice to disconnect
the sewer.
Mayor Nader thought final consideration should be put off to allow Council time to look at the new
document.
Councilman Rindone thought Council had a responsibility to all of the citizens living within the boundaries
of Chula Vista, who were annexed to the City, who relied upon the City for all their services, and not just
those who may attempt to 'cherry-pick' the services they needed and not become annexed to the City.
Raul Flores, Jr., 261 Elm Ave., Imperial Beach, CA, spoke in opposition to staff recommendation.
Warren Oakland, 4201 Bonita Rd., No. 242, Bonita, CA 91902, spoke in opposition to staff recommendation.
Saxon J. Wraith, 4345 Acacia, Bonita, CA 91902, spoke in opposition to staff recommendation.
Councilman Malcolm said he did not like the policy and thought that people should be allowed to annex
if they paid a fee. He said there were good reasons to get people off septic tanks and onto a sewer system.
Councilman Moore thought ff people wanted to connect to the CiLys sewers there should be two levels of
fees and once they annexed to the City, then they could convert to the normal fee.
MSC {Nader/Moore) to trail the item to 5/19/92, approved 4-0-0-1 with Councilwoman Grasser Horton
Minutes
April 21, 1992
Page 13
30.A. ORDINANCE 2507 REPEALING EXISTING CHAFFER 15.20 OF THE MUNICIPAL CODE AND
ADOPTING A NEW CHAFFEK 15.20 OF THE MUNICIPAL CODE RELATING TO THE ADOPT[ON OF THE
UNIFORM BUILDING CODE, 1991 ADDITION (first reading) - The Board of Appeals and Advisors at their
3/23/92 meeting unanimously approved the recommended adoption of the 1991 Edition, Uniform Building
Code. Staff recommends Council place the ordinance on FLrst reading. (Director of Building and Housing)
B. ORDINANCE 2508 REPEAL[NG EXISTING CHAFFER 15.28 OF THE MUNICIPAL CODE AND
ADOFlING A NEW CHAPTER 15.28 OF THE MUNICIPAL CODE RELATING TO THE ADOPTION OF THE
UNIFORM PLUMBING CODE, 1991 EDITION (first reading) - The Board of Appeals and Advisors at their
3/23/92 meeting unanimously approved the recommended adoption of the 1991 Edition, Uniform Plumbing
Code. Staff recommends Council place the ordinance on first reading. (Director of Building and Housing)
C. ORDINANCE 2509 REPEALING EXISTING CHAPTER 15.16 OF ~ MUNICIPAL CODE AND
ADOPTING A NEW CHAPTER 15.16 OF THE MUNICIPAL CODE RELATING TO THE ADOPTION OF THE
UNIFORM MECHANICAL CODE, 1991 EDITION (first reading) - The Board of Appeals and Advisors at their
3/23/92 meeting unanimously approved the recommended adoption of the 1991 Edition, Uniform
Mechanical Code. Staff recommends Council place the ordinance on first reading. (Director of Building and
Housing)
D. ORDINANCE 2510 REPEALING EXISTING CHAPTER 15.20 OF THE MUNICIPAL CODE AND
ADOPTING A NEW CHAPTER 15.20 OF THE MUNICIPAL CODE RELATING TO THE ADOPTION OF THE
UNIFORM HOUSING CODE, 1991 EDITION (first reading) - The Board of Appeals and Advisors at their
3/23/92 meeting unanimously approved the recommended adoption of the 1991 Edition, Uniform Housing
Code. Staff recommends Council place the ordinance on first reading. (Director of Building and Housing)
ORDINANCES 2507, 2508, 2509 AND 2510 PLACED ON FIRST READING BY COUNCILMAN MOORE,
reading of the text was waived.
Mayor Nader asked if the ordinances were adopted if it would preclude any modification of building
standards by the City for any particular period of time.
Ken Larson, Director of Building and Housing, responded that the action taken that evening was to put the
ordinances on f'ust reading. The second reading would follow two subsequent ten day public hearing notices
which would then be heard on 5/19/92. Even after the second reading and adoption, it would not preclude
any modification and amendments could be made.
