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HomeMy WebLinkAboutcc min 1993/01/05 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE Cl'iY OF CHULA VISTA Tuesday, January 5, 1993 Council Chan~bers 4:00 p.m. Public Services Building CALL TO ORDER 1. ROLL CALL: PRESENT: Councilmembers Fox (arrived at 4:13 p.m.), Hotton, Moore, Rindone, and Mayor Nader , ALSO PRESENT: John D. Goss, City Manager; Ruth M. Fritsch, Assistant City Attorney; and Beverly k Authelet, City Clerk 2. pI.RIX;E OF AIJ.RGIANCE TO THE FLAG. SILENT PRAYER 3. APPROVAL OF MI~: December 8, 1992. MSC 0lindone/Honon) to approve the minutes of December 8, 1992 as presente& Approved 4-O-1 with Fox absent. 4. SPECIAL ORDERS OF THE DAY: a. Presentation of visitors from Sister City Odawara, Japan by Intemational Friendship Chair Nancy Taboada. Ms. Taboada introduced Etsuko Ikeda, Kiroko Wantanabe, and Isao Kojima from Odawara, Japan. b. Presentation of proclamation comm~'xiding the dedication and service of h'brary Director, Rosemary Lane. The proclamation was presented to Ms. Lane by Mayor Pro Tern Rindone. CONSENT CALENDAR (Items pulled: 7 and 11) BALANCE OF THE CONSENT CALENDAR OFFERED BY COUNCILMAN RINDONE, reading of the text was waived, passed and approved unanimously. 5. ~ i'i'~J%l COMMUNICATIONS: a. Letter requesting the removal of stop signs located at Canyon Drive and Cumbre and at Country Vista Drive and Sandy Creek Court - Residents at Bonita Long Canyon. It is recommended that Council direct staff to meet with the petitioners to explain past Council action and return with a report advising whether this item should be revisited. b. Claim~ against the City - Claimant No. 1, 2, 3 and 4: Benjamin Dayro Corpuz, Phillip Dayro Corpuz, by Benjamin Gundran Corpuz, his Guardian Ad Litem, Mark Christopher Dayro Corpuz, by Benjamin Gundran Corpuz, his Guardian Ad Litem, Aidesiderio Aguas Alhambra II, by Desiderio A. Alhambra, his Guardian Ad Litem, c/o Kevin F. Calcagnie, Esq., Robinson & Phillips, 26722 Plaza Street, Suite 230, S01 W. Broadway, Suite 1350, P.O. Box 9010, Mission Viejo, CA 92690-7010; Claimant No. 5: Linda Mary Onderko, c/o Harvey R. Hasson, Attorney at Law, 402 W. Broadway, Suite 400, San Diego, CA 92101; r I /I T' Minutes January 5, 1993 Page 2 Claimant No. 6, 7 and 8: Evelia Martinez, Ambrosia Angelica Martinez, by Evelia Martinez, Rosario Sarmiento, 115 E. Queen Ann Drive, Chula Vista, CA 91911. It is the recommendation of the City's claims adjustors, Carl Warren & Company, and Risk Management, that these claims be denied. c. Letter of resignation from the Growth Management Oversight Commission - Frank A. Tarantino, 1006 Paseo del Paso, Chula Vista, CA 91910. It is recommended that the resignation be accepted and the City Clerk be directed to post immediately according to the Maddy Act in the Clerk's Office and the Public Library. 6. ORDINANCE 2538 AMENDING THE ZONING MAP OR MAPS ESTABLISHED BY SECTION 19.18.010 OF THE MUNICIPAL CODE REZON]NG 0.3 ACRES LOCATED ON THE WEST SIDE OF DEL MONTE AVENUE, SOUTH OF MAIN STREET, FROM R-1-6-P (second reading and adoption) - The item involves consideration of a proposal to amend the Montgomery Specific Plan/Chula Vista General Plan by the redesignation of a certain 1/3 acre parcel of land, located in the southwesterly quadrant of West Main Street and Del Monte Avenue, ~rom "Low/Medium Density Residential" and "R-1-6-P" to "Research and Limited Industrial" and "I-L-P" (Margarita Romero - applicant). Staff recommends Council place the ordinance on second reading and adoption. (Director of Planning) 7. ORDINANCE 2539 AMENDING THE ZONING MAP OR MAPS ESTABLISHED BY SECTION 19.18.010 OF THE MUNICIPAL CODE REZONING 8.56 ACRES LOCATED ON THE EAST SIDE OF BROADWAY, NORTH OF MAIN STREET, AND SOUTH OF ANITA STREET, FROM I-L-P TO C-C-P AND R-2-P .