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HomeMy WebLinkAboutcc min 1992/08/04 MI~ OF A REGULAR MEETING OF THE CITY OF CHUIA VISTA Tuesday, August 4, 1992 Council Chambers 4:10 p.m. Public Services Building CALL TO ORDER l. ROlL CALL: PRESENT: Councilmembers Horton, Malcolm, Moore, Rindone, and Mayor Nader ALSO PRESENT: John D. Goss, City Manager; Bruce M. Boogaard, City Attorney; and Beverly A. Authelet, City Clerk 2. PLEDGE OF/d J .RGIANGE TO THE FLAG, SIIT~NT PRAYER. 3. APPROVAL OF MINUTES: July 21, 1992 and July 27, 1992 MSUC (Rindone/Moore) to approve the minutes o[ July 21, 1992 as presented and the minutes of July 27, 1992 as amended. 4. SPECIAL ORDERS OF THE DAY: a. Oath of Office: Commission on Aging - Anne H. Fabrick; Charter Review Commission - C.R. Campbell; Design Review Committee - John C. Rodriguez; Parks & Recreation Commission - Clifford Roland; Youth Commission - Allyson Borders and Julia Wubenhorst. The Oath of Office was administered by City Clerk Authelet and the certificates of appointment were presented by Mayor Pro Tem Malcolm. b. Presentation of Championship Trophy for the Chula Vista City Goff Championskips - The City's Annual Golf Championship was reinstated after several years absence and will be held on 8/3 and 8/4/92. Individual awards to the Championship Plight will be presented by the Mayor. Winners will not be determined until the afternoon of Tuesday, 8/4/92. Jess Valenzuela, Director of Parks and Recreation, presented the staff report. Billy Casper, ambassador of the golf championship, presented trophies to the following winners of the championship flight: 3rd Place, Paul Haaland, gross score 150; 2nd Place, Don O'Connor, gross score 149; and 1st Place, Dale Abraham, gross score 147. CONSENT CAT.END/MR (Items Pulled: 7, 10, 11, 12, 15 and 16) BALANCE OF CONSENT CALENDAR OFFERED BY MAYOR NADEIL reading of the text was waived, passed and approved unanimously. S. B/RITrEN COMMUNICATIONS: None. Minutes August 4, 1992 Page 2 6. ORDINANCE 2525 ZONING CERTAIN DESIGNATED PROPERTY ON THE WESTERLY SHORE OF LOWER OTAY LAKE AS AGRICULTURAL- 100, AND FINDING THAT SUCH ZONING At.-i 1VITY IS EXEMPT FROM THE REQU1RF_aMENTS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (second reading and adoption) - At the time the City adopted the EastLake III General Development Plan (GDP) and the Olympic Training Center (OTC) SPA Plan and prezoning, the area east of Wueste Road was intended to remain unincorporated and under County jurisdiction. When LAFCO approved the OTC annexation, however, they extended the boundary to the shoreline of Lower Otay Lake in order to create logical service boundaries. The action added the area to Chula Vista's corporate limits, but left the property without zoning. The zoning action precedes consideration of the OTC Boathouse Conditional Use Permit (CUP). Staff recommends Council place ordinance on second reading and adoption. (Director of Planning) 7. ORDINANCE 2524 AMENDING SECTION 2.30.020 OF THE MUNICIPAL CODE BRt ATING TO MEMBERSHIP ON THE ECONOMIC DEVELOPMENT COMMISSION (EDCO (first teadinE) - On 10/9/90, Council amended Sections 2.30.020 and 2.30.060 to expand EDC membership from seven to nine commissioners. The recommended ordinance is being proposed by th~ Economic Development Commission and provides language outlining specific areas of expertise which should be drawn from in Councfl's selection of appointees. The purpose is to encourage a well balanced membership representing expertise vital to the EDC's role in developing, recommending, and implementing economic development slrategies. Staff recommends Council place ordinance on first reading. (Director of Community Development) Continued from the meeting of 7/28/92. Pulled from the Consent Calendar. Mayor Nader stated that the item was originally brought forward a few weeks prior as a result of a recommendation by the EDC. The majority of that Commission saw some problems with its existing ordinance in terms of the membership composition; felt that there was a need for some designated backgrounds to be involved in the Commission; and that there was a need for more breadth based on his discussion with members of the Commission who were in the majority. The Commission's recommendation was initially adopted by Council on first reading. When presented for second reading there was an amendment passed by Council. That amendment substantially altered the original recommendation of the EDC and he thought it would seriously alter the Commission's original intent. MS (Nader/Horton) to refer the matter back to the Economic Development CommL~sion. Councilwoman Horton stated that she had two corrections in the ordinance. It should read 'Association of Realtors~ on pages 7-3 and 7-4. Councilman Rindone stated that he had assured the chairperson of the Commission that the amendment had an added benefit because it provided a full buy-in by Council to participate in actively ensuring that the Economic Development Commission would be viable as set forth. He stated that she had appeared comfortable with that. He thought the first reading before them was most appropriate. Mayor Nader stated that the members of the Commission he had communicated with had not had that view. He did not see how the ordinance before them would achieve the end stated without serious disruption. He had not heard an answer, for instance, as to what would happen to the existing Commissioners and how they would be allocated among the Councilmembers. Councilman Rindone thought a reasonable solution for continuous sen, ice by those members could be drawn by lot and each Councilmember could review the interest of that particular individual. Minutes August 4, 1992 Page 3 Councilman Malcolm stated that it seemed they could give the Mayor the first one, and since he was seat number four, let the number one seat fill next, number two the next, number three next end number four next as they came up and they could be rotated. He did not see a reason to send it back to the EDC. Councilman Moore said that if they looked at the categories given, which was fifteen, end there was five of them, if divided by three, whether drawing lots or whatever, it would end up with three categories. If each one of them was going to appoint somebody, that talent would come out of one of those three categories, so it would cover at least five of the fifteen categories every time a