VOTE ON ORDINANCES: approved unanimously.
31.A. RESOLL1TION 16599 CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT AND
ADDENDUM THERETO ON THE OTAY V,~I .LKy ROAD WIDENING PROJECT (EIR 89-01 ) - Council's actions
would certify the Final EIR and also represent an initial step in the assessment district proceedings for the
proposed improvement of Otay Valley Road from 1-805 to the easterly City boundary. One of the actions is
to set the public hearing on the assessment district for 5/26/92 at which time public testimony will be taken
on the proposed assessment district. Staff recommends approval of the resolutions. (Director of Public
Works)
B. RESOLLrrION 16600 ADOPTING MAP SHOWING AMENDED BOUNDARIES OF ~
DISTRICT NUMBER 90-2 (OTAY VAI.I~k~Y ROAD)
Minutes
April 21, 1992
Page 14 . ~
C. RESOLUTION 16601 DECLARING I~ON TO ORDER THE INSTALLATION OF CERTAIN
IMPROVEMENTS IN A PROPOSED ASSESSMENT DI~-iK[CT; DECLARING THE WORK TO BE OF MORE
THAN LOCAL OR ORDINARY BENEFIT; D~BING THE DISTRICT TO BE ASSESSED TO PAY ~ COSTS
AND EXPENSES TI-IF_d!EOF; AND PROVIDING FOR THE ISSUANCE OF BONDS FOR ASSF. SSMENT DISTRICT
NUMBER 902 (OTAY VAI.I.k'Y ROAD)
D. RESOLUTION 16602 PASSING ON THE 'REPORT' OF THE ENGINF. F.R, GMNG PI~I~IJMINARY
APPROVAL, AND SEI,ING A TIME AND PLACE FOR THE PUBLIC HEARING IN ASSESSMENT DISTRICT
NUMBER 90-2 (OTAY VAIJ.k'Y ROAD)
William Schwartz, 401 "B~ St., San Diego, representing Charles Siroonian and Charles Pratty, propen'y
owners within the area of the proposed assessment district, stated that he was concerned that the procedure
for certification of the Environmental Impact Report (EIR) did not include a noticed public hearing. In fact,
the notice the City sent to them specifically indicated that it was not a public hearing on the assessment
proceeding. While that was technically correct, he believed it tended somewhat to denigrate the importance
of the environmental process which was the Civ/s final administrative action on the EIR. He believed that
since the EIR was connected to the assessment proceeding itself, and that the City was going to be
conducting a public hearing on the assessment proceeding within a month, that the City should defer any
action on the EIR to allow as much public information and comment to be made as possible. He said it
seemed unusual that the CiV/was completing the environmental review procedure before initiating the
assessment proceeding. He thought the EIR had followed a track that was different from the assessment
proceedings and that most of the work on the EIR had been done some time ago. He believed that the age
and the concerns raised with regard to the EIR rendered it in a position where it was suspect and believed
it was incumbent upon the City, as the lead agency in the EIR, to direct staff, or the preparer of the
document, to go back and take whatever steps were necessary to update the document and to make sure
that it was relevant to what was happening at present. Action then by Council to certify the document
would commence a thirty-day process under which some challenge of the document would take place. He
said it would be unfortunate if that occurred before the City had the public hearing on the assessment
proceeding.
Councilman Malcolm stated it was not a public hearing, but the City had sent out notices. Notices went to
all the property owners in the area even though the City was not required by law to do that. He said that
showed Council's willingness to make sure that they had public comment. He thought the document was
relevant and that it was up to date.
City Attorney Boogaard stated that as a result of the comments raised, he wanted some evidence placed in
the record. He said the cumulative impact issue was fully presented in the final EIR. With regard to the
age of the report and some of the biological and geological data being stale, he called upon Diana
Richardson, Environmental Facilitator, to respond.
Ms. Richardson said that even though two years had passed, the information in the EIR was still relevant.