~" AND ADOPTING P DISTRICT REGULATIONS (second reading and adoption) - The request is an application for the redesignation and rezoning of 8.56 acres, amending the Chula Vista General Plan/Montgomery Specific Plan. The two areas in question are: a) Adobe Plaza (Sepehri property privately initiated) 4.56 acre area located on the northeasterly quadrant of West Main and Broadway (Subarea 1); b) East Sommerset (City initiated) 4.00 acre area located on the southeasterly quadrant of West Anita and Broadway (Subarea 2). Staff recommends Council place the ordinance on second reading and adoption. (Director of Planning) Pulled from the Consent Calendar. Councilman Moore stated he wanted to make sure that the modification of the ordinance reflected the action previously taken by Council. Robert Leiter, Director of Planning, stated Subareas 3A and 3B had been removed by Council at the 12/15/92 meeting and had been removed from the amended ordinance. ORDINANCE 2539 pLAC]~.I') ON SECOND READING AND ADOPTION, reading of the text was waived, passed and approved unanimously. 8. RESOLUTION 16944 APPROVING A MODIFICATION TO THE AGREEMENT WITH LETTIERI MCINTYRE & ASSOCIAIES MARY MAY AND THE BALDWIN VISTA ASSOCIATES FOR PROFESSIONAL SERVICES TO ASSIST THE OTAY RANCH TEAM GENERAL MANAGER AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT - This modification is to assist in providing response to Planning Commission inquires; in providing project coordination services; to assist in the preparation for scheduling and noticing of Public Participation Program; and focus on processing of the General Development Plan and related documents for the Otay Ranch Project. Staff recommends approval of the resolution. (Deputy City ~-- Manager Krempl) Tabled at the 12/15/92 meeting. Minutes January 5, 1993 Page 3 9. RESOLUTION 16945 APPROVING AGREEMENT (ADDENDUM #8) WITH JHK & ASSOCIATES AND BALDWIN VISTA, LTD. FOR TRANSPORTATION PLANNING SERVICES ON THE OTAY RANCH, AND AUTHORIZING THE MAYOR TO EXECUTE SAME - The agreement is to prepare for and attend community/local planning group meetings; respond to directives received from the Otay Ranch General Manager; prepare for and attend project related workshops and hearings; and representation at project coordination meetings for the Otay Ranch Project. Staff recommends approval of the resolution. (Deputy City Manager Krempl) 10. RESOLUTION 16946 AMENDING FISCAL YEAR 1992-93 BUDGET, PROVIDING FOR AN UNEMPLOYMLNT INSURANCE TRUST FUND APPROPRIATION TO THE UNEMPLOYMENT INSURANCE ACCOUNT - The City pays for its Unemployment Insurance Claim by reimbursement. It was agreed beginning in 1991-92 not to request the normal budget requirement but rather to appropriate each quarter from the Unemployment Insurance Account Fund. Staff recommends approval of the resolution. (Director of Personnel) 4/5th's vote required. 11. RESOLUTION 16947 ACCEPTING BIDS AND AWARDING CONTRACT FOR PARKWAY COMMUNITY CENTER REROOFING - On 12/2/92, sealed bids were received for Memorial Park Improvements and Parkway Community Center reroofing. The work to be done includes, but is not limited to, building reroofing, stuccoing and other miscellaneous remodeling items. The project also involves the construction of complete site drainage systems. Staff recommends approval of the resolution. (Director of Public Works and Director of Parks and Recreation) Pulled from the Consent Calendar. Councilwoman Horton questioned how staff verified the financial Viability of the company awarded the bid. John Lippitt, Director of Public Works, responded that the company had to be a licensed contractor, references were checked, and they would have to secure performance bonds. Mayor Nader questioned whether the local preference policy had been applied to the bid. Councilman Moore stated that it was his understanding that Council had been advised that there were legal problems with such a policy. Mayor Nader thought the advice was that Council could not require that a bidder be local. What had been referred to staff to was develop a policy under which factors such as economic and revenue impacts on the City and cost savings realized from the use of local firms would be factored in. Mr. Lippitt stated that he did not believe that had been factored in the bid. Mayor Nader stated there was confusion over what Council direction had been and should be. He had been shown a policy staff had been working on which devised a system under which the economic benefits to the City of awarding contracts locally would be factored in and a way of quantifying that benefit so it would be legal to "bump up" the next lowest bid. Staff would look at things such as: tax or revenue benefits, local procurements and the City's share of revenue derived from that, local employment and City spin off revenues and if it total out under a formula