particular talent was selected. VOTE ON MOTION: failed 2-0-3, with Counc~men Rindone, Malcolm end Moore opposed. MOTION: (Moore) to take the fifteen categories end either draw lots or just take three categories and every time one was appointed then Council would attempt to find the talent that would volunteer to serve from the three categories allocated to the individual members of the Council. Motion fared for lack of second. MSUC (Malcolm/Moore) of the five appointees, the Mayor gets the first appointment, followed by the order of the Councilmember seats. MS C/qaderfMalcolm) amendment to go back to the existing one appointee by the Board of Realtors, that would make six appointments by the Council, end the sixth appointment to the Mayor - so it would be Mayor, four Counciknembers, Mayor. Councilmen Rindone thought a better sequence would be the Mayor first appointment, then seat one, then seat two, then the Mayor, then seat 3, then seat 4, end then it started over again. Mayor Nader responded that he was agreeable to that if the second was agreeable. Councilrnar~, Malcolnl responded that he was. VOTE ON MOTION AS AMENDED: approved unanimously. City Attorney Boogaard stated he would return with language for Council to review. 8. RESOLUTION 16733 AMENDING FISCAL YEAR 1992-93 BUDGET, PROVIDING FOR AN UNEMPLOYMENT INSURANCE TRUST FUND APPROPRIATION TO THE UNEMPLOYMENT INSURANCE ACCOUNT - The City pays for its unemployment insurance claims by reimbursement. Each quarter the Employment Development Department (EDD) sends an itemized bill of Unemployment Insurence Benefits paid and the City reimburses EDD. Staff recommends approval of the resolution. (Director of Personnel) 4/5th's vote required. 9. RESOLUTION 16734 APPROVINGANAGRF_ZMENTWITHTHENAUTICALHFALrrAGESOCETY FOR THE DESIGNATION OF CHUIA VISTA HARBOR AS THE SOUTHERN HOME PORT OF THE TALL SHIP · CALIFORNIAN* AND APPROPRIATING $1,0OO FROM THE UNAPPROPRIATED GENERAL FUND BALANCE - Continuation of the ongoing agreement designating Chula Vista Harbor as the Southern Home Port of the tall ship "CALIFORNIAN." The state's official tall ship has been providing free public open houses, school activities and special events in Chula Vista since 1986. Staff recommends approval of the resolution. (Deputy City Manager Krempl) 4/Sth's vote required. Minutes August 4, 1992 Page 4 10. RESOLLrrlON 16735 CAI,IJNG AND GMNG NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL F-LI~.CTION AND REQUESTING THE SAN DIEGO COUNTY BOARD OF SUPERVISORS TO CONSOLIDATE THE GENERAL MUNICIPAL EI.~.CrlON WITH THE STATEWIDE GENERAL RI~-CTION TO BE FIRLn ON TUESDAY, NOVEMBER 3, 1992, FOR THE PURPOSE OF EI.ECTING TWO MEMBERS OF CITY COUNCIL AND SUBIVII-I-nNG CHARM AMENDMENTS TO THE PEOPLE - The next Council election is scheduled for November 3, 1992 for Council members in Seats 3 and 4. Also a number of Charter Amendments have been prepared by the Charter Review Commission. Council, therefore, needs to officially call the election and request the County m consolidate with the statewide election. Staff recommends approval of the resolution. (City Clerk) Pulled from the Consent Calendar. Councilman Kindone stated that the ballot proposal on page 10-7 for the Section 7 Charter Amendment was quite confusing. He felt that the voters reading the statement would be confused by the wording. He said that the explanation made a lot of sense, but a lot of people would not take the time to delve into that. MS (Rindonefdorton) m ddete Sections 7 and 8 from the proposed Charter Amendments. Mayor Nader stated that, on the dias, was his proposal for an amendment to permit him to designate another City official to sign documents that had been authorized by the Council. Councilman Malcolm thought that the Mayor, or any Mayor, should not be able to designate just anybody to sign documents. He felt that the Mayor or the Mayor Pro Tern should sign the documents as it was not that time consuming. City Attorney Boogaard stated that ordinances and resolutions were required to be signed by the Mayor according to Section 311 of the Charter. The reason for the Mayor signing contracts and other documents was set forth by the first page of the Mayor's proposal and (b) (2) the part that was stricken out use to say 'for the signing of all legal instruments and documents" which provided the Charter basis for suggesting the Mayor should be signing all such official City documents. The proposal was a deletion of that language. On the second page, paragraph 7, it could be changed from "to designate a signatory' to "to designate the Mayor Pro Tem or City Manager for all legal instruments and documents on behalf of the City,' Councilman Moore personally thought that the Mayor should sign certain legal papers. i.e. resolutions and ordinances. He spent approximately five months signing for the Mayor and stated it took about ten minutes a day because everything he had signed had already been discussed at a Council meeting and voted on. Mayor Nader stated that his proposal would still require the Mayor's signature for ordinances and resolutions under a different section of the Charter. The proposal would amend a section of the Charter which required all other documents to also be signed by the Mayor. His proposal would say that somebody else could be designated for other documents, i.e. contracts, permit applications, grant applications to outside agencies, etc. which were negotiated by other staff under the direction and authorization of the Council. Councilman Rindone felt that part of the Mayor's justification of his full time status was the responsibility of executing those documents. It also ensured that the Mayor was fully aware of all of those things. He thought that was beneficial and that the amount of time needed to do that was minimal. He would not support releasing the current Mayor or any future Mayor in providing that concurrence and review. Mayor Nader stated that if everything assigned to the Mayor for signature was read it took a lot more time than what had been described. If he simply looked at whether the City Attorney and the City Manager's staff had said that it was legally ok, and within the authorization of the Council, and sign it on that basis, then it was really just a ministerial act that did not accomplish anything in particular because he was not truly reviewing the document. He thought it was a waste of time. Minutes