HomeMy WebLinkAboutcc min 1993/04/13 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF CHULA VISTA
Tuesday, April 13, 1993 Council Chambers
6:07 p.m. Public Services Building
CALL TO ORDER
1. ROIL CALL:
PRESENT: Councilmembers Fox, Horton, Moore, Rindone, and Mayor Nader
ALSO PRESENT: John D. Goss, City Manager; Bruce M. Boogaard, City Attorney; and Beverly
A. Authelet, City Clerk
2. pI.RI~aE OF AIJJ~.GIANCE TO THE FLAG. SILENT PRAYER
3. APPROVAL OF MI~: March22, 1993 (Special Meeting), March 23, 1993 and Maxch 30, 1993.
MSUC (Moore/R~done) to approve the minutes of l~a~ch 72, 1993, March 2.3, 199~ and March 30, 199'3
as presented.
4. SPECIAL ORDERS OF THE DAY:
a. Proclaiming the month of April 1993 as *Cornrn~lllity Selvlces Month* - The proclamation was
presented by Mayor Pro Tem Rindone to Sharon Morioka, Human Services Coordinator for the City.
b. In~r~ducti~n~f-W~MEN~SLEADERSHI~EXCHANGERE~RESENTAT~VES~~EileenSutc~i~e~Assistant
Principal, head of faculty of Business and Management of Nelson & Colne College, Nelson, Lancashire,
England and Christine Keogh, Deputy Head of General Education Department, Burriley College, Burnley,
England will be introduced by Maryellene Deason and Trish Axsom. Chula Vista bookmarks were presented
by Mayor Pro Tem Rindone.
c. Proclamation commending 'Project Compassion* for their assistance in relief efforts to the people
of the City of Tijuana - The proclamation was presented by Mayor Pro Tern Rindone to Becky Lucero.
d. Proclaiming the week of April lO - 16, 1993 as *Telecommunicaljons Week*. The proclamation was
presented by Mayor Pro Tem Rindone to Lara Turner, Lead Communications Operator, City of Chula Vista.
CONSENT C~I-I~I~DAR
(Items pulled: 9B, 12, 15, 21, 22, 23)
BALANCE OF THE CONSENT CAI~.NDAR O~ BY MAYOR NADER, reading of the text was waived,
passed and approved unanimously. Councilman Rindone voted no on Item 8; Mayor Nader and Cotmeilmau
Fox voted no on item 9k
5. WRI rrF_.~l COMMUNICATIONS:
a. Claim~ against the City:. Claimant Number 1 - Leslie Grace Stevenson, c/o Beth S. Schiralli, Esq.,
Berger, Hahn, Shafton, Moss, Figler, Simon & Gladstone, 101 West Broadway, Suite 1950, San Diego, CA
92101; and Claimant Number 2 - Colleen Quinn, c/o Samuel Jefferson Frazier, III, Attorney at Law, 8950
Villa La Jolla Drive, Suite 2212, La Jolla, CA 92037. It is the recommendation of the City's claims adjuston,
Carl Warren & Company, and Risk Management staff that the claims be denied.
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April 13, 1993
Page 2
b. Letter of complaint regarding a Housing Inspector - Tom B. Arena, P. O. Box 530004, San Diego,
CA 92153. It is recommended that the letter be referred to the Director of Building and Housing for
investigation and a subsequent report back to Council.
c. Letter recommending that the miniature rose be proclaimed as the City's official flower and one
month each year as 'Miniature Rose Month' - Susan O'Brien, Tiny Petal's Nursery, 489 Minor Avenue, Chula
Vista, CA 92010. It is recommended that the City flower remain the geranium. Council, may, however, wish
to consider proclaiming this month "Miniature Rose Month" as was done in April 1991.
d. Letter requesting the City join with San Diego City and County Govemment~ in contributing to the
financial support of the Regional Task Force on the Homeless ~ Mayor Susan Golding, City of San Diego,
Supervisor Leon L. Williams, County of San Diego, and Supervisor John MacDonald, County of San Diego,
Regional Task Force on the Homeless, 655 Fourth Avenue, San Diego, CA 92101. It is recommended that
the request be deferred for consideration in the 1993-94 Block Grant Budget, at which time a
recommendation for funding will be made.
e. Letter of resignation from the Growth Management Oversight Comrnlnsion - Harold Coleman, Jr.,
Mclnnis, Fitzgerald, Rees, Sharkey & Mclntyre, Attorneys at Law, 1230 Columbia Street, Suite 800, San
Diego, CA 92101. It is recommended that the resignation be accepted with regret and that the City Clerk
be directed to post the vacancy immediately in the Clerk's Office and the Public Library in accordance with
the Maddy Act.
f. Letter seeking support and requesting the City adopt a resolution supporting the position of the City
of Imperial Beach that interim ordinances are not subject to Coastal Commission review as they are
temporap] in nature - Diane Rose, Acting Mayor, City of Imperial Beach, 825 Imperial Beach Blvd., Imperial
Beach, CA 91932. The City Attorney recommends support and has prepared a resolution of support for
Council to approve.
RESOLUTION 17056 SUPPORTING THE POSITION OF THE CITY OF IMPERIAL BEACH THAT INTERIM
ORDINANCES ARE NOT SUBJECT TO COASTAL COMMISSION REVIEW AS THEY ARE TEMPORARY IN
NATURE
6. ORDINANCE 2549 AMENDING SECTION 9.20.040 OF THE MUNICIPAL CODE TO PERMIT
THE POLICE CHIEF TO OFFER A DIVERSION PROGRAM OF COMMUNITY SERVICE WITH PARENTAL
SUPERVISION TO MINORS ENGAGING IN CRI1VIINAL AL'HVITY AND ADULTS CO1V~TtlNG GRAI~FI'I1
OFFENSES (mecond readinl and adontion) - All South Bay cities, the County, and the juvenile court judges,
prosecutors, and probation officers are being encouraged to agree on a coordinated approach to solving the
graffiti problem. One significant element of the effort is to efficiently administer rehabilitation to the graffiti
violator by quickly assigning the violator to a significant period of community service (30 hours3, and
requiring the parent or guardian to be present during that community service (50% of the assigned hours).
The modification to the graffiti ordinance will empower the Police Chief to make those offers in lieu of
commencing prosecution of the violator. Staff recommends Council place the ordinance on second reading
and adoption. (City Attorney)
7. ORDINANCE 2545 ADOPTING NEGATIVE DECLARATION IS-93-17/19 AND ADDENDUM
THERETO AND ADOPTING LOCAL COASTAL PROGRAM (LCP) NUMBER F.I.R~N AMENDING CERTAIN
SECTIONS OF THE MUNICIPAL CODE TITLE 19, ZONING CHAFFER 19.07.035, RELATING TO THE
BAYFRONT SPECIFIC PLAN TO ALLOW (F~RTAIN LAND USE CATEGORIES BY CONDITIONAL USE PERMIT
~ THE INDUSTRIAL: GF2qERAL LAND IJSE DESIGNATION WITH THE I.CP (second readlnl and
adoption) - Amendment Number Eleven to the certified LCP is being proposed to allow certain land uses,
by conditional use permit, with the LCP's Industrial: General land use designation in order to implement
a development proposal to allow National University to operate evening classes at 660 Bay Boulevard and
Minutes
April 13, 1993
Page 3
to provide for child-care facilities in the Bayfront (City initiated proposal). The amendment proposes to
allow educational services, commercial activities and child-care civic activities within the LCP's overall
Induslz/al: General land use designation. Staff recommends Council place the ordinance on second reading
and adoption. (Director of Community Development)
8. ORDINANCE 2547 AMENDING SECTIONS 3.44.021, 9.12.160, 9.12.280, 9.13.050, 13.14.090,
13.14.100, 13.14.110, 13.14.120 AND 13.14.150 OF THE MUNICIPAL CODE AND ADDING SECTIONS
5.36.035 AND 15.36.015 OF THE MUNICIPAL CODE, RELATING TO FEES AND SERVICE CHARGES (second
readin~ and adoption) - The ordinance provides for adminislzative changes to several sections of the
Municipal Code related to the assessment of fees and service charges. Adoption of the ordinance would have
no independent effect on the level at which fees are assessed. Staff recommends Council place the ordinance
on second reading and adoption. (Director of Finance)
Councilman Rindone voted no on Ordinance 2547.