more than the lowest bid, it would be justification for going with the local bidder. Jim Thomson, Deputy City Attorney, stated the policy adopted at the time the consultant contracts were discussed stated the City would take into effect the potential impact on the local economy on advertising and soliciting bids or proposals. At that time, the issue of minority and women's businesses was referred Minutes January 5, 1993 Page 4 to the City Attorney for review. Staff did take into account the sales tax that would accrue to the City of a business within Chula Vista. City Manager Goss stated the discussion had been during the acquisition of equipment where there was a relationship with sales tax. This was a construction contract and there would be no sales tax that would accrue to the services being provided. Councilman Rindone stated that the City Manager was correct, the issue had been the purchase of trucks and was for a direct correlation to sales tax. Mayor Nader agreed that was the issue and hoped that the City Manager would refresh staffs memory on the procedure to use when there was a close call between two different bids on a project if a local bidder was involved and there was a quantifiable difference in the amount of impact to the City. RESOLUTION 16947 OFFERED BY MAYOR NADER, reading of the text was waived, passed and approved unanimously. 12. RESOLUTION 16948 ACCEPTING BIDS AND AWARDING CONTRACT FOR BROADWAY IMPROVEMENTS FROM "L" STREET TO NAPLES STREET AND CONSENTING TO THE SUBSTITUTION OF THE LOW BIDDER SUBCONTRACTORS - On 11/18/92, sealed bids were received for the Broadway Improvements from "L" Street to Naples Street. Staff recommends approval of the resolution. (Director of Public Works) * * END OF CONSENT CALENDAR * * PUBLIC HEARINGS AND !~RI.ATED RESOLIJTIONS AND ORDINANCES None submitted. ORAL COMMUNICATIONS · Pam Smith, 380 Third Avenue, Chula Vista, CA, Chair, Human Services Council, updated Council regarding ongoing projects, i.e. Human Services Directory, Chula Vista Project Care, and the Needs Assessment report. · Carolyn Buffer, 97 Bishop Street, Chula Vista, CA, commended the Human Services Council and thanked Council for their action regarding the parking situation at Castle Park School. She felt there was still a minor problem with the buses parking in front of the school. BOARD AND COMMISSION RECOMMENDATIONS 13. APPOINTMENT TO CIVIL SERVICE COMMISSION - The Civil Service Commission is nominating three individuals for the vacancy on the Commission, as provided in the Charter. The Commission is also specifically recommending one of the three nominees, Mr. Eloy Villa, for appointment by the Council. (Chair of Civil Service Commission) MS (Nader/Fox} to ratify the appoint of Eloy G. Vffia to the Civil Service Cornrni~siorL Minutes January 5, 1993 Page 5 Councilman Moore reviewed the method of appointment, as set by Charter, for the Civil Service Commission. He felt that three people should have been nominated by the Commission for appointment and none recommended to Council. The Council should either change the policy or encourage the Commission to follow the letter of the law. Assistant City Attorney Fritsch informed Council that the action by the Commission had been discussed and the recommendation was not required by the Charter but was not prohibited either. It was not in strict compliance but was also not in violation, the Commission went one step further. Mayor Nader stated the alternative to the motion would be to schedule interviews with the three nominees. After looking at the applications it appeared that the Commission had nominated three qualified people. Councilman Rindone stated he was concerned with the process regarding that particular seat and felt there should be three nominees with interviews by Council. VOTE ON MOTION: approved unanimously. ACTION 14.A. RESOLUTION 16940 APPROVING AND AUTHORIZING EXECUTION OF AN IMPLEMENTING AGREEMENT WITH MAJOR RETAILER A (HOME DEPOT), RANCHO DEL REY COMMMERCIAL CENTER, AND RELATED CEQA FINDINGS - The Development Agreement covers the parcels to be purchased by Home Depot, Kmart and The Price Company and requires Implementing Agreements be entered into prior to the issuance of building permits. Staff recommends items be continued to 1/19/93. (Director of Community Development) Continued