The conclusions had not changed based on the information. There had been recent studies in the project
area for other projects that staff was well aware of. One of those reports was prepared by Pacific Southwest
Biological Services, Otay River Valley Resource Enhancement Plan, October 1991, which went out and did
a re-survey and documented the same species that were documented in the EIR. Also in August 1990, ReCon
prepared an EIR on the water reclamation facility in the area along Otay Valley Road. ReCon's biological
report also documented the same resources that were in the EIR. Nothing biologically had changed
substantially and staff would not bring before Council an EIR that staff felt was outdated. Staff had '~
prepared an addendum on the one change they thought was relevant and that was the clarification on the
assessment district that implemented the project. Other than that, staff had not found any changes that
Minutes
April 21, 1992
Page 15
created an outdated report. Staff had contacted Christine Keller, the person who prepared the EIR, and she
stated that regarding the rest of the issues, nothing had changed substantially.
City Attorney Boogaard asked Ms. Richardson if the addendure she referred to was the same addendum that
was referred to in Resolution 16599, on page 31A-3, as being part of, and incorporated in, the final impact
report.
Ms. Richardson eonfn'med that it was.
City Attorney Boogaard said that in regard to the public hearing, the California Environmental Quality Act
(CEQA) provided for public input and a public review period which was granted. The certification
proceeding by Council was simply a determination that the report complied with CEQA guidelines. It was
not required by CEQA to be a public hearing, staff did not proposed it as a public hearing and when the
matter returned for the public hearing on the assessment district, staff propose that the certification, ff it
were to occur at that time, would not be part of that public hearing either. He said staff granted as much
public input at those meetings as according to the Council's policy. He also pointed out that staff was
proposing a reimbursement district to help reallocate some of the burden of the assessment district between
more intense uses that come on in the future.
Mayor Nader said staff indicated that 'no noise mitigation is proposed for residential uses on the hill because
the noise from Otay Valley Road traffic will not result in noise levels exceeding community standards in
those areas." He said he was concerned with the phrase 'community standards in those areas' and asked
for that to be explained.
Ms. Richardson responded that it meant it did not exceed the 65 decibels that was discretional for significant
impact and if it were to exceed that, then the inside noise level could be mitigated to the 45 decibels level.
Mayor Nader asked if mitigation to 45 decibels would be desirable then why allow it to go to 65 decibels
in the first place.
Ms. Richardson answered that 65 decibels was allowed in the exterior and 45 decibels in the interior.
Mayor Nader said he was concerned with that when other land uses created 65 decibels in other areas. He
wondered if there was some action that could be taken to ensure that it would not go that high.
Ms. Richardson responded that the EIR did not need to create any action in mitigation because it did not
indicate a significant impact, She said 6S decibels was the threshold,
RESOLUTIONS 16599, 16600, 16601 AND 16602 OFFERED BY COUN~ MALCOLM, reading of the
text was waived.
Mayor Nader said that approval of the EIR did not in any way constitute the approval of the proposed
assessment district or the proposed spread of assessments, that would be the subject of a future public
hearing.
Ms. Richardson said that with existing traffic, plus future traffic, existing noise levels were 64 decibels and
they expected a 5 decibels increase, or up to 69 decibels. One of the mitigation measures required a noise
wall constructed along the portion of the project where that would occur.
Mayor Nader asked if it was 64 decibels at present and ff staff was confident that it would result in
improvement over the existing situation.
Minutes
April 21, 1992
Ms. Richardson answered yes.
Mayor Nader asked the City Attorney if that could be incorporated into the record.
City Attorney Boogaard answered that it would be by virtue of the fact that it was discussed.
VOTE ON RESOLUTIONS: approved unanimously.
Ms. Richardson advised Council that when the assessment district was approved, since that was the
implementing mechanism for the project, then the Notice of Determination would be filed.