August 4, 1992 Page 5 Bob Campbell, 838 Correander Court, Chula Vista, CA, Chair of the Charter Review Commission, suggested that the item be referred to the Charter Review Commission. Mayor Nader stated Council was under a deadline of the current week to place items on the November ballot. VOTE ON MOTION: approved unanimously. Councilman Rindone asked for staff input on why the limit was being changed from $25,000 to $50,000 on page 10-11. City Attorney Boogaard responded that it had been on his recommendation, the thought being that the City could use force account labor very efficien~y and cheaper than having to go out to competitive bidding for small projects under $50,000. The City's intemal auditing checks and balances would allow the option of greater cost efficiencies. In competitive bidding staff had to prepare bid specs and go through the bid proposal process. Councilman Malcolm stated that it would give Council the flexibility to go ahead and waive those requirements and special circumstances that were deemed in the public's best interest. Councilman Rindone felt that projects exceeding $25,000 were significant and in most cases going through the bidding process proved to be beneficial. City Manager Goss stated that it did require that the action be considered by Council before the contract was let and permitted the Council to let the contract without advertising for bids after the Manager had secured competitive prices from interested contractors. City Attorney Boogaard stated that it was informal under $50,000 and that they would still have to get at least three verbal or written proposals, just not go through the very strict competitive bidding process. Councilman Malcolm stated it would give more flexibility in case it was needed, it did not allow changes to the procedures that had been set down and outlined by the Council. MS (NaderAVlalcohn) to change paragraph 7 of the Mayor's proposal to read *except as provided in Section 311, to sign all legal instruments and documents, or to designate the Mayor Pro Tern or the City Manager or the City Manages designated subordinate*. Failed 2-3 with Councilwoman Horton, Councilman Moore and CounciLman Rindone opposed. MSUC (Nader/Moore) to refer the Mayor designating a signaton] to the Charter Review Commission, Councilwoman Horton left at 5:30 p.m. and returned at 5:33 p.m. RESOLUTION 16735 AS AMENDED OFFERED BY MAYOR NADER, reading of the text was waived, passed and approved 4-0-1 with Councilwoman Hotton absent 11. RESOLDT[ON 16736 ALrrHORIZING A REDUCTION IN PUBLIC FACILITIES DE'VF..LOP~ IMPACT FEES FOR THE SECOND EXPANSION OF THE CHULA VISTA CENTF,~ BY THE HOMA~T DEVELOPMENT COMPANY - The Agency recently approved a Development Agreement with the Hornart Development Company for the second expansion of the Chula Vista Center. The project includes the construction of a two-story Say-On/Cinema building in the first phase, and construction of a Mervyn's Depa~ h~lent Store and parking structure in the second (final) phase, Homart is requesting waiver of the Public Facilities Development Impact Fee (DIF) totalling $75,852. Staff recommends approval of the resolution. (Director of Community Development) Pulled from the Consant Calendar. Minutes August 4, 1992 Page 6 Councilman Malcolm stated that the problem he had was the convoluted way staff justified the reduction. He thought staff was trying to go along with what Council had tried to do and encourage jobs and growth. The problem was that if they talked about what staff was recommending and the amount of savings, it was 1/10 of 1% of the cost of the project so they were not dealing with a significant mount of money if looked at on a grander scale. But the way staff said to look at it was to take the total acreage and divide it up into the amount of square footage that was presently in the center. The impact was on the schools, sewer systems and roads. To get the density onto the small acreage a parking structure had to be built. If a parking structure was not needed they would need more acreage and if they had needed more acreage they would have had to pay the higher fee that staff had already justified. He felt that the impact should be based on the mount of traffic and sewage they generated and the different impact on police, fire, paving of roads, etc. If that was done then bonuses should not be given to people who built big concrete boxes called parking structures. They should be discouraged from having those big concrete structures, not encouraged. He did not find justification for reducing the fees. Mayor Nader felt that the fees should be based on the anticipated impact. MS (Moore/Malcolm) to file item. Kenneth Hocker, representative from Hornart, stated they were asking for a favorable reduction in the fee. The project was generating a lot of benefit for the City. There would be hundreds of thousands of dollars of taxes going to the City. Also several hundred jobs would be created. The fee was calculated based solely on new jobs that were created in the shopping center. He stated that they were cooperating with the City on paying all of their fees. They were paying traffic impact fees, sewer hook up fees, building fees and all other fees that were associated with the project that size. When they originally did the development proforms with the City, they had talked about the cost involved with the project at that time. At the time both Hornart and the City had wanted to keep the cost of the project down to help reduce the subsidy from the City. At that time it was discussed that there would be no development fees tacked on top of the normal building fees. Mayor Nader asked who discussed it with him. One of his concerns had been that he did not remember the Council discussing that or making that agreement. Mr. Hocker responded that it was not at a public hearing or a Council meeting. Mayor Nader stated that ff it was not done by the Council in a public meeting then it would not have any effect. City Officials were not authorized to waive fees that were imposed by Council without authorization by Council. Staff could negotiate something to be brought forward to Council for approval. Mr. Hocker stated that they were asking for a minor reduction in fees. They felt that it was unjustified to penalize Hornart for creating more jobs for the City. Their costs had gone up and they had been cooperating with the Design