9.A. ORDINANCE 2548 APPR OVING THE PREZONING TO P-C PLANNED COMMUNITY (PCZ 93-H)
FOR THE SAN MIGDEL RANCH GENERAL DEVELOPMENT PLAN fsecond reading and adol~tion) -
Development of up to 1,619 dwelling units and related uses is proposed on 2,590 acres. Staff recommends
Council place the ordinance on second reading and adoption. (Director of Planning)
Mayor Nader and Councilman Fox voted no on Ordinance 2548.
B. RESOLUTION 17057 AMENDING RESOLUTION 17049 FOR SAN MIGUEL RANCH REGARDING
CITIZEN INPUT INTO THE SAM MIGUEL RANCH SPA PLAN AND PAYMENT OF COSTS - On 3/23/93,
Council added a condition of approval to the GDP requiring citizen input at the SPA level and directed staff
to return with the composition of the committee for Council approval. If approved, this resolution will
amend condition number thirteen which deals generally with citizen input requirement, and will specify the
committee makeup as approved by Council. Staff recommends approval of the resolution. (Director of
Planning) Pulled from the Consent Calendar.
Councilman Fox stated he could not remember what the action was from the previous meeting. However,
the minutes reflected that the applicant actually appointed the citizens' ad hoc committee with Council's
approval. Apparently that meant the groups, not the names of individuals; the Council could add to that
list. He wanted to add two groups to the list, i.e. the Sierra Club and Crossroads.
MS (FOX/NADER) to add the Sierra Club and Crossroads to the Citizens' Ad Hoc Committee.
Mayor Nader supported the Sierra Club and Crossroads being involved. However, Council could act at any
time to add anyone, therefore, he did not feel the motion was necessary.
Councilman Rindone stated it was his understanding that Crossroad membership was not open to anyone
who wanted to join.
Mayor Nader asked if Crossroads had indicated a desire to be represented on the group.
David Nairne, representing San Miguel Parmers, stated Crossroads had not artended all of the hearings, and
had not indicated they wanted to become members. San Mignel put in the names of those who had
indicated they wanted to become members.
Mayor Nader suggested that if Crossroads had someone they wanted on the committee, they nominate that
individual. He asked Councilman Fox if that would be acceptable.
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April 13, 1993
Page 4
Councilman Fox responded that it would be.
MOTION CI~RIFIED: Crossroads, if they are interested in serving on the committee, submit a name of
someone who wanted to serve. As the second, Mayor Nader accepted the clarification. Motion carried 3-1-1
CMoore no; Hotton absent).
Councilman Moore asked the applicant if there was another body that the City should solicit an application
from.
Mr. Nairne, representing San Miguel Partners, responded that the objective was to take a representative from
appropriate interest groups in the area and keep it to a manageable size with a balance between the
members. The original list had been proposed by staff. They went through it, culled some members and
added others. The Sierra Club had been mentioned, but had not been included because they were part of
the Endangered Habitats League, but he did not mind having them.
RESOLUTION 17057 AS AMENDED OFP'MIED BY COUNCILMAN FOX, reading of the text was waived,
passed, and approved unanimously.
10. ORDINANCE 2550 AMENDING CI-]AFrER 3.48 OF TIlE MUNICIPAL CODE TO PERMIT THE
FINANCING OF PROJECTS BY TAX-EXEMPT ORGANIZATIONS (first reading} - The City is currently
considering the institution of proceedings to provide financing for the acquisition and construction of various
projects by organizations which are exempt from Federal income taxation pursuant to Section 501 (c)(3) of
the Internal Revenue Code of 1986 by amending Chapter 3.48 of the Municipal Code. Staff recommends
Council place the ordinance on first reading. (Director of Community Development)
11. ~LUTION 17058 AMENDING FISCAL YEAR (FY) 1992-93 BUDGET AU'rHOR1ZING AN
APPROPRIATION FROM THE LIABILITY TRUST FUND TO THE LIABILITY INSURANCE ACCOUNT - Due to
unexpected legal defense costs and claims settlements, an appropriation from the Liability Trust Fund is
needed to cover expenses through the end of FY 1992-93. Staff recommends approval of the resolution.
(Director of Personnel) 4/5th's vote required.
12. RESOLLrl]ON 17059 AUTHORIZINGTHEDEPARTMENTOFGENERALSERVICESOFTHESTATE
OF CALIFORNIA TO PURCHASE VEHICIJ;S ON BEHALF OF THE CrlY - The Fiscal Year 1992-93 budget
provides for the replacement of nineteen vehicles in the Equipment Replacement Fund. One additional
vehicle will be purchased from the Emergency Equipment Purchase Account. Resolution 6132 authorizes
the City to participate in a cooperative bid with the State for the purchase of the vehicles. Staff recommends
approval of the resolution. (Director of Finance) Pulled from the Consent Calendar.
David Byers, Deputy Public Works Director/Operations, stated the State bid did not contain any CNG sedans
or mini vans. It contained alternative fuel sedans, but they were methanoi or gasoline. Staff was currently
opposed to using methanoi as a fuel. The only CNG vehicles which were offered on the State bid were full
sized 3/4 ton pickup u-ucks. Purchasing was seeking compact trucks since they cost about $2,500 less and
the operating costs were less. The difference between the compact truck and the CNG full sized u-uck was
in excess of $7,000.
Mayor Nader asked how great a cost savings on the mini van and pick up u'uck was expected by going with
the State bid.
Lyrnan Christopher, Director of Finance, stated he did not have an estimate of the cost savings, but the State )
bought for local agencies all over the State of California, so based on quantity they received very attractive
discounts. That was why the City used the State bid every year for certain types of vehicles,
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April 13, 1993
Page S
Assistant City Manager Morris stated the van would be used by the Fire Marshall and her staff for inspection
tours; and in responding to crime scenes, it would be used as a command center. They were currently using
a pick up truck. A mini van offered the advantage of accessing materials and equipment which they carried
with them. Since the pick up needs to be replaced, it was being recommended to acquire a mini van so they
could accomplish their work in a more convenient fashion.
Mr. Byers stated the sedan would be used by the Fire Chief. The current acting Fire Chief intended to
respond to emergency situations. It would not have light bars but would have flashing lights in the grill and
a siren.
MOTION: (NADER) to trail bids until after the April 22nd workshop.
Councilman Fox inquired about any time constraints.
Mr. Christopher stated there was a deadline they were trying to meet to get onto the State bid. Stafffaxed
a copy of the resolution so they would have the information in advance, and staff was to fax a confirmation
tomorrow. If it was not done, it could be too late to get onto the State bid for the current year and the City
would have to go out in a normal bid process.
Councilman Moore stated he would rather pursue alternate fuel type of vehicles as a routine budget matter.
MOTION DIED FOR A LACK OF SECOND.
RESOLUTION 17059 OFFFA/ED BY COUNCILMAN FOX, reading of the text was waived, passed, and approved
un~nlmOUs]y.
13. RESOLUTION 17060 ALLOWING THE CLOSURE OF THIRD AVENUE FROM "E' TO "I~ b-t-I~EET
IN ORDER TO CONDUCT A FESTIVAL ON MAY 2o 1993, WAIVING OF THE SIDEWALK SALES ORDINANCE,
AND THE BUSINESS LICENSE l~P-q FOR THE CINCOFEST 1993 - The Chula Vista Business Association is
requesting permission to close Third Avenue between "E" and "F" Street in order to conduct CincoFest 1993
on Sunday, 5/2/93 from 6:00 a.m. to 8:00 p.m. The festivities for the event will include live entertainment
along with 100 arts and crafts booths. The Ronald McDonald Show will also be part of the entertainment
for the day, Staff recommends approval of the resolution. (Director of Community Development)
14. RESOLUTION 17061 ACCEPTING I-IBRARY SERVICES AND CONSTRUCTION ACT (ISCA), TITLE
I GRANT FUNDS AWARDED TO THE PUBLIC LIBRARY FOR COMPLI/~ICE WITH THE AMERICANS ~
DISABILITIES ACT, APPROPRIATING FUNDS AND AMENDING THE FISGAL YEAR (FY) 1992-93 BUDGET -
The State Librarian has awarded Federal LSCA funds in the amount of $29,950 to the Public Library for a
model library service program for people with disabilities. The funds will be used for the installation of
auxiliary aids, adaptive technology and furnishings in compliance with the Americans with Disabilities Act
which must be expended by 9/30/93. Staff recommends approval of the resolution. (Acting Library
Director) 4/Sth's vote required.