City Attorney Boogaard said the thirty-day statute would not start until the Notice of Determination was filed
and the Notice of Determination could not be filed until there was project approval under CEQk The
current action was certification of the EIR, not project approval,
32. RESOLUTION 16603 AUTHORIZING TRANSFER OF FUNDS FROM TRUNK SEWER RF_SERVE
FUND (FUND ~) AND APPROVING ADDITIONAL APPROPRIATIONS INTO THE SEWER BUDGET FROM
THE MONTGOMERY SEWER SERVICE REVENUE FUND Cb'UND 223) AND THE SEWER SERVICE REVF24UE
FUND (FUND 225) - The City of San Diego recen~y reviewed the requirements for financing the Clean Water
Program (CWP) Capital Improvements and determined that all the agencies participating in the Metropolitan
Sewage System should be billed for the Fiesta Island Replacement Program (FIRP), State Ocean Plan (SOP),
and Clean Water Program (CWP) administrative costs. This increased the billings to the City and will also
increase our payments to the Spring Valley Sanitation District for FY 1991/92. Due to these increased costs
and increased billing charges from Sweetwater Authority and Otay Water District, it is necessary to
appropriate into the sewer budget the additional amounts of $232,030 and $1,224, S37 from Funds 223 and
225, respectively. Staff recommends approval of the resolution. 4/Sth's vote required. (Director of Public
Works)
RESOLUTION 16603 OFFFA1ED BY MAYOR NADER, reading of the text was waived: passed and approved
unanimously.
33. REPORT PROSPECTIVE ENROLLMENT IN THE CALIFORNIA NATUP, AL
COMMUNITIES CONSERVATION PROGRAM - Planning Department staff has been working with County
Planning Depa~uent staff, several area property owners and the California State Resources Agency to
prepare enrollment in the State's Natural Communities Conservation Program (NCCP). The NCCP is
intended to provide for comprehensive natural preserve areas to protect threatened plant and animal species.
The State has indicated their wish that Chula Vista enroll in this program prior to 5/1/92. Staff
recommends Council accept the report and direct staff to enroll the City of Chula Vista into a South County
NCCP along with the County of San Diego and numerous property owners in the South County area.
(Director of Planning)
MS (Rindone/Malcolm) to accept the report,
Rikki Alberson, 11975 El Camino Real, San Diego, CA 92130, representing the Baldwin Company, spoke in
favor of the staff recommendation.
VOTE ON MOTION: apprnved unanimously.
Minutes
April 21, 1992
Page 17
34. REPORT STATUS OF ITION MOBIl.F-HOME PARK EFFORT - Council directed
staff to provide a report on the starts of the effort to provide a Relocation Mobilehome Park for residents
of Chuia Vista who might be displaced by closure of mobilehome parks in which they reside. The report
covers the need for such a park, the background of the Citys efforts to date and analysis of possible sites
for a Relocation Mobilehome Park, and alternate forms of assistance to mobilehome park displaces. Staff
recommends Council accept the report. (Director of Community Development)
Chris Salomone, Director of Community Development, presented the staff report.
The following residents of Palomar Trailer Park, 568 Palomar St., Chula Vista, CA, expressed their concerns
that the park owner was forcing them out; washers and dryers had been removed; heavy equipment had
been brought in and the digging out of trailer spaces had begun; they had been unable to fred a place to
relocate; and they were not receiving rent receipts, only receipts for utilities.
Antonio Arre (Space 11)
Jose Antonio Felix
Addy Arce (Space 11)
Emma Perez (Space 78)
The following residents of Twin Palms Trailer Park, 1689 Broadway, Chula Vista, C_A, expressed their concern
about the owner abiding with the ordinance; they were not receiving rent receipts; and suggested that the
owner purchase their trailers at a just price.
Jose Aguirre (Space 38)
Rosa Alvarez (Space 35)
Rene Alvafez (Space 35)
Mayor Nader stated that if the park owners were only collecting payment on utilities that Council could not
force them to collect rent. He said that the issue of trailer park closures was not in front of Counc~ at the
time. Before a trailer park could close, the Director of Community Development had to approve the closure
and as yet, he had not approved the closure of either of those trailer parks. If at some time in the future
such a closure was approved, the residents would then have a right to appeal through Council. He stated
that what was before Council was the question of what would be appropriate policy for the City as to the
potential construction of a relocation facility.