from the meeting of 12/15/92. B. RESOLUTION 16941 APPROVING AND AUTHORIZING EXECUTION OF AN IMPLEMENTING AGREEMENT WITH MAJOR RETAILER B (KMART), R ANCHO DEL REY COMMERCIAL CENTER AND RELATED CEQA FINDINGS C. RESOLUTION 16942 APPROVING AND AUTHHORIZING EXECUTION OF A PUBLIC FACILITIES FINANCING AND IMPLEMENTING AGREEMENT WITH MAJOR RETAILER C (THE PRICE COMPANY), RANCHO DEL REY COMMERCIAL CENTER, AND RELATED CEQA FINDINGS MSUC CNader/1Vioore) to continue Resolutions 16940, 16941, and 16942 to the meeting of January 19, 1993. ITEMS PUIJ .F.n FROM THE CONSENT CALENDAR Items pulled: 7 and 11. The minutes will reflect the published agenda order. OTHER BUSINESS 15. CHY MANAGER'S REPORTf S) a. Scheduling of meetings. ii l' Minutes January 5, 1993 Page 6 · City Manager Goss referred to an ad in the Star News encouraging the public to contact Council regarding the water retrofit issue on the 1/12/93 agenda. He had been informed by staff that the report would not be ready on that date and it would be tentatively scheduled for the 1/19/93 meeting. · City Manager Goss reminded Council that they had been requested to attend a settlement conference on Monday at 2:30 p.m. with Judge Porter. Mayor Nader questioned whether the Council was invited or ordered to attend the conference. Assistant City Attorney Fritsch stated it was her understanding that it was an order. The item was scheduled for Closed Session after the meeting and the City Attorney would be there to advise Council. Councilman Rindone stated that Council had received a confidential memorandum which stipulated that it was required. Councilman Moore questioned whether they were required to have all five members of the Council there or a quorum so they could take action. Deputy City Manager Thomson informed Council that the Judge gave them two indications. At an absolute minimum there should be a subcommittee of the Council that would be authorized by the Council to take action, but felt her preference was that there be a quorum or the full Council. · The tentative meeting on goal setting would not be held on Thursday, January 7th. Staff would be sending out information from two years ago which listed 166 projects for background information. 16. MAYOR'S REPORT(S) · The meeting for goal setting would be tentatively set for Monday, January 25, 1993 with the time to be announced at a later date. 17. CODNCIL COMMENTS Councilman Fox · Strategies for attracting environmentally sound businesses to Chula Vista. Councilman Fox stated that he would present his program at the 1/12/93 meeting. Councilman Rindone · Councilman Rindone stated Council had previously requested an evaluation form and tool so Council would be able to provide more reliable input on the City Manager's evaluation. He questioned when Councfi would receive a draft. City Manger Goss stated that a draft should be ready within a month. Councilman Moore stated he had a problem with a formalized evaluation format. He wanted to see commitments, progress, and solutions that went with management. Minutes January 5, 1993 Page 7 Councilman Rindone stated the thrust of the suggestion was to come forward with an instrument or document that Council could utilize that would assist, but not be the sole element of the evaluation process. He hoped it would be done in a timely manner so Council would have a chance to look at the process and not at who was being processed. ADJOURNMENT The City Council recessed at 5:19 P.M. and reconvened to a closed session at 5:33 p.m. to discuss: Pending litigation pursuant to Government Code Section 54956.9 - Jones Intercable. Participation in pending litigation pursuant to Government Code Section 54956.9 - between Laidlaw vs. Bay Cities and EDCO. Pending litigation pursuant to Government Code Section 54956.9 - Cervantes vs. City of Chula Vista. ADJOURNMENT AT 7:40 P.M. to a Special Closed Session on Monday, January 11, 1993 at 2:30 p.m. with Federal Magistrate Louisa Porter at U.S. District Court, 940 Front St., San Diego, CA, to discuss Jones Intercable Lawsuit, thence to the Regular City Council Meeting on January 12, 1993 at 6:00 p.m. in the City Council Chambers. The Redevelopment Agency met at 5:20 p.m. and adjourned at 5:30 p.m. Respectfully submitted, BEVERLY A. AUTHELET, CMC, City Clerk by: Vickl C. Soderquist, Dep~f~ity Clerk ; I ii 1'