Review Committee. They were asking for a favorable consideration. Councilman Malcolm asked how much Memryn's had paid for the pad. Mr. Hocker responded that Mervyn's would be paying $500,000. He stated that they were not paying anything for the pad, they were making a contribution. Councilman Malcolm stated that in the calculations before Council previously, Hornart showed zero contributions, so now it would be $500,000. Mr. Hoeker stated that he believed they had the $500,000. City Manager Goss stated that his recollection, having been at the meeting, was that it was something that was going to be worked on and they did not know what it was at the time so a zero had been put there. Minutes August 4, 1992 Page 7 Councilwoman Horton confirmed that was what she remembered also. She was inclined to support the staff recommendation based on the fact that there was an economic crisis and a need to do everything to create jobs for the community. She knew that she could not require Homart to hire just Chula Vista residents but if Council supported their request, she would ask Homart, Mervyn's or whoever would be hiring, to advertise locally within Chula Vista, using local papers and local media. Mr. Hocker responded that it would be logical for the stores to be getting employees that lived close to the shopping center for convenience. People did not commute a long way to work in retail operations. Councilwoman Hotton would want that as one of the conditions if she were to support the reduction in fees. Mr. Hocker thought Homart could probably do something but he could not put a stipulation on Mervyn's. He said he could try. Mayor Nader stated that the speaker indicated that the fee was based on the building area as opposed to the acreage and yet on page 11-5 it said that it was calculated per acre. He asked staff if that was correct. Fred Kassman, Redevelopment Coordinator, responded that it was square foot of building area and then it was multiplied to get a ratio of the acreage that would be attributable out of the 55.438 acre site. Mayor Nader thought Councilman Malcolm's point was that a fee based on acreage was going to be smaller if they compressed the building by using a parking structure. It appeared that the fee may have been recalculated by staff based on the acreage occupied by the building rather than the total footage of the building. Mr. Kassman stated that the recalculation on Exhibit 3 was based on the acreage. Mayor Nader asked if staff could calculate it based on the total square footage as if the building had not been compressed by use of the parking structure, attributing more acreage to the footage that was built up rather than out. Mr. Kassman responded that it could probably be done but they would have to assume how many parking spaces would be required and add that to the site and determine what the total site would be. John Lippitt, Director of Public Works, explained that part of the whole process was that on any of their fees they did not charge for what was already there. He thought that was how the recalculation was based. Mayor Nader suggested that staff recalculate the fee based on not providing a credit for buildings that were being demolished anyway and based on the entire new building. VOTE ON MOTION: approved 4-1 with Counc~woman Horton opposed. 12. RESOLUTION 16737 APPROVING ADVANCE ASSISTANCE AND RESIDENTIAL MOVING E~(PENSE PAYMENT FOR THE RKLOCATION OF TENANTS RESIDING ON CITY PROPERTY AT 365 ORANGE AVENUE AND APPROPRIATING FUNDS IN THE AMOUNT OF $2,750 THFAhVYOR - The City's relocation consultant, Pacific Relocation Consultants, has reviewed and recommends approving the Advance Assistance and Residential Moving Expense claim of one tenant residing on property owned by the City. The purpose of relocating the tenant is to provide for development of a library at the comer of Orange and Hermosa. Staff recommends approval of the resolution. (Director of Community Development) 4/5th's vote required. Pulled from the Consent Calendar. Minutes August 4, 1992 Page 8 Councilwoman Honon asked who Pacific Relocation Consultants were, what exactly they did, and when their contract was approve& David Gustarson, Assistant Director of Community Development, responded that they were a private consultant to the Agency for calculating relocation benefits to residents or tenants that the City might displace. They were under contract to make those calculations and also to assist. He did not know the specific time that the contract for the consultant was approved but assumed that it was within the last year. Councilwoman Horton asked if some of that could not be done in-house. Mr. Gustafson stated that it was very labor intensive and the calculation part required a lot of particular expertise relative to the various laws that dictate relocation assistance to people. They could, in-house, do some of the assistance in terms of helping people find other units and reviewing the units that they did find. The most sophisticated part of it was to make sure that the calculations were correct based on the various laws that applied. Councilwoman Hotton did not feel that it was that difficult to calculate for a small number of cases to calculate this out. She asked how much the consultants were being paid. Mr. Gustafson did not have the answer at that time. He did clarify that there was an existing contract with the fu-m and it might be an appropriate juncture that when that expired to look at finding another way to deal with that issue. Councilwoman Hotton stated that she knew a lot of people locally that could do something very similar. The rental market had a high vacancy rate at present. RESOLUTION 16737 OFFERED BY COUNCILMAN MALCOLM, reading of the text was waived, passed and approved unanimously. Councilwoman Horton stated that she wanted her questions answered regarding Pacific Relocation Consultants, how much the City was paying them and a job description. Mr. Gustafson responded that they would be happy to provide Council with a memo explaining that. 13. RESOLUTION 16738 ACCEPTING BIDS AND AWARDING A CONTRACT TO MCR Rt-RCTRICAL CONTRACTORS, INC. IN THE AMOUNT OF $86,775 FOR SIGNAL INSTAI.I.