15. RESOLUTION 17040 RESCINDINGRESOLUTION16959WHICHCHANGEDTHENAMEOFOTAY
LAKES ROAD TO TRI.RGRAPH CANYON ROAD BETWEEN TRI~.GRAPH CANYON ROAD AND WUESTE
ROAD - The street name change was approved on 1/12/93 by Council. The item was reconsidered on
3/2/93, at which time the Council overearned their original decision. Staff recommends approval of the
resolution. (Director of Planning) Continued from the meeting of 3/23/93. Pulled from the Consent
Calendar.
Minutes
April 13, 1993
Page 6
Councilman Rindone wanted to make it clear that when Council discussed an altemative, it was not so much
one particular name but the concept of having one name instead of having four names.
Councilwoman Horton requested that Item 15 be consolidated with the item regarding the name change
under her comments.
MSUC (Horton/Rindone) to continue the item to Apra 27, 1993.
16. RESOLUTION 17062 AUTHORIZING Fr. MPORAKY b'iREET CLOSURES ON MAY 7, 1993 FOR A
PARADE SPONSORED BY PALOMAR R! J~MENTARY SCHOOL - The principal of Palomar Elementary School
has requested permission to conduct a school parade on 5/7/93 from 9:45 a.m. to 10:45 a.m. The parade
is the culminating event in the school's "Spirit Week" celebration. Approximately 500 students from the
school will participate, along with a marching band from Castle Park Middle School. The school has
conducted this parade for several years without incident. Staff recommends approval of the resolution.
(Director of Parks and Recreation)
17. RESOLUTION 17063 ALrrHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION FOR
FEDERAL GRANT FUNDING TO PURCHASE AND INSTALL AN EMERGENCY VEHICLE TRAFFIC SIGNAL
PREEMPTION SY:>-IEM - Staff recommends Council authorize the City Manager to submit a grant
application for funds for the purchase and installation of an emergency vehicle traffic signal pre-emption
system within the City. Special grant funds, administered by the California Staff Office of Traffic Safety, are
available under the National Highway Safety Act of 1966. Staff recommends approval of the resolution.
(Director of Public Works and Fire Chief)
Mayor Nader stated he had been told in the past that the type of program being recommended was not
appropriate due to safety concerns and questioned whether the recommendation reflected new conditions
or evaluation by different staff.
City Manager Goss stated the former Fire Chief had expressed concerns but he had not had the opportunity
to discuss the item with the Acting Fire Chief. He assumed they had a different perspective.
James Hardiman, Acting Fire Chief, stated there were no serious objections regarding safety matters.
18. RESOLUTION 17064 APPROVINGTEMPORARY(1OSURESONVARIOUSSTRI~tSlNE.ASTI/9~
Kiewit Pacific Company is requesting some temporary detours and street closures to allow for the
construction of the San Diego County Water Authority - Second San Diego aqueduct pipeline extension
project. Staff recommends approval of the resolution. (Director of Public Works)
19. RESOLUTION 17065 APPROVING AN AGpRRMENT WITH PACIFIC BRIJ, FOR INSTAllATION
OF A TRAFFIC SIGNAL AT OLEANDER AVENUE AND OTAY V~IJ.I%-Y ROAD AND AUTHORIZING THE
MAYOR TO EXECIrrE ON BEHAlf OF THE Ul-tY Pacific Bell proposes to fund the design and construction
of a traffic signal at the intersection of Otay Valley Road and Oleander Avenue to improve ingress and egress
from Pacific Bell's site at said intersection. Staff recommends approval of the resolution. (Director of Public
Works)
20.A. RESOLUTION 17066 APPROVINGANAGI~RRMENTFORDEFERRALOFPARKACQUISITIONAND
DEVELOPMENT FEES AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGI~RRMENT - On 3/14/90,
the City Planning Commission approved the Tentative Map for Tract 90-05, Villa del Rey Condominiums.
Minutes
April 13, 1993
Page 7
Staff recommends approval of the resolutions. (Director of Public Works and Director of Parks and
Recreation)
B. RESOLUTION 17067 APPROVING THE FINAL MAP FOR TRACT 90-05, V~I.IA DEL REY
CONDOIMINIUMS
21. RESOLUTION 17068 APPROVING SUBMISSION OF FISCAL YEAR (FY) 1993-94
TRANSPORTATION DEVELOPMENT ACT CrDA) ARTICI ~. 4.0 CLAIM - The FY 1993 -94 TDA Article 4.0 claim
to fund transit operations and capital procurements was submitted to the San Diego Association of
Governments (SANElAG) and the Metropolitan Transit Development Board CMTDB) on 4/1/93 as required
by State law, The total claim is in the mount of $2,176,040, consisting of $2,063,986 from the City's TDA
account and $112,0S4 from the Count~s TDA account. Staff recommends approval of the resolution.
(Director of Public Works) Pulled from the Consent Calendar.
Carolyn Buffer, 97 Bishop Street, Chula Vista, 91911, stated she owed the Council an apology for her
behavior. She was upset because it was almost 11:00 p,m. and the busses had stopped running for the night
and she had no way home. Although she supported the budget for transit, she asked Coune~ to give some
consideration for Dial-a-Ride. People, like herself, needed it. It was going to cost her $12.00 to get home.
William Gustafson, Transit Coordinator, responded that Dial-a-Ride was an advance reservation system where
one calls up and a vehicle comes to pick you up. Handytrans was a Dial-a-Ride system, so there was a Dial-
a-Ride system in Chula Vista. What Ms. Buffer wanted was a program llke San Diego's coupon system
whereby they could get a set dollar amount of taxi coupons monthly. One could then call a taxi that
participated in the program, the taxi would pick a person up and take them anywhere in the region. San
Diego was phasing out the system because it did not meet the Americans with Disabilities Act (ADA)
requirements because it limited the number of trips taken on a monthly basis. There were also income
restrictions and no ear ownership, ete. which limited the use of the system. Ms. Buffer liked the system
because she could call a taxi at any time as long as she still had coupons for the month, The system like
Handytrans where you call a day in advance did meet the requirements of ADA. The City was under an
obligation to provide comparable service to fixed route transit service.
Mayor Nader asked if a decision would commit the Council for the coming year so they could not change
systems. Mr. Gustafson responded no. The items before Council were to request funding for the coming
fiscal year based on the preliminary budget. Council could modify it at any time in the future.
RESOLUTIONS 17068, 17069, AND 17070 OI.-vERED BY COUNCILMAN MOORE, reading of the text wa~
waived, passed, and approved unardmonsly.
Ms. Buffer stated she had to give HandyYrans an eight-day notice. In emergency situations, people have to
call three days in advance.
Mr. Gustarson responded there could be times when they were booked up, and there would be a time delay
in getting a reservation.
MSUC (NADER/FOX) to refer Ms. Butier's concerns regarding the operations ofl-landytrans and Dial-a-Ride
to the l-lum;n Relations Commission with a request that they investigate the time lag requirements and
hours, especially the eight day waiting period, and report back to Counc~.
22. RESOLUTION 17069 APPROVING AN AGREFIdENT WITH THE COUNTY OF SAN DIEGO FOR
PUBLIC TRANSPORTATION SERVICES FOR FISCAL YEAR (FY) 1993-94 - The agreement authorizes the City
to claim $112,054 in County Transportation Development Act CIDA) Article 4.0 funds for transit services
Minutes
April 13, 1993
Page 8
in the unincorporated areas during FY 1993-94. Staff recommends approval of the resolution. (Director of
Public Works) Pulled from the Consent Calendar.
23. RESOLUTION 17070 APPROVING SUBMISSION OF FISCAL YEAR CFY) 1993-94
TRANSPORTATION DEVELOPMENT ACT CrDA) ARTICLE 4.5 CLAIM FOR HANDYTRANS OPERATION - The
claim will fund Handytrans operation for FY 1993-94. Staff recommends approval of the resolution.
(Director of Public Works) Pulled from the Conse~t Calendar.
24. RESOLUTION 17071 APPROVING A CERTIFICATE OF REALLOCATION WITH THE C;l'tY OF
O-IULA VISTA, KAISER FOUNDATION HOSPITALS AND ~ DEVELOPMENT COMPANY - On 7/2/92,
the City entered into a Development Agreement with Kaiser Foundation Hospital. The Development
Agreement places a threshold on the buildout of the Kaiser Hospital and also limits the amount of
development permitted by EastLake Development Company until State Route 125 is constructed. The
development deferrals were deemed necessary to mitigate traffic impacts identified in the Kaiser Hospital
Environmental Impact Report. The Development Agreement provides that additional traffic studies of the
existing Zion Avenue Kaiser Hospital in San Diego be the basis for establishing a traffic generation rate.