Councilman Moore stated that staff had a number of things they had been pursuing for years as to how to
assist in trailer park closures. He said there was no economical land available. He thought that a highrise
funded by HUD, improved upon through subsidy from those wanted to convert their land, along with money
from the relocation could provide a solution.
MS (Moore/Nader) to direct staff to include in their potential solutions and recornrnI.Jldations to Colln~
a major effort that would include HUD highrises and multiple trailer parks working together with the staff.
Approved 4-1 with Councilman Malcolm opposed.
Mayor Nader felt the report was less than adequate. He said assumptions were built in that did not
necessarily apply in reality as far as cost per unit of the replacement units. He said that there were units
available at less cost, or a donation may still be available in conjunction with the St. Vincent de Paul project.
The project did not have to go on the Swee~vater parcel, it could go anywhere. Below market rate land
should be available as a way for the developer to meet their low income housing requirements, yet in the
report it indicated that all land would have to be purchased by the City at market rate.
Minutes
April 21, 1992
Page 18
MS (Nader/Malcolm) that the report be referred back to staff for further work.
Councilman Rindone said he could not support the motion on the floor because he did not think it gave staff
direction.
VOTE ON MOTION: approved 3-2 with Councilman Moore and Councilman Rindone opposed.
Mayor Nader suggested that staff look into the issue of the washers and dryers being removed from the
trailer park.
Mr. Salomone said that a building inspector had already gone to the trailer park and determined that it was
not a health and safety factor, but staff would revisit the issue.
35. RESOLUTION 16.572 APPROVING FIRST AMENDMENT TO AGI~RF. MENT WITH JONES AND
ROACH, INC. PROVIDING APPRAISAL SERVICES FOR VARIOUS CAPITAL IMPROVFIAF~rF PROGRAM
PROJECTS - Staff has already contracted for twelve appraisal reports costing $21,720. Staff needs to obtain
appraisals for at least seventeen additional parcels that need to be acquired prior to 6/39/92. The additional
cost of these appraisals will exceed the $25,000 as approved by the City Manager and authorized by the
agreement. Staff recommends approval of the resolution. Continued from the 4/7/92 meeting. (Director
of Public Works)
36. RESOLUTION 16576 DE'rER.,~NINGCAVESBIDAISNON-RESPONSIVE;ACCEFI]NGCAVESBII)
B AS TIIE LO'VVEST RESPONSIBLE BIDDER; RE-APPROPRLa, TING FUNDS, A.N'D AWARDING CO~CT FOR
'FIFrH A~r'P3qUE IIViPROVE.MF2,frS BETIA/EEIq NAPLES AND ORANGE IN THE CITY OF CI-IUI/k VISTA,
CALIFORNIA"; AND RESERVING THE RIGHT TO REJECT ALL OTHER BIDS - On 3/4/92 sealed bids were
received for street improvement work identified in the bid specifications 'Fifth Avenue Improvements
Between Naples Street and Orange Avenue in the City of Chula Vista, CA". Eighteen bids were received from
nine separate contractors each of which submitted two alternate bids: one based on the premise that they
would have to pay their labor prevailing wages and one on the premise that they would not have to pay such
wage scale. The lowest bid, which was a non-prevailing wage bid, but was defective in a manner that
should not, in the opinion of the City Attorney, permit waiver of defects. Staff recommends approval of the
resolution. Continued from the 4/7/92 meeting. 4/5th's vote required. (City Attorney and Director of
Public Works)
City Attorney Boogaard stated that he had passed out a new resolution 16576. Staff was requesting the
Council to consider the passage and adoption of that resolution and pointed out the language on the back
which inserted the condition of acceptance of the bid. He said the reason that was being done was because
they had drawn some litigation in the matter, not on the prevailing wage issue but instead on the privilege
of rejecting alternative A from Caves as non-responsive without rejecting alternative B from Caves. Erreca
withdrew. Southland Paving under the A bid were number three but under the B bid they were number
nine and solicited a stay order from the local Superior Count which was denied. The City would still have
to consider that litigation would be further prosecuted. In that regard, he wanted to take the Council into
closed session to discuss that pending litigation after the staff presented its report on this issue and before
the Council actually adopted the resolution.