&TION/MODIFICATIONS AT ANITA Slth~ET/INDUSTRIAL BLVD. AND INDUSTRIAL BLVD./PALOMAR STREET AND APPROPRIATING $24,000 FOR THE INDUSTRIAL BLVD./PALOMAR STREET SIGNAL MODIFICATION - On 6/24/92, sealed bids were received for one project involving signal work at two locations. The two locations involved are Anita Street/Industrial Blvd. (signal installation) and Industrial Blvd./Palomar Street (signal modification). There were five bidders with a low bid received from MCR Electrical Contractors, Inc. for $86,775. This low bid is below the Engineer's estimate of $111,360. Staff recommends Council: (1) accept the bids and award the contract to MCR Electrical Contractors, Inc. in the amount of $86,775, and (2) appropriate $24,000 for modification of the existing traffic signal at Industrial Blvd./Palomar Street. (Director of Public Works) 4/Sth's vote required. Councilwoman Horton asked if the financial stability of the companies awarded contracts were investigated. Cliff Swanson, City Engineer, responded that a background check was done on the different companies, particularly the first time that they did work for the City. A company such as MCR Electrical Contractors who had done work for the City before, did not require such in-depth investigation. He stated that the City also had bonds. Minutes August 4, 1992 Page 9 14. RESOLUTION 16739 APPROVING UNIFORM FARE STRUCTURE AG!~F. RMENT B~ AND AMONG SCOOT, METROPOLITAN TRANSIT DEVELOPMENT BOARD (MTDB), SANDAG AND OTHER AREA TRANSIT OPERATORS - The agreement incorporates three major cooperative functions among area transit operators under MTDB jurisdictions: a base fare structure, transfer procedures, and regional tickets and passes. Staff recommends approval of the resolution. (Director of Public Works) Mayor Nader requested that a referral to staff be added to investigate the possibility of using federal funds from ISTEA or any other federal funds that might be available to increase the subsidy for very low income handicapped seniors. 15. RESOLUTION 16740 APPROPRIATING FUNDS, ACCEPTING BIDS, AND AWARDING CONTRACT FOR "ORANGE AVENUE RECONSll~UCTION FROM LOMA LANE TO MAX AVENUE IN THE CITY OF CI-IULA VISTA* - On 7/8/92, the Director of Public Works received sealed bids. Work includes removal of alligatored pavement areas in the north side of Orange Avenue and grinding of other existing pavement areas, asphalt concrete paving, installation of pavement fabric, installation of "French Drain~ system, traffic control, construction surveying, and other miscellaneous work. Staff recommends Council: (1) appropriate $4S,602.62 from the unappropriated fund balance of Gas Tax Fund 250-2S01 to "Orange Avenue Reconstruction - CIPS ST-133B", and (2) accept bids and award contract to Superior Ready Mix Concrete L.P. in the amount of $84,742. (Director of Public Works) 4/Sth's vote required. Pulled from the Con~ent Councilman Rindone asked staff how long the pavement had been in place. John Lippitt, Director of Public Works, responded that he had been with the City for 17 years and it was there when he arrived. He thought it was probably on Orange Avenue for close to 20 years. The outside lanes were definitely in longer and the middle lanes went in about the mid-1970's. Councilman Rindone asked Mr. Lippitt what a reasonable expectation was. Mr. Lippitt responded that they were designed for basically a ten to twenty year life expectancy. On any of the streets after ten or fifteen years they started seeing deterioration. Mayor Nader left at S:bS p.m. and returned at S:57 p.m. RESOLUTION 16740 OH, ERED BY COUNCILMAN KINDONE, reading of the text w~s waived, passed and apprnved 4-0-1 with Mayor Nader absent. 16. RESOLUTION 16741 APPROVING AGI~F]~MENT FOR MATERIAL TESTING SERVICES WITH LAW/CRANDALL, INC., AND AUTHORIZING THE MAYOR TO EXECIrl~ ON BEHALF OF THE u'IY - The construction of public works infrasttucture improvements requires the use of quality materials to assure their longevity and usefulness to their owner, To assure that the City continues to obtain quality improvements, the City needs to obtain material testing services for projects built with both public and private funds. These services will provide inspectors with the ability to assure that the materials supplied to construct the City's infrastructure meet the project's specifications. Following the Request for Proposal (RFP) process, staff has negotiated a contract with Law/Crandall, Inc. to provide material testing services for the Fiscal Year 1992-93 period. Staff recommends approval of the resolution. (Director of Public Works) Pulled from the Consent Calendar. Minutes August 4, 1992 Page 10 ) Councilman Rindone stated that the Al13 did not provide the fee schedule nor did it mention a comparison of the cost although it did say price was an important consideration. He felt that should be included to see if the number two bidder, K]ienfelder, was close. He asked what the fee schedule provided by the six bidders was and what factors distinguished Law/Crandall from ledienfelder. Cliff Swanson, City Engineer, responded that he believed a schedule of charges was included in all of the packages when the proposals were reviewed. The things that distinguished Law/Crandall were their facilities. Staff looked at the quality of each firms laboratory facilities and Law/Crandall was far and above that of the other firms, the experience and training of personnel, and the site reviews that staff did of both the facilities and talking with the personnel. The experience in training was very highly rated with Law/Crandall and the ability of the firm to respond in a timely manner when requested. They had a large enough firm and sufficiently trained individuals so that if they had a wide number of jobs, the City would still be able to get the service needed. There was not a big appreciable difference between several of the firms as far as the cost. He stated that the fee schedule for Law/Crandall was on page 16-24. Councilman Rindone asked how that compared with the second bidder. Mr. Swanson basically could not answer that question, but he believed that they were very favorable to the second bidder. Councilman Rindone suggested that in the future there be a small chart or statement so that questions like those could be answered without taking up everyone's time. RESOLUTION 16741 O~ BY COUNCILMAN RINDONE, reading of the text was waived, passed and approved unanimously. 