Such a study was performed. Staff recommends approval of the resolution. (Director of Public Works)
* * END OF CONSENT CALENDAR * *
PUBLIC HEARINGS AND RF. IATED RESOLUTIONS AND ORDINANCI~_~
25. PUBLIC HEARING CON(~ARNING THE APPEAL OF THE CO~]~I'[~ DEVELOPMENT
D1RECTOR~J APPROVAL OF THE APPLICATION TO CLOSE TWIN PALMS MOBILE HOME PARK - In
November 1992, the Community Development Director approved an application to close Twin Palms Mobile
Home Park. The approval was appealed to Council. Staff recommends approval of the resolution. (Director
of Community Development)
RESOLUTION 17072 AI~-J~IRMING THE DE(~SION OF THE COMMUNITY DEVELOPMENT
DIRECTOR TO ALLOW THE CLOSURE OF TWIN PALMS MOBILE HOME PARK AND MAKING CERTAIN
FINDINGS OF FACT DEMONSTKATING THAT THE REQUIREMENTS OF CHAFYER 9.40 OF THE MUNICIPAL
CODE HAVE BEF_aN FIJLFIH.F.r~
Counc~man Fox questioned whether the two residents that were having trouble moving out had purchased
or entered into a lease agreement after the period of time the park owner was required to notify the
residents of the park closure.
Alisa Rogers, Community Development Specialist, responded they were existing residents when the
notification was given.
This being the time and place as advertised, the public hearing was declared open.
Robert Scott, representing the owners of Twin Palms Trailer Park, stated he had been personally involved
in the relocation of 151 coaches to the mutual satisfaction of those relocated and the owners and users of
the property. The Moreno's were not residents of the park until after the noticing of the closure of the park.
Mrs. Moreno had been adamant that she wanted to get into public housing. It was his understanding that
all the paperwork for the Moreno's had been completed and they were close to being able to hear the final
determination from the developer and staff on their application. The second party that appealed had assured
them there was no problem but had been under peer pressure to file an appeal. She also wanted to be in
public housing but was not able to qualify under the rules. Both tenants had been offered multiple
Minutes
April13, 1993
Page 9
alternatives and they would continue to leave offers open and would work with them until January when
the park would close.
There being no further public testimony, the public hearing was declared closed.
RESOLUTI ON 17072 OFFERED BY COUNCILWOMAN HORTON, reading of the text was waived. Passed and
approved unanimously.
26. PUBLIC HF_ARING VARIANCE ZAV-93-06; APPEAL OF THE DECISION OF THE PLAI~qNG
COM1M]SSION TO DENY A REQUF_,.%~ TO REDUCE THE REQ~ SIDEYARD SETBACK FROM TEN FEET
TO SIX FEET AT 140 MANKATO b-rREET - GERALD DREWElF FOR CORA MARGUIA- The proposal seeks
to reduce the sideyard setback from 10 feet to 6 feet in order to construct a 15 foot by 33 foot (495 square
feet) carport on the westerly side of the dwelling at 140 Mankato Street in the R-1 zone. The Zoning
Administrator denied the request on 12/14/92, and the Planning Commission affirmed the decision and
denied an appeal on 1/27/93. The matter has been appealed to Council. Staff recommends approval of the
resolution. (Director of Planning) Continued from the meeting of 3/23/93.
RESOLU'HON 17073 AFHRMING THE DECISION OF THE PLANNING COMMISSION AND
THEREBY DENYING THE APPEAL ON ZAV-93-06
This being the time and place as advertised, the public hearing was declared open.
Maggie Helton, 162 Mankam Street, Chula Vista, CA, spoke against the waiver. Chrisunas Circle was a
special area and should be kept as it was.
Jerry Drewett, gl 1 Halecrest Drive, Chula Vista, CA, representing J & D Construction, stated other property
owners in the area enjoyed the use of smaller side yard setbacks and would not pose any delriment to
adjoining properties or the general plan of the City. Staff and the Planning Commission had devised
alternative plans but they did not address the installation in the future of a wheelchair ramp. Each
recommendation seemed to create a maneuvering problem in getting into the garage or around the
structures proposed.
Councilman Rindone questioned whether Mr. Drewett was empowered to speak on behalf of the applicant.
Mr. Drewett responded he was.
Councilman Rindone questioned what the statement regarding the wheelchair access referred to in the staff
report.
Mr. Drewett responded the homeowner had diabetes and had been informed by her doctors that within the
next two years she would probably be in a wheelchair. The idea behind the carport was to construct in the
future a wheelchair ramp off a side door that would give her covered access to her vehicle.
There being no further public testimony, the public hearing was declared closed.
RESOLUTION 17073 OFI"FAED BY COUNCILMAN RINDONE, reading of the text was waived.
Mayor Nader stated staff had presented alternatives that would have accommodated the disability concern
and the Planning Commission had also unanimously supported the staff decision. When he had any doubt
he tended to defer to the Commissioners that specialized in the area and held extensive hearings.
Councilman Rindone stated the five lots that had the non-conforming setbacks were all legal non-conforming
setbacks and Council had not approved any waivers. Action by Council would be consistent with past action.
Minutes
April 13, 1993
Page 10
VOTE ON RESOLUTION 17073: approved unsnimously.
27. PUBLIC HEARING CONSIDERING CONSOLIDATION OF OPEN SPACE DISTRICTS 14 (BONITA
LONG CANYON SUBDM SION) AND 24 (CANYON VIEYVS SUBDM SION) -On 2/23/93, Council declared
the City's intent to consolidate Open Space Districts 14 and 24 and set 4/13/93 and 4/20/93 for public
hearings on the proposed consolidation. All property owners within the two districts have been notified by
mail of the two hearings. Staff recommends Council open and close the tirst public hearing pursuant to the
Landscaping and Lighting Act of 1972. Council cannot take action until after the second hearing which is
scheduled for 4/20/93. (Director of Public Works and Director of Parks and Recreation)
John Lippitt, Director of Public Works, stated the public hearing was the first of two public hearings required
due to a new state law for formation or reorganization of assessment districts. He gave a brief review of the
background of the proposal and the pro's and con's of combining the districts. Staff recommended that after
the hearing next week if there was a majority protest by land area Council had to discontinue the
proceedings. If there was not a majority protest Council could approve the consolidation or disapprove the
consolidation at the 4/27/93 meeting.
Councilman l~indone questioned whether Council could vote to discontinue the consolidation now. He had
voted against the item on 2/23/93 and felt it was a waste of time and City resources.
City Attorney Boogaard responded that Council could terminate the proceedings+
MS (Rindonefiqader) to cease all action and discontinue any further action for consolidation.
Mayor Nader stated he had voted no at the 6/92 meeting when the item had been initiated. He felt it was
somewhat misleading to the residents of Canyon View to tell them their problem would be solved by
consolidating with a larger district when the City had not contacted the larger district. The response
received verified it was a mistake to initiate the consolidation without first sounding out the residents in the
other district.
Robert Agae, 1847 Caralyn Drive, Chula Vista, CA, resident of Canyon View, spoke in support of the
consolidation. He felt the open space area was a benefit to both areas as well as everyone that drove
through the area.
Councilman Rindone stated the purpose of the open space district was to provide an area to live in which
everyone was proud, but the motion on the floor did not change the status of the two open space districts.
The districts were already approved and funded. The success of the Canyon View district was a separate
issue.
VOTE ON MOTION: apprnved unanimously.
MS (NaderfMoore) to direct staff to bx~ng back a report on turning respons~ility for maintenance for the
Canyon View Open Space District over to the Canyon View Homeowners Assodation with certain guide.lines
to be set up to assure quality of the maintenance.
Councilman Moore wanted staff to work with the Homeowners Association and/or developer to review
Landscape Open Space District Number 24 to potentially reduce the annual operation and maintenance and
include who would control the open space district.
Mayor Nader stated the referral would be to explore all options for bringing the cost of operatinn down and
the options would include, but not limited to, turning the responsibifity over to the Homeowners Association.
Minutes
April 13, 1993
Page 11
Councilman Moore felt that scenic route open spaces should be looked at earlier in the planning stages and
felt the problem could be avoided in the future.