MSC (Nader/Malcolm) to trail the kern to the end of the meeting to follow the RDA meeting and continue
on to the it~rn~ removed from the Consent Calendar.
Minutes
April 21, 1992
Page 19
City Attorney Boogaard requested solicitation of any objections from any of the bidders on the project from
members of the public.
Mayor Nader asked if there were any members of the public wishing to address the Council on the item.
He received no requests to speak.
Council recessed to dosed session at 10:43 p.m. and reconvened at 10:47 p.m.
RESOLUTION 16576 offered by Mayor Nader, reading of the text was waived, passed and approved
unanimously.
BOARD AND COMMISSION RECOMMFJqDATIONS
None submitted.
ll'Iy. MS pUIJ.Rr) FROM THE CONSENT CAt.ENDAR
Items pulled: 12 and 15. The minutes will reflect the published agenda order.
OTHER BUSINESS
37. CITY MANAGERS REPORTfS)
a. City Manager Goss said that staff was setting up budget hearings to review the operating budget
and the Capital Improvement Budget and Council would be polled as to the best times. It appeared that the
Capital Improvement Budget would be out first and then the Operating Budget. He stated that there was
some concern in terms of trying to produce a balanced budget and still maintain the current operating levels.
Therefore, it was extending the length of time it was taking to get the operational budget to Council. Staff
would be getting the Capital Improvement Budget to Council within the next week or two.
b. City Manager Goss said that normally the Capital Improvement Project Tour would be scheduled on
the regular basis and the Quarterly Tour would be on 5/2/92. However, that conflicted with the City's first
Cultural Arts Festival on that same date. Staff would be contacting Council to determine whether or not
they would want to change the date to not conflict with the Festival.
The City Counc~ Meeting recessed ar 10:10 p.m. to a special Meeting of the Redevdopment Agency.
The City Council reconvened at 10:17 p.m.
38. MAYORS REPORTfS)
a. Mayor Nader stated that the San Diego City Council, the previous day, had unanimously adopted
a resolution endorsing Chula Vista's proposed site for the University of California campus which meant that
the City of San Diego, the County of San Diego and, of course, the City of Chula Vista, had all unanimously
endorsed that site. That was a very good sign for the level of community support so now the Univex~ity
officials could be informed that the changes was welcome in Chula Vista.
b. Mayor Nader said what he had in mind for the Earth Day Committee was basically modeled on what
the City currently did with the UN Day Committee, which was that it was not an official City committee as
such but there was a City affiliation and approximately $300 used from the Community Promotions Budget
for incidental expenses. He wanted a committee formed with membership open to anyone who was willing
Minutes
April 21, 1992
Page 20
to work to coordinate community-wide events next year. He appreciated the efforts of Southwestern College
and the Nature Interpretire Center in organizing and participating the current year's activities, but there was
a feeling that much more could be done to involve the Chula Vista Community. Many of the people that
had organized those events had expressed an interest in participating in such a committee.
MS (NaderAVioore) to authorize the establishment of an EarLh Day Commlttee and to encourage members
of the Council to approach anyone that might be able to put some work in to join.
Councilman Moore suggested that at some time all committees and commissions be reviewed to see if they
were really necessary and that some could be combined which would help to eliminate some of the staff time
required.
Mayor Nader stated it was not his intent for staff required involvement on the conunittee. He would expect
the City Manager, ff he felt it appropriate, to come forward with a nominal amount of money from the
Community Promotions Budget, for some incidental expenses.
Councilman Malcolm supported the concept but stated he would like to see a one page written document
before the committee was implemented on the committees responsibilities, duties, authority, ere,
ADDENDUM TO MOTION: The Mayors comments to be put into writing before the committee is appointed.
VOTE ON MOTION: approved unanimously.
39. COUNCIL COMMENTS
Councilman Malcolm
a. Legislative Analysis: Requiring Council Action; not addressed by Legislative Program
AB 3734 (Hauser) CiBr Representation on APCD Governin~ Boards - AB 3734 proposes to require that APCD
governing boards include membership from both cities and counties.