17. RESOLUTION 16742 APPROVING TEMPORARY CLOSURES AT VARIOUS STREET CROSSINGS FOR THE METROPOLITAN TRANSIT DEVELOPMENT BOARD (MTDB) SOU'I~ LINE GRADE CROSSING IMPROVEMENT PROJECT - MTDB has awarded the "South Line Grade Crossing Improvement Project, LRT- 299" which will affect the San Diego Trolley railroad crossings at the intersections of"F" Street, "H" Street, "J" Street, and Anita Street. To complete the necessary work within the railroad right-of-way, the contractor, National Projects, Inc., has requested approval of temporary weekend road closures at these four locations. Staff recommends approval of the resolution. (Director of Public Works) 18. RESOLUTION 16743 APPROVING AN AMENDMENT TO THE FIVE-PARTY AGRRRMF2,.'T FOR ENVIRONMENTAL AND ROUTE ADOPTION STUDIES FOR STATE ROUTE-125 FREEWAY - In 1987 the City entered into a five-party agreement for Environmental and Route Adoption Studies for the State Route-125 Freeway. In January 1991, CalTrans issued a Franchise to CTV to construct SR-125 as a Toll Road. The Franchise requires a modification in the five-party agreement. Staff recommends approval of the resolution. (Director of Public Works3 19. RESOLUTION 16744 AUTHORIZING MAYOR TO EXECUTE A CONTRACT FOR A SYMPHONY CONCERT AND TO ENTER INTO INDEMNIFICATION AGB RRMENTS - The City, in conjunction with the San Diego Unified Port District, is planning to host the San Diego Symphony Pops Orchestra for a concert at Marina View Park on Sunday, 8/23/92. Staff recommends approval of the resolution. (Director of Parks and Recreation) Minutes August 4, 1992 Page 11 20. REPORT REQL1EST TO CONDUCT PARADE FROM MONTGOMERY RI .~MENTARY SCHOOL - Montgomery Elementary School is requesting permission to conduct a school parade on 10/9/92. Staff recommends approval of the request subject to staff conditions. (Director of Parks and Recreation) * * END OF CONSENT CALENDAR * * PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 21. PUBLIC HEARiNG PCC-92-40 CONDITIONAL USE PERMIT: APPEAL OF PLANNING COMMISSION APPROVAL OF A REQUEST TO CONSTRUCT INTERIM FIRE STATION NUMBER SIX AT THE SOUTHWEST CORNER OF LANE AVENUE AND FENTON STREET; APpRI.t~aNT - CALIFORNIA LAND ASSOCIATES - An appeal of the Planning Commission approval of PCC-92-40, for the City application to construct an interim fire station at the southwest corner of Fenton Street and Lane Avenue, 2396 Fenton Street. (Director of Planning) Staff recommends continuation to the meeting of 8/11/92. MSUC (Malcolm/Nader) to continue to 8/11/92. ORAL COMMUNICATIONS Carolyn Buffer, 97 Bishop Street, Chula Vista, CA 91911, thanked Shirley Horton, the Assistant City Manager, Sidney Summers, Bill Gustafson, as well as the neighbor that went with her, for having the time, patience and interest for meeting with her regarding Dial-A-Ride. She had checked to find out if the people in South San Diego were getting the Dial-A-Ride service and found out that they were not. She thought that Chula Vista should have a Dial-A-Ride or something similar. BOARD AND COMMISSION RECOMMENDATIONS None submitted. ACTION ITEMS 22. REPORT EVALUATING THE POSSIBILITY AND FEASIBILITY OF PAVING OR CLOSING THREE DIRT ALLEYS - ~ AVENUE AND TWO ADJACENT AIJ.RYS F_.AST OF SECOND AVENUE, BETWEEN MADRONA STREET AND 'F' STREET - On 7/8/91, the City received written communication from property owners on Madrona Street, Cypress Street, and Minot Avenue expressing road safety concerns end suggesting solutions to their concerns. The property owners requested that the City consider paving or closing three dirt alleys - Elm Avenue and two adjacent alleys east of Second Avenue between Madrona Street and 'F* Street. Said request was submitted to the City in the form of a petition and signed by twenty-four residents. Staff recommends acceptance of the report. (Director of Public Works) Continued from the meeting of 7/28/92. Cliff Swanson, City Engineer, presented transparencies showing all of the improved and unimproved alleys within the City and the staff report. Bob Crane, 374 Minor Avenue, Chula Vista, CAI stated that the residents wanted to have Elm Avenue paved between Cypress Street and Madrona Street to make it passable. Minutes August 4, 1992 Page 12 Councilman Malcolm stated that he was in favor of leaving the alleys ~he way ~hey were unless the homeowners wished to form an assessment district or 100% of the homeowners wished to vacate. He asked staff if they thought the area between Madrona and Cypress should be paved. Mr. Swanson responded that while it had a street name, Elm Avenue was only 15 feet wide and appeared to be more of an alley. That was why staff had made the recommendation not to approve without an assessment distrkt. Councilman Malcolm agreed that it looked like an alley. The City required dead end streets to have a cul-de- sac to allow people to turn around and ~hat needed to be acknowledged. That was not something Council would approve or allow at present. He asked what ~he best safe~ alternative was and if they should take safe~ into consideration in changing ~he policy on that portion of Elm because they created that street. He asked staff if they had considered how vehicles should turn around. Mr. Swanson said he believed that was an appropriate consideration that Council could make in changing it to a through s~reet. Staff did not have a problem with that. They ~hought ~hat safety and vehicles turning around were valid arguments. Councilman Rindone said that Madrona was not listed as "not a through street." lie ~hought the minimal action ~hat Council needed to do was to either address the issue as outlined by Councilman Malcolm, which he supported for ~hat portion, or to designate it as "not a through street." The problems with the latter was that it did not meet the standards ~hat Council would approve today, which was ~hat there would be a turn around. MS (Rindone/Moore) to accept staffs report as ou~ined except the section ofl~lm Avenue between Madrona and Cypress and that would be made a one way street going north exiting on Cypress (unless property owners wanted to form an assessment district or vacate). Councilman Malcolm asked if they should still put "not a through street" since they did not want people to use it as a normal thoroughfare. It was not designed for that because then they would be asking people to go down a substandard street on Elm. He asked Mr. Crane what he thought of the street being a one way. Mr. Crane responded that he did not use it, but concurred with Councilman Rindone that it would be a good idea. Mayor Nader said that on page 3, at the top, option two involved closing the alleys