Councilman Rindone wanted to clarify that the motion included various options but did not include a
general tax to the citizens of the City for the maintenance of the open space area.
Ray Ford, 1857 Carolyn Drive, Chula Vista, CA, resident of Canyon View, felt the residents were being
penalized because the area had been developed at a different time by a different developer, He felt there
had to be some type of solution for the homeowners.
Edward Trujillo, 1843 Carolyn Drive, Chula Vista, CA, resident of Canyon View, felt the assessment was out
of line with the surrounding areas.
Rod Davis, 653 Redlands Place, Bonita CA resident of Bonita Long Canyon, questioned if S1% of the
residents had signed a petition it would have been a dead issue.
Councilman Rindone responded it had to have been 51% of the land area,
Mayor Nader suggested that the information be included in public notices in the future.
Luis Huerta, resident of Canyon View, stated there had been no prior disclosure of what the assessment
would be. The City should look at the unfairness and inequity of having forty homeowners pay a fee for an
area that everyone enjoyed, Transferring the maintenance to the Homeowners Association was a/so an
unfair burden,
Kate Shurson, 739 Baylot Avenue, Chula Vista, CA, resident of Bonita Long Canyon, stated it was not a
Bonita Long Canyon problem.
VOTE ON MOTION: approved unanimously.
MS (lVloore/Rindone) to direct staff that in the future open space on scenic routes will be pursued to a
higher level in the initial development stage, Le. gradient slopes, number of residents, costs, etc.
Councilman Rindone questioned whether the intent of the motion was that the assessment district had to
be established prior to sales.
Coullcilrnan Moore stated he would incorporate that into the motion if it was not currenfiy City policy.
VOTE ON MOTION AS AMENDED: approved unanimously.
* * * Council recessed at 7:35 p.m. and reconvened at 7:52 p.m.
ORAL COMMUNICATIONS
· Theodore Neff, 841 Fairway Court, Chula Vista, CA, was not present when called to the dias.
· William E. Claycomb, 457 Delaware Street, Imperial Beach, CA, representing Save Our Bay, Inc.,
expressed concern regarding proposed activities at the Nautical Training Center and the impacts upon the
diving ducks.
· Sam Judd, 2646 Balboa Vista Drive, San Diego, CA, representing the San Diego Electric Railway
Association, stated they had worked with National City for ISTEA grants to obtain the National City Depot.
Minutes
April 13, 1993
Page 12
He offered their services in helping the City to prepare a grant to run an historic trolley along the Coronado
branch line on the bayfront.
Councilman Rindone questioned whether they were affiliated with the San Diego Railroad Museum.
Mr. Judd responded they were not affiliated but were in conceptual agreement with them regarding the
Councilman Rindone stated the San Diego Railroad Museum had expressed interest in a passenger excursion
train which was different than the Western Group proposal.
· William Niedrich, 2114 Fairfield Street, San Diego, CA, representing the San Diego Electric Railway
Association, gave a brief history of their association.
MS (Nader/Rindone) to refer Mr. Judd's and Mr. Neidrich's comments and the San Diego Electric Railway
Association to staff for the purpose of working with the Association and any other interested comrntlnity
groups on the development of a potential Ib'l'IdA grant application to facilitate the potential operation of an
elecllic and/or steam train along the bayfronL
Councilman Rindone stated that would also include working with the San Diego Railroad Museum.
Councfiman Moore stated he did not expect extensive staff time. The applicants should supply the
information for staff review with advice back to Council on the next phase.
Mayor Nader stated he expected staff, before making any substantial commiunent of substantial City
resources, to come back to Council with what they anticipated being necessary to move forward.
Assistant City Manager Morris felt ten staff hours would be acceptable.
VO/E ON MOTION: approved unanimously.
· Lyle Judd, 2646 Balboa Vista Drive, San Diego, CA, representing the San Diego Electric Railway
Association, offered to provide their aide with the paper work, leg work, and savvy.
· Bruce Darby, 2840 Adams Avenue #202, San Diego, CA, representing CVT Bus Drivers Local #481,
stated the Union and the company had finished contract negotiations and he felt confident that the contract
negotiated had a strong chance of being ratified by the drivers. Upon reading the RFP he was concerned
to find there were wage standards for full-time drivers but no requirement as to what percentage of the work
force was to be full-time. He was concerned there would be bids submitted that intended to use only part-
time drivers. He had been informed that if the bid was to be awarded to someone other then ACT VanCom,
the labor peace that now existed would not exist. Their attorney had informed him that if certain criteria
was met they could make an argument for a successor company to represent the employees they currently
represented. He requested that Council do the right thing and when they received the recommendation from
the committee ask them what percentage of the drivers would be full-time.
Mayor Nader wanted to know that under whatever arrangement the City approved those that had been
driving the buses and qualified to continue to do so, would receive some reasonable opportunity to continue
to do so. He wanted staff to address that issue in any subsequent reports to Council.
· Walter Doughty, 246 Broadway #45, Chula Vista, CA, referred to an article in the newspaper
regarding a $700,000 City subsidy for a home for unwed mothers. Due to the state of the economy he
objected to the spending of City funds on such a project.
Mayor Nader questioned what paper Mr. Doughty referred to.
Minutes
April 13, 1993
Page 13
Mr. Doughty responded it was the local newspaper, Star News or Sun Times.
Mayor Nader stated the project was not for unwed mothers. It was a shore-term facility for families with
children and was based on referrals from social services. He requested that the media report the actions of
Council accurately.
· Aracely Moreno, 1689 Broadway #3, Twin Palms Mobile Home Park, Chula Vista, CA, (translated
by Juan Arroyo), stated she had missed the opportunity to address Item 25 and demanded justification for
the violation of Ordinance 2368 regarding park closures. She wanted to see all documents that proved all
requirements had been met to close the park.
Councilman Moore asked Ms. Moreno ff she spoke English.
Ms. Moreno responded she did not. Ms. Moreno stated (translated by Juan Arroyo) she wanted the following
requirements met and proof g~ven to her regarding Chapter 9.40.030-B2(d): 1) the City complied with the
procedures established by the law; and 2) the park owner complied with the requirements. She was
prepared to go to court ff necessary to resolve the issues.
Mayor Nader stated Ms. Moreno had the right to go to court. The public hearing had been held earlier and
the matter had been acted upon and the appeal denied. He questioned whether a reasonable offer had been
made.
Chris Salomone, Director of Community Development, stated he was satisfied with the documentation that
provided to him which stated that offers in excess of those required by the ordinance were tendered to the
resident.
Mayor Nader questioned whether the City would be covered if he directed that the written staff report be
incorporated into the record.
City Attorney Boogaard responded that would be sufficient.
The alternatives offered were: 1) a space in a mobile home park and pay all moving costs
instead of the 25% required by the Chapter (declined because they did not like the
location); 2) a space in a different park (declined because rent was more than they could
afford); and 3) the park owner offered to buy the home since it could be relocated (declined
because the price was too low).
Councilwoman Hotton stated it was her understanding that Ms. Moreno moved in after the notice was given
that the park would close and had been notified when she moved in.
Ms. Moreno (translated by Juan Arroyo) responded she had moved in before the notification.
City Attorney Boogaard requested to hear from the park owner regarding the issue.
Mayor Nader stated that Council heard from the park owner during the public hearing.
City Attorney Boogaard requested clarification on the sequence of events as to when Ms. Moreno moved into
the park.
Councilwoman Horton stated testimony had been given earlier regarding Ms. Moreno.
BOARD AND COMMISSION RECOMMENDATIONS
28. BOARD OF ETHICS WORK PROGRAM - The Board of Ethics seeks Council direction with regard to
the future work program of the Board. They request to meet with Council in a worksession. (Board of
Ethics)
Minutes
April 13, 1993
Page 14
Donald Swanson, Member of the Board of Ethics, stated there were several new members on the Council
and they wanted to have a workshop to receive direction. Several members of the Board felt the code
needed to be revised. Prior to going through such extensive work, they felt it would be better to meet with
Council in a workshop environment to discuss the issues and receive direction.
Mayor Nader suggested that if there were specific changes the Board wanted to recommend, the concept
should be brought forward for Council to discuss. If the concept was approved by Council, it could then be
referred back to the Board and staff to work out the details. Without knowing what the issues were be he
was hesitant, as was staff, to call a workshop.