Councilman Malcolm said the Legislative Committee analyzed AB3734 regarding APCD (Air Pollution Control
Distlic0 and what they had, which was co-authored by Senator Wadie Deddeh, was trying to take the
exclusive conttol of APCD and give some of the control back to the cities who currently had no input. The
League of Cities believed the cities should have some control over their destinies. There was some concern
about votes, whether there would be weighted votes among the cities and if the City of San Diego could
dominate it. He personally felt that the City of Chula Vista should not take a position at the time but send
a letter saying that ff upon clarification of what the makeup of the committee was and their voting rights,
that the City of Chula Vista would support legislation to share the responsibilities of controlling and
reviewing air pollution in the City of Chula Vista's region. He thought with some clarification and
modification that it was a good bill.
MSUC (Maleolm/Nader) to take no position on AB3734 but authorize the Mayor to notify the author fixat
if change~ are made whereby the City can have some type of equal representation, the City of Chula Vista
would support it.
b. Councilman Malcolm said that the Otay Valley Regional Park Committee had taken a position that
they did not like the Olympic Training Center Boathouse on Otay Lakes. He said Council had committed
to the Olympic Training Facility and supported Olympic rowing and rowing at Otay Lakes. He had a
problem with the Otay Valley Regional Park Committee now deciding that they did not like the location and
now wanted it moved. The Committee was made up of a lot of members of the County and City of San
Diego and now they were trying to dictate what could be done within the City limits of Chula Vista. To date
the Committee had not accomplished much, there was no park, no improvements made, there had been
nothing for the people, and now they were trying to take away and disturb a very important part of the '/'
future of the Olympic Training Facility. The reason was because they wanted to be able to have the duck
Minutes
April 21, 1992
Page 21
hunters shoot lead pellets at ducks as they fly over and those lead pelleLs then go in the drinking water of
residents around that area. He found it appalling and had talked to the Chairman of the Committee. The
Chairman, John Willerr, was opposed to what they were doing, did not like it and suggested that the issue
of boundaries be referred to the policy makers (Supervisor Bilbray, Mayor Nader and Bob Filner) and have
them come back with defined areas.
MS (Malcolm/Moore) to refer the question of boundaries to the Otay Regional Park Policy Committee
(Bilbray, Nader and Filner).
Councilman Moore thought the first step was Otay River Valley, the second step would probably be the
eastern strip and the third strip, Sweetwater Valley, He envisioned that the Citizen Advisory Group would
be in that category and that maybe the City's representative could review and think about breaking the
advisory group into three different sections.
VOTE ON MOTION: approved unanimously.
c. MSUC OVlalcolrn/Nader) to approve the agreement with Frank Fenceira and the earer~lr~r facility.
Councilman Moore
d. Councilman Moore said he served on the Clean Water Governance Advisory Group regarding
expansion of the metro system and his presence was requested in Sacramento to talk to the people that were
working on that particular bill. He asked Council's approval in representing the City on that day and stated
there was no City funding required.
MSC (Malcolm/Nader) to authorize Councilman Moore's nip to Sacramento on 5/6/92 to represent the City
of Chula Vista, approved 4-0-0-1 with Councilman Moore absr~inlng.
MSUC (Nader/Mooro) to continue the meeting past 10:30 p.m.
ADJOURNMENT
The City Council recessed at 10:49 p.m. and met in closed session at 10:SO p.m. to discuss:
Potential litigation pursuant to Government Code Section 54956.9 - Vista Hill Hospital
Potential litigation pursuant to Government Code Section 54956.9 - Appropriate Technologies
Pending litigation pursuant to Government Code Section 54956.9 - Jones Intercable
ADJOURNMENT AT 11:40 p.m. to the Regular City Council Meeting on April 28, 1992 at 6:00 p.m. in the
City Council Chambers.
A special Redevelopment Agency meeting was convened at 10:10 p.m. and adjourned at 10:17 p.m.
Respectfully submitted,
BEVERLY A. AUTHELET, CMC, City Clerk
by: Carla.~G~~cretary