and would cost $18,000 to $22,500 including installation of curb, gutter and sidewalk in three driveway approaches. He was not entirely sure why, if they were closing the alley, they wanted to install curbs, gutters and sidewalks in a closed alley. He wondered if a solution to the concerns of some of the property owners that would still have garage access would be putting up gates at the entrances to each of those alleys and, for the cost for doing so, providing keys to those property owners. Mr. Swanson responded that if they were going to close the alleys, the reason for taking out the approaches was so it no longer appeared to be an alley. As for the gate, if it was left as a public alley the City could not close it. If the City vacated the alley, the underlying title of the property would return m the adjacent property owners and any one or all of those property owners could fence off what was now the alley, thereby eliminating access to the garages for all of the residents that had them. Councilman Moore thought there was a referral for staff to review alleys city-wide. He thought the motion on the floor regarding Elm was a winner. Once alleys were paved the City would be required to maintain them. It would be cheaper to buy out the garages that had access on the alley than to pave the alley and maintain it. Some people wanted to do away with alleys and some people did not. Minutes August 4, 1992 Page 13 Councilwoman Horton stated that she could support the motion but she could not support placing a sign on Madrona because that was such a sharp turn. She did not think people would notice the sign until they were on the street. VOTE ON MOTION: approved unanimously. ITEMS PULLED FROM THE CONSENT Ca~T.~T'~IDPuR Items pulled: 7, 10, 11, 12, 15 and 16. The minutes will reflect the published agenda order. OTHER BUSINESS 23. CITY MANAGER'S REPORT(S) a. Scheduling of meetings: ® Mr. Goss stated that in connection with the design of the Library in the southern part of the City, the architectural firm of LPA, Inc. and the design architect, Ricardo Legoretta, would be meeting with a variety of people on Thursday, 9/10/92. The Library Board of Trustees would like to have a joint meeting with Council. It would involve presenting a preliminary site plan, elevation drawings and floor plans. The session would provide Council and members of the Board to provide input. Councilwoman Horton, Councilman Moore and Councilman Rindone stated they could attend the meeting on 9/10/92. Councilman Malcolm stated that he would have to call his office. Mayor Nader stated that the joint meeting would be called for 9/10/92 at 4:00 p.m., room to be determined. He also stated that it would be advertised. ® Mr. Goss stated that a study had been done regarding the options of Chula Vista for the processing of sewage, what its role was going to be, what the City's position was going to be, and whether it was going to be the clean water program or whether the City of Chula Vista would actually go on its own. One of the things that had been holding up a conclusion on that had been the fact that the City of San Diego had been all over the place in terms of giving direction and making decisions with the clean water program. Chula Vista had done their work and had their consultant do the work. He thought it had been mentioned to Council previously about the possibility of having a work shop in which members of the South Bay cities would be invited and it would be elected officials, as well as representatives of the County. They were hoping to try to do that during the month of August. He knew that Brian Bilbray had been very interested in the project but was not available to meet until after 9/8/92. He needed some guidance as to whether Council wanted staff to go ahead and try to set it up for the last week in August or for September. Mayor Nader thought that it would be best to have Super, risor Bilbray involved since he was really the one who brought it forward to the South Bay Mayor/Manager's meeting to begin with. Councilman Moore stated that he knew that Lemon Grove and Spring Valley were also interested. Mr. Goss asked how many of the Council would want to be involved. Mayor Nader stated that it was a special meeting and was optional but thought that they would want to have it available to as many Councilmembers as possible. Minutes August 4, 1992 Page 14 ) Mr. Goss responded that they would try to set it up for some time after 9/8/92 at a time that would accommodate most, if not all, of Councirs schedules. b. Mr. Goss stated that under the direction that had been provided by Council, any exception to the hiring freeze, prior to getting the Ci~s budget resolved and knowing what the state was going to do, would go to Council. He had presented a report to Council on two positions that would be exceptions. MS (Moore/Horton) to approve the two special ciro~m~tances for hiring Fleet Manager and Deputy City Attorney. Councilwoman Hotton agreed with the motion but stipulated that even though they were setting a salary at $56,000 for one and $65,000 for the other, she would like to see if the City could negotiate better salaries. She knew that in the attorney market there were a lot of qualified attorneys that were willing to work for less, but stated that she would leave that up to the City Attorney's office. Mayor Nader stated that he would want a separate vote on the two positions. He had no question that the Deputy City Attorney position was needed. The City Attorney's office was badly overloaded. He had no argument with the City Manager's premiss that maintenance of the city vehicles fleet was important to maintain. He did question if it was a position that they could make an exception for. It was stated that there were they mechanic vacancies that would not be filled due to the state budget crisis. It seemed to him that hiring one of those people rather than a manager would cost less and would actually get some work done on maintaining vehicles and might be of more significance in terms of maintaining the fleet. Councilman Moore stated that he would have no objection to splitling the motion. Councilman Rindone asked if the Deputy City Attorney position was going to for one year, three years, or temporarily. City Attorney Boogaard responded that he would like to have it on an indefinite basis and, if and when the work load should ever subside, he would be able to evaluate it on an annual basis at budget time. MSUC t'Moore/Horton) to approve the hiring of a Deputy City Attorney. MSC (Moore4ndorton) to approve the hiring of a Fleet Manager. Approved 3-2 with Mayor Nader and Councilman Rindone opposed. 