Councilman Moore stated the ordinance had been heavily reviewed and the first item deleted was City
employees. It was his personal belief that City employees had the management program, Meet and Confer,
and Civil Service. The three employees left in the code were those appointed by Council along with the
elected officials and those appointed by elected officials. He did not see a problem with the ordinance and
had voiced his concern with the Board of Ethics in trying to bring City employees back into the code. He
did not feel the Board of Ethics should have a work program or that a meeting was necessary unless Council
wanted to point out something that was being done wrong. If the Board felt there should be changes they
had authority under the Board and Commission Handbook to make recommendations to the Mayor/Council.
They did not have authority to take a lot of staff time on items that were not under their jurisdiction.
MS (Moore/Fox) the Board of Elhics fidh'll the requiremenl~ of the ordinance which was lint the Board of
Ethics will hold meeting~ at the call of the chair or vice-chair or the majority of the members of the Board
and hold at least one meeting per year,
Mayor Nader stated he wanted to make sure the wrong impression was not being conveyed to the Board.
He would support the motion but it was not a reflection of lack or appreciation of importance of the work
done by the Board. He felt Council was saying the Board was not intended to be a body that went looking
for things to do. If there were issues they felt needed to be addressed they were to meet and convey to
Council the thrust of the issues and make recommendations as appropriate; falling short of consuming a lot
of staff time on fleshing the items out until Council made a policy decision. Council did not want to
discourage the Board from doing that but they did not see the need to go looking for more work for the
Board.
Mr. Swanson stated there were several members that wanted to revise the code which would be quite
extensive.
Mayor Nader suggested that if it was the majority of the members of the Board, or if that number included
the chair of the Board, a meeting should be called to discuss those areas without consuming the staff time
to specifically get legal opinions on every issue, drawing up specific language, and holding hearings to make
recommendations to the Council. Then Council could approve them in concept and refer them back to the
Board and staff to work out the details.
Mr. Swanson stated he did not have a problem with the recommendation.
VOTE ON MOTION: approved unanimously.
29. JOINT WORKSHOP l~qTH THE PARKS AND RECREATION COMMISSION - The Parks and Recreation
Commission is requesting a joint workshop to discuss the goals and expectations for the Fiscal Year 1993-94.
(Parks and Recreation Commission)
Councilman Moore stated he liked the management recommendation to have the discussion as the first item
when their budget was reviewed.
Minutes
April lS, 1993
Page 15
· John Willett, 97 Montebello Street, Chula Vista, CA, representing the Parks and Recreation
Commission, stated the purpose for the workshop would be to review the goals, guidelines, and expectations
of both the Council and the Commission.
Councilman Moore questioned whether the quarte~y tour could be dedicated to the Parks and Recreation
Commission.
Mr. Willett concurred with Councilman Moore's recommendation.
MS (Rindone/Moore) the next Council tour would be a joint meeting wiltl the Parks and Recreation
Commission; with items of common interest placed on the agenda.
Councilman Moore stated the next tour was scheduled for Saturday, June 5, 1993 at 8:00 a.m.
VOTE ON MOTION: approved unanimously.
ACTION ITEMS
30. RESOLUTION 17074 APPROVING AN AG/IR~,MENT WITH RICX ENGINEERING COMPANY TO
PREPARE TOPOGRAPHIC MAPS ALONG INTERSTATE 805 NORTH OF TRI.~-GRAPH CANYON ROAD TO
SOUTH OF OTAY VAI.I.RY ROAD - The 1992-93 Capital Improvement Program includes a design study for
four 1-805 interchanges: Telegraph Canyon Road; East Palomar Street; East Orange Avenue; and OtayValley
Road. The purpose of the project study report, which is required by Caltrans, is to determine what
additional improvements will be necessary at the interchanges to provide sufficient capacity to accommodate
anticipated traffic growth from continuing land developments in the eastern part of the City. The design
study will be performed by Caltrans since the interchanges are within the jurisdiction of the State. Caltrans
will produce a project study report describing preferred future improvement needs and costs at the subject
interchanges. Staff recommends approval of the resolution. (Director of Public Works)
Mayor Nader stated he was concerned that the firm was not the low bidder and questioned whether any
lower bidders were qualified to do the work.
Clifford Swanson, City Engineer/Deputy Public Works Director, stated staffs initial screening of the four,
two could not do the job satisfactorily and they interviewed the other two. Staff felt the product of the two
would probably be acceptable, but based on references and interviews, felt they would have trouble getting
what they wanted or the process would be lengthened or extensive change orders would result with one of
the firms. Therefore, staff felt it unwise to go with the lower priced firm.
Councilwoman Hotton questioned whether Airborne was doing similar work for Caltrans and, therefore, had
the experience and background.
Mr. Swanson responded that was correct. Staff had been informed by the Riverside County Transportation
Commission and Caltrans that Airborne spent more time trying to convince everyone that Caltrans specs
were wrong or the project should be done another way than they did in trying to get the end product done.
They did fmally do it according to specifications.
Councilman Rindone questioned why Airborne was not given an opportunity to submit a secondary bid with
some of the work deleted from the proposal.
Mr. Swanson responded that Airborne had already been ruled out on the basis of their references.
Assistant City Manager Morris stated that staff regularly interviewed people that were qualified or met the
minimum qualifications to work for the City. Often after completing a series of interviews the individuals
were ranked and background checks performed. Once the check was completed for Airborne Systems, staff
found the experience had by other agencies of that firm did not meet the requirements set forth by staff.
Minutes
April 13, 1993
Page 16
Caltrans also had specific experience on the issue and did not find them acceptable which staff also gave
weight to.
Mr. Swanson stated the end product was acceptable but trying to get that end product was very trying and
frustrating.
Councilman Rindone agreed there were companies that were easier to work with and he felt that was a valid
point but there was a significant difference in the price.
Mayor Nader felt the ability to get the job done at a reasonable cost was one of the qualifications to be
considered. The original bid specs and contract should protect the City from abuse. Council may need to
look at the general policy issue of how to protect the City from abuse. Change orders and cost overruns
should be very exceptional.
Councilman Rindone stated he concurred with some of staffs concern but not with their recommendation.
The responsibility to be sure to find only those bidders that were qualifiable was essential and price was a
factor. The discussion of project objectives indicated the bid was for topographic maps prepared in
accordance with Caltrans standards and requirements of the State. The exact project that Airborne was
compared to was similar and Caltrans had determined the work done was acceptable. Because of that fact
and it was a 15% lower bid he supported Airborne.
MS (Rindone/Fox) to award the contract to Airborne Systems.
Councilman Moore stated the bid covered the project at a different length and/or width needed and the
contract would have to be renegotiated. He questioned whether the caveat could be included in the motion
that Airborne would be willing to accept a reduction due to a reduction in the task
Counc~nembevs Rindone and Fox agreed to include Councilman Moore's recommendation in the motion,
Councilmember Hotton stated she would vote for the motion but had a problem with Airborne Systems
being from Ariahelm and questioned whether there entire work force would be from Anaheim.
Mr. Swanson responded that most of the work was done from the aerial photographs with very little work
being done in the City. The bulk of the work would be done in their laboratories in Anaheim.
Mayor Nader stated he appreciated Councilmember Hotton's comments and had supported the concept that
a local firm should have some degree of preference. The difference in the bids was a huge percentage of
the product and assuming that difference held up after the amendment was implemented, the difference
could be put into economic development efforts. He would support the motion but was concerned that
Caltrans requirements were above and beyond what the City felt was required for the project. The other
concern was the recommendation that Council be invited to sit in on bidding procedures. He felt the
members invited should rotate in order to avoid a violation of the Brown Act. He wanted it understood that
he would not support any additional monies, change orders, or cost overruns for work that should have been
foreseen to be within that which was necessary to complete the project and expected that to be
communicated to the contractor. He also expected staff to write bid specs and contracts that implemented
that, and if staff did so the concerns that were raised would not be concerns because the low bidder would
understand they would not increase their profit margin through change orders for work that was within the
scope required to carry out the contract.
Councilmember Hotton stated she did not object but felt there were times that change orders were
necessary. Council did want staff to tighten up the loopholes, but Council also needed to remain open
minded.
Mayor Nader stated he stressed 'unforeseeable'. If it was an Act of God that required something no one
could foresee it would be different.
Minutes
April 13, 1993
Page 17
Councilman Rindone also preferred local companies bur because they were local they should not feel they
would get the contract and bid higher. The local companies needed to be competitive.
VOTE ON MOTION: approved unanimously.
31. RESOLtFfION 17075 APPROVING DESIGN CONCEPT FOR THE IMPROVEMENT OF ORAN(3E
AVENUE AND FOURTH AVENUE ALONG THE FRONTAGE OF THE SOUTH LIBRARY - Staff is in the process
of preparing construction plans, specifications and cost estimates for street improvements along the frontage
of the south library. The construction plans will include landscaped medians, bus stops, curb, gutters, and
sidewalks. Concept plans are hereby presented for approval prior to the preparation of final construction
plans. Staff recommends approval of the resolution. (Director of Public Works)
Mr. Swanson, City Engineer/Deputy Public Works Director, stated the City would be picking up any curb
and gutter that might be missing. The pull-off ramp would work very well if moved to the notch to the drive
way so they would be closer ro the entrance to the Library.
RESOLUTION 17075, OFFERED BY COUNCILMAN FOX, reading of the text was waived.
Mayor Nader asked staff ff the Safety Commission's recommendations to prevent left turns onto westbound
Orange out of the driveway entrance to the library, were included in the Resolution before the Council.
Mr. Swanson responded it was.
Mayor Nader stated he had some qualms about the cost, however, if those qualms were not shared by
anyone else on the Council, he did not want to hold up the project. There was an option presented that was
about $14,000 less than the staff recommendation. It would be a little less 'pretty,' but he did not know
how much. He had some concern about irrigated landscaping. He thought the City's policy was that native
and drought tolerant landscaping would be used.
Mr. Swanson stated the other option was to have a painted median which would be approximately $43,000
savings. The landscaped area was fairly minor, it would ouly consist of one or two small planter areas in
the bigger median. The water use would not be extensive. The large portion of the median would be done
in stamped concrete.
Councilman Moore asked ff there would be sufficient water and yet not cause deterioration to the asphalt.
Mr. Swanson responded that they had tried to design some standards to prevent that from happening.
Councilman Moore stated a lot of the elementary schools would be taking children to the library. However,
there were some sidewalks missing in that general area. He brought this up because he felt that in the CIP
budget request, the City should include sidewalks which were missing from the local elementary schools.
Mayor Nader stated that since it was unanimously approved by the Library Board, Safety Commission, and
staff, he would reluctantly vote for the project.
RESOLLrHON 17075 P/kSSED AND APPROVED UNANIMOUSLY.
Mayor Nader adjourned the Council meeting to the Redevelopment Agency meeting. (Time was 10:27 p.m.).
There were a number of people present to address Item No. 7 on the Agency's agenda. He had been
approached earlier in the evening requesting a two week continuance by both proponents and opponents
of the item.
Assistant City Manager Morris stated the item had been revised and everyone was in agreement to a one
week postponement.
Minutes
April 13, 1993
Page 18
Chairman Nader stated that when that item came up, he would open the public hearing, take testimony, and
then continue the hearing for a week so that the remaining members of the public could testify.
Clifton Reed, 357 Third Avenue, Chula Vista, attorney representing the Henderson family, one of the families'
whose property the Council would be considering to condemn. He agreed with staff on a one week
continuance. If they could not resolve the matter in the next week, and if both sides felt they needed more
time, it could be continued another week.
Chairman Nader pointed out there would not be a full Agency the following week since two members would
be missing.
Mr. Reed stated one of the resolutions required a 4/Sth vote. He had originally asked for a two week
continuance.
Chris Salomone, Director of Community Development, stated they would contact the applicant to see if it
was okay.
Item was trailed until the applicant could be advised of the problem.
Carolyn Buffer, 97 Bishop Street, Chula Vista, 91911, stated she was very angry. She had requested to speak
on the issue. She charged that the items had been delayed deliberately.
Chairman Nader requested that the record reflect that those items had not come up yet and had not been
delayed out of their regular course.
The Redevelopment item concluded at 10:30 p.m.
32. REPORT REQL15'TING APPROVAL IN CONITe. FT OF GRANTING A FRANCHISE FOR
MULTI-FAMILY RECY(IING COIJ.!~CHON SERVICF_~; TO LAIDLAW - On 1/26/93, Council directed staff to
negotiate with Laidlaw for the exclusive franchise to collect recyclables from multi-family residences. Staff
has conducted satisfactory negotiations with Laidlaw and is ready to move forward with the report
describing Laidlaw's proposal in order to allow staff to develop the franchise and set the public hearing.
Staff recommends approval of the report. (Administration)
Athena Bradley, Conservation Coordinator, stated that Laidlaw staff was in the audience should Council have
any questions for them.
Councilman Rindone stated there was an indication to his written questions that there would be a
presentation of the alternatives presented to Council.
Ms. Bradley stated she would bring those back at the time the draft franchise came back. She would also
look into the issues of the discount rate and possible sale of the trucks.
Councilman Fox asked when the program phase-in would be completed.
Ms. Bradley responded between July and October. They would begin the pilot program as soon as the
franchise was approved. Laidlaw had been working on a schedule to do the implementation by October.
Councilwoman Horton stated the apartments would use a six bin apathx~ent recycle bin and/or a ninety
gallon cart. She asked if staff was leaning toward a ninety gallon cart.
Ms, Bradley responded they were leaning toward the ninety gallon cart for outdoor exterior bins; the six
gallon was for the interior in all apartment complexes, The smaller one would be dumped into the ninety ,.
gallon cart,
Minutes
April 13, 1993
Page 19
Cotmcilman Rindone stated that when the item came back he hoped Council would have the option as to
whether to include a franchise fee. Another option which needed to be explored, which had not been
discussed, was the length of the franchise. He questioned what advantages there would be for a five, seven,
or ten year franchise.
MSUC {FOX/NADER) to accept the n~port and direct staff to draft the franchise and a r'-~olution 16vlug
notice of intention to consider granting to Laidlaw Waste Systems, Inc. a franchise for City-wide residential
multi-fsm~y recycling collection sexvices.
Mayor Nader asked staff when it would be coming back.
Ms. Bradley replied in approximately three to four weeks.
Because it was after 10:30 p.m., Council took the following vote:
MSC (Nader/Pdndone) to take up the balance of the Council and Agency agendas. Approved 4-0-1 (lion'on
had left the dias).
ITEMS PULLED FROM THE CONSENT ~AR
Items pulled: 9b, 12: 15, 21, 22, and 23. The minutes will reflect the published agenda order.
OTHER BUSINESS
33. CITY MANAGERS REPORTfS) - None
34. MAYOR'S REPORT(S)
a. Ratification of appointments:
· Charter Review Commission - Sharon Reid (reappoin0.
· Veterans Affairs - Joe A. Berlanga, Carmen A. Fedje, Agustive A. Hermes, Jr., Jeffrey C. LaVay, and
Robert L. McCauley.
Councilman Moore felt the Veterans Affairs Task Force should have an orientation at their Eftst meeting to
include the Mayor, a Councilmember, City Attomey, and City Clerk.
Mayor Nader suggested staff poll members of the Task Force to ascertain a date for the first meeting and
notify the Mayor, Councilmembers, City Attorney, and City Clerk of the meeting place and time for an
orientation.
Councilman Rindone asked if any female veterans had applied. He felt that in the future, when there was
a vacancy, every effort be used to include a female appointment.
MSUC (NADER/FOX) to ratify the above appointments.
b. Enforcement of mobile home ordinance. Mayor Nader noted there was a large number of people
in the audience requesting to speak on the mobile home ordinance and requested Council concurrence in
taking the item out of order. The item had been triggered by residents of one park alleging that the
Minutes
April 13, 1993
Page 20
)
ordinance was being violated. His concern was not that Council try to resolve whether those violations
occurred, his concern was that the Council make sure the ordinance was enforceable.
MS (Nader/Fox) direct staff to come back in one week with language for Council's consideration to amend
the Mobilehome Rent Review Ordinance to allow the City Attorney to enforce against violations of that
ord~_ance.
City Attorney Boogaard stated there was an alleged practice occurring where even though there was no
pursuit of the arbitration remedy, there was a contention that the rent was still due and owed. When it
reached a certain amount, either a small claims court action or some other action would be brought to evict
for failure to pay the rental amounts. The proposal was to make the practice of charging in violation of the
amounts of rent allowed under the ordinance a violation. Therefore, he was recommending that the
ordinance be corrected.