24. MAYOR'S REPORT(S) a. Ratification of aDDointments to Boards/Commissions/Committees: Board of Appeals: Harold Coleman, Jr.; Commission on Aging: Anne M. Nute; Human Relations Commission: Michele Delehanty. MSUC (Nader/I-Iorton) to approve the ratificafon of appoinnnen~ to Board:~/Comrnlssions/Cornmlttees. b. Major Nader stated that there was an article reprinted from the L.A. Times by John Anderson, the former Illinois Congressman, on the dias concerning the subject of preferential voting. He recommended it to his colleagues and suggested that it might be an appropriate item for a Council referral to the Charter Review Commission. MSUC (Nader/Horton) to refer Preferenrial Voting to the Charter Review Coxnmlssion. Minutes August 4, 1992 Page 15 c. Mayor Nader stated that the San Diego County Division of the League of California Cities appointed people m each of the league policy committees. There were currently three vacancies that would be considered at the league division meeting the following Monday. Those were on the Administrative Services Committee, Community Services Committee and the Environmental Quality Committee. He said that ffany of the Councilmembers were interested in serving on one of those committees they could either put an application into Jan McMillan, Mayor of Del Mar, who was the incoming president of the San Diego County League, bring it m his attention or attend the meeting themself. 25. COUNCIL COMMENTS Councilman Rindone a. Councilman Rindone asked if the City currently had a policy on earthquake evacuation procedures for the public library. Jim Thomson, Deputy City Manager, responded that the Library staff had been working on three aspects of that. One was what to do during an earthquake, one was tight after the earthquake had ended and the third part was possible uses of the Library for gathering points for wounded citizens. There were earlier plans, but staff was revising large parts of the disaster plan. Councilman Rindone asked if it was staffs intent to eventually present a report to Council for at least informational purposes. Mr. Thomson responded that they would certainly be glad to do that. Councilman Malcolm b. Councilman Malcolm stated that they needed to take a position on AB-408. AB-408 would change parking citations from being administered by the courts to being tumed over to the City for enforcement, collection and hearings. MSUC (Nader/Malcolm) that an urgency situation exists. MSUC (Malcolm/Moore) to oppose AB-408. c. Councilman Malcolm stated that the new Downtown Business Administrator had quit. He thought that the police needed to do something to get the solicitors off the streets and to quit harassing patrons. d. Councilman Malcolm stated that the SDG&E landscaping needed to be checked to make sure that it had grown and did not block the views from the marinas and down "j" Street. e. Councilman Malcolm asked the Mayor if he had been informed that Mexico was going to be looking toward privatizing the airport. Mayor Nader responded that it was not exactly correct. City Attorney Boogaard cautioned that they were entering into a deliberation. Councilman Malcolm stated that he thought the Council needed to know yes or no as to whether or not the Mayor had met wifl~ a Mexican official that day and been informed that Mexico was looking at privatizing. Mayor Nader said he did not meet with an official of the Mexican government and the person he did meet with stressed that he could not speak for the Mexican government. The person indicated that it could be Minutes August 4, 1992 Page 16 that there was a discussion of privatizing going on. He also indicated that the discussion would not be along the TwinPorts lines, hut he was not speaking for the Mexican government. Councilwoman Horton f. Councilwoman Horton stated that after Council's discussion the previous week in closed session, discussing some of the conflicts between a couple of the departments, she thought a solution would be to possibly move the meeting date over one day. It would give the Council more time to review the volume of the information that they were given on Fridays and would give the public more access, more time to receive their notices and help eliminate last minute requests from Council to the City Attorney's office. After discussing the item with the City Manager~s office and the City Clerk's office, they led her to believe that was possible but recommended that they consider having their packets presented to them on Thursday night. She felt that the volume of information that Council received was totally outrageous but giving them an extra day would provide them more time to get through the information. She said the City Manager did request that Council give the departments thirty days to implement the change. MSUC (Horton/Rindone) to change the deadline from Friday to Thursday for ddivery of the agenda packet and noticing to the public, to be effective in October. City Attorney Boogaard stated there was a matter of some urgency that came up the previous day as a result of the settlement discussion he had regarding Siroonian versus the City of Chula Vista. He needed to discuss it with the Council in closed session. He stated that it would require a 4/Sth's vote. MSC (Nader/Horton) that an urgency existed and add to dosed session Siroonian vs. City of Chula Vista. ) Approved 4-0~1 with Councilman Moore absent. ADJOURNMENT The City Council recessed at 7:00 p.m. and met in closed session at 7:24 p.m. to discuss: Potential litigation pursuant to Government Code Section 54956.9 - City of Chula Vista vs. Otay Municipal Water District. Potential litigation pursuant to Government Code Section 54956.9 - City of Chula Vista vs. EDCO and Bay Cities. Pending litigation pursuant to Government Code Section 54956.9 - Siroonian vs. City of Chula Vista. ADJOURNMENT AT 8:22 p.m. to the Regular City Council Meeting on August 11, 1992 at 6:00 p.m. in the City Council Chambers. An Adjourned Regular Meeting of the Redevelopment Agency was convened at 7:00 p.m., recessed to closed session at 7:22 p.m. and adjourned at 8:22 p.m. Respectfully submitted, BEVERLY A. AUTHELET, CMC, City Clerk