Mayor Nader stated it was his understanding that even if rent was demanded, the City did not have a way
of enforcing the ordinance because technically language needed to be added to the ordinance that made the
knowing demand of illegal rent a violation. If an illegal rent was demanded the City did not have an
enforcement mechanism.
City Attorney Boogaard responded the Mayor Nader was correct.
Councilman Moore stated the problem he had was that Mayor's Report/Council Comments were normally
something that one of the five members wanted to bring up to their colleagues for further review. It should
not be an item that enticed people to attend and then take the item out of order. If it was more than
Council Comments it should have been an agendized item with background from staff.
Mayor Nader stated he had put the item on the agenda in response to three individuals that had expressed
their concern to him. Any items the Mayor/Council placed on the agenda were agendized items. He had
discussed the item with staff when he placed it on the agenda and invited them to be prepared with any
information they felt Council should have. The City Attorney felt he was prepared with such information
and he also discussed it with the Community Development Department. Perhaps he should have written
an explanatory letter involving the conversations in his office for the packet. He did not want to get into
the specifics of the alleged illegal activities as he had only heard one side of the story and preferred to keep
the issue to whether there should be authority for the City Attorney to enforce the ordinance.
Councilwoman Horton felt it would take further analysis and wanted staff to return with a report so she
could analyze all aspects of the issue.
Counc~man Fox stated he would support the motion because there was no need to have an ordinance that
could not be enforced. Council should take action to enforce the ordinance and if a report was needed it
could be done after so there were no more victims.
Councilman Moore questioned who the staff member was for the Mobilehome Rent Review Board and why
the Board had not addressed the problem as it was one he had been hearing for months.
Mr. Salomone responded that Mr. Gustafson and Alisa Rogers were the staff members. The Housing
Advisory Committee was set to review arbitration decisions not to look at the ordinance. He did not feel
it would be inappropriate to have them review it. There had been a Council referral and staff had been
working on reviewing other ordinances, reviewing case law, reviewing changes, and working with the City
Attorney's office. It was scheduled to be presented to the Committee later in April and brought to the
Mobilehome Rent Review Commission with proposed revisions to the Chapter on May 13th. Therefore, it
would not get to Council for two months.
Councilman Moore felt there was a problem with the system if the issue had not been brought to Counc~
SOOner.
Minutes
April 13, 1993
Page 21
Mayor Nader stated the motion was to direct staff to return in one week with language for the Cotmcil's
consideration that would, in the opinion of the City Attorney, allow the City to enforce knowing violations
of the ordinance.
Councilwoman Harton questioned whether that would include a full staff report.
Mayor Nader stated that was agreeable.
Councilman Rindone stated he was perplexed that the issue had not been brought to Councfi's attention
sooner. It was stated that staff had prepared language but there was no information presented to Councfi.
Any item of such importance and having such community impact should have background information. He
felt Council being blindsided was unexcnsable and anything of that magnitude should never get to Council
without prior notification and wanted to make sure it never happened again.
· Fred Dufresne, 1925 Otay Lakes Road # 102, Chula Vista, CA, resident of Otay Lakes Mobile Home
Park, stated they had requested that the Rent Review Commission review what had been going on in the
City and again nothing had been done. Until yesterday the Commission did not know what had been going
on. The issue should be resolved because people were breaking the law.
Councilman Rindone stated he would support the motion only if the report requested by Councilwoman
Hotton was included. Council needed to act expeditiously and staff needed to do whatever it took to get
the report back to Count/1 in one week.
Councilwoman Hotton suggested that Council receive the staff report on Monday.
Mayor Nader stated the only issue in the motion was the enforcement of the ordinance and, therefore,
Council was not asking for a comprehensive report.
· Rev. Charles W. Dobbs, 354 Roman Way, Chula Vista, CA, resident of Otay Lakes Mobile Home
Lodge, stated the City was dealing with an owner that was only concerned in money and greed. The
residents of the park could not afford to pay the fees he was imposing. The manager of the park practiced
harassment and intimidation upon the park residents. He was concerned about those that faced eviction
now and requested that something be done on an interim basis to protect those residents.
· Ralph B. Zahn, 275 Orange Avenue #120, Chula Vista, CA, resident of Palms Mobile Estates,
questioned whether there was a plan by the owners and developers to remove the last affordable housing
for retired persons from the City. He requested that Council restore and improve the protection for the
mobilehome owners.
· Roy Muraoka, 1478 First Avenue, Chula Vista, CA, park owner, stated he had talked to Mr. Kelton
and was surprised he had not received notice of the meeting. He stated he would meet with anyone on the
Council and two residents regarding the allegations.
VOTE ON MOllON: approved unanimously.
Mayor Nader requested that the memorandum and letter received from Mr. Zahn be included in the agenda
packet when brought back to Council.
Mr. Salomone informed Council that park owners would be notified of the meeting and notices would also
be posted in the mob fie home parks.
· Chuck Dans, resident at Otay Lakes Mobile Home Park, requested that the item be placed early on
next weeks agenda.
c. Update on the East "J" Street liquor store. Mayor Nader asked staff if any final action was imminent
on this item.
Minutes
April 13, 1993
Page 22
Assistant City Manager Morris stated that staff had gone home.
Mayor Nader stated that when there was an item on the agenda, someone from the department was to be
on hand for the item.
Assistant City Manager Morris stated it was interpreted that the Mayor would be presenting something to
staff.
Mayor Nader stated he had concern as to how the ordinance was functioning. He had been told by staff that
the ordinance on CLIPs for liquor outlets in neighborhood commercial areas had been interpreted as such
that the particular application was exempted from it because they already had a license to sell alcohol; albeit
they were going from beer and wine to hard liquor. That was not his intent when he voted on the
ordinance. He also asked that the subject of amending the ordinance on the permits required for a liquor
outlet in a commercial neighborhood zone be docketed for the next meeting. He asked for regular updates
on the status of the East J Street liquor application.
Assistant City Manager Morris stated that while it was pending the Mayor be could send a letter on behalf
of the City to the Alcohol Beverage Control Commission outlining Council's concerns with a hard liquor
license next to a Junior High School and reinforcing support of concerns already expressed by the Police
Department.
Councilman Moore requested the letter include that the City would rather not see any alcohol there, but
because it was in effect they would tolerate what was there, but no addition to it.
]MSUC {NAI)ER/RINDONE) to direct the l~ayor to sent a le~er on behalf of the City to the Alcohol Beverage
Conlrol Cornmi~sioll.
d. Appointment of two Council representatives to the City-wide Youth Summit focus group meetings
on 5/12/93 and 6/2/93.
MSUC (Nader/Fox) to continue the item to the 4/27/93 agenda.
35. COUNCIL COMMENTS
Councilwoman Horton
a. Renaming of East Orange or Otay Lakes Road to Olympic Training Center Drive. Continued from
the meeting of 3/23/93. Item was continued, along with item 15, to April 27, 1993.
b. Special Act District - Consideration by the City of San Diego to change the weighted vote structure.
Councilwoman Horton stated that the new weighted vote method was more fair. It provided a 50% weight
for San Diego with the remaining 50% given to other member agencies pro-rated according to their portion
of the wastewater flow in the system. (A detailed description of the weighted vote is on file in the City
Clerk's Office).
MSUC (HORTON/NADFI) to support the Districes new weighted reeornmandation and forward the
information to San Diego.
ADJOURNMENT
The City Council recessed at 11:39 p.m. met in a closed session at 12:01 a.m. to discuss:
· Pending litigation pursuant to Government Code Section 54956.9 - Flores vs. the City of Chula Vista.
· Potential litigation pursuant to Government Code Section 54956,9 - Paint Pit
Minutes
April l3, 1993
Page 23
· Pending litigation pursuant to Government Code Section 54956.9 - Tortes vs. the City of Chula Vista.
· Pending litigation pursuant to Government Code Section 54956.9 - Igou vs. the City of Chula Vista.
· Instruction to negotiators pursuant to Government Code Section 54957.6 - Executive Management,
Middle Management, Western Council of Engineers (WCE), and Chula Vista Employees Association
(CVEA)
ADJOURNMENT AT 12:12 A.M. the Regular City Council Meeting on April 20, 1993 at 6:00 p.m. in the City
Council Chambers.
A Special joint Meeting of the City Council/Redevelopment Agency convened at 11:40 p.m. and adjourned
at 12:00 midnight,
Respectfully submitted,
BEVERLY A. AUTHELET, CMC, City Clerk
by: Vicki C. Soder~uist, Depu~ Clerk