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HomeMy WebLinkAboutcc min 1985/02/26 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF CHULA VISTA, CALIFORNIA TUESDAY, 7:00 p.m. February 26, 1985 ROLL CALL Councilmembers present: Mayor Cox, Councilmembers Malcolm McCandliss, Scott, Moore Councilmembers absent: None Staff present: City Manager Goss, City Attorney Harron, Assistant City Manager Asmus PLEDGE OF ALLEGIANCE, SILENT PFLAYER The Pledge of Allegiance to the Flag was led by Mayor Cox followed by a moment of silent prayer. 1. APPROVAL OF MINUTES (None) 2. SPECIAL ORDERS OF THE DAY PROCLAMATION EARTHQUAKE AWARENESS WEEK APRIL 15-25, 1985 Mayor Cox presented the Proclamation on earthquake awareness on behalf of the appropriate parties to City Manager Goss. 3. WRITTEN COMMUNICATIONS a. REQUEST FOR SUPPORT TO SEND SENATE JOINT RESOLUTION 6 TO CONGRESSIONAL DELEGATION - (California Legislature Senate Committee on Local Government) Senate Joint Resolution 6 asks Congress to share federal revenues from the Outer Continental Shelf with California. The request is to support this effort to send S J R 6 to the Congressional delegation very soon. MSUC (Moore/Malcolm) to refer this to the Legislative Committee for review and recommendation. b. REQUEST FOR CITY COUNCILS IN THE FIRST SUPERVISORIAL DISTRICT TO INITIATE ACTION URGING THE CONGRESS OF THE UNITED STATES TO ACT SWIFTLY TO REAUTHORIZE GENERAL REVENUE SHARING - (Bri an P. Bilbray, Supervisor, First District) On February 6, 1985, the Board of Supervisors passed a resolution urging Congress to act swiftly to reauthorize General Revenue Sharing. Supervisor Bilbray requested that City Council s in the First Supervisorial Di strict initiate similar actions to promote continuation of this financial resource for local governments. MSUC (McCandliss/Moore) for this piece of correspondence to be referred to the March 14 Conference on Revenue Sharing. City Council Minutes - 2 - February 26, 1985 PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 4. PUBLIC HEARING ISSUANCE OF MULTI-FAMILY HOUSING REVENUE BONDS a. RESOLUTION 11944 AUTHORIZING SALE OF NOT TO EXCEED $10,200,000 PRINCIPAL AMOUNT OF MULTI-FAMILY HOUSING REVENUE BONDS (TERRA NOVA ASSOCIATES PROJECT), SERIES 1985, APPROVING INDENTURE OF TRUST, LOAN AGREEMENT, REGULATORY AGREEMENT, HOUSING COOPERATION AGREEMENT AND RELATED DOCUMENTS AND OFFICIAL STATEMENT AND AUTHORIZING OFFICIAL ACTION (Community Development Director) This being the time and place as advertised, Mayor Cox opened the public hea ring. Housing Coordinator Gustafson submitted a written report explaining that on April 24, 1984, the Council ap roved Resolution No. 11603 which constituted an inducement resolution for mu~{ bonds in an amount i-family housing revenue not to exceed $11 million for financing of the Terra Nova Villas apartment project. The Council is asked to consider the question of whether the City should issue bonds in the amount of $10,200,000 for the financing of the project. The public hearing is required by Federal Tax Law governing the issuance of tax-exempt bonds. The Council is asked to (1) approve a bond resolution authorizing the issuance of the bonds; (2) approve a Housing Cooperation Agreement with Terra Nova Associates to stipulate the affordability requirements for units in the Terra Nova Villas Project; and (3) approve an Agreement with Jones Hall Hill and White to provide bond counsel services for the Terra Nova Associates issue. There being no public testimony either for or against, the public hearing was declared closed. RESOLUTION OFFERED BY COUNCILMAN SCOTT, the reading of the text was waived by unanimous consent, passed and approved unanimously. 5. PUBLIC HEARING HOUSING POLICIES REPORT FOR MORTGAGE REVENUE BONDS (Community Development Director) a. RESOLUTION 11945 APPROVING HOUSING POLICIES REPORT UNDER INTERNAL REVENUE CODE SECTION 103A AND DIRECTING ITS PUBLICATION (Community Development Director) This being the time and place as advertised, Mayor Cox opened the public hearing. Housing Coordinator Gustafson referred to his written report stating that the Tax Reform Act of 1984 imposes a new requirement on jurisdictions issuing tax exempt single-family mortgage revenue bonds. In the year preceding a bond issue a jurisdiction must publish a report which sets forth the housing policies that will apply to the bond issue and which assesses the City's single-family bond activity for the previous 12 months. City Council Minutes - 3 - February 26, 1985 The City Council held a public hearing on such a report on December 11, 1984, and approved the report. Subsequent to the public hearing, the Treasury regul ati ons came out requi ring substantial ly more i n the report than anticipated and granting a deadline extension to March ll, 1985, so that cities might be able to do their reports over again to comply with the new regul ati on s. The revised report now contains six main sections as follows: 1. Housing Policies 2. Development Policies 3. Low-Income Housing Assistance Policies 4. Assessment of Compliance with Prior Report 5. Assessment of Compliance with Intent of Congress 6. Public Comments In answer to Councilman Malcolm's query regarding changes in the housing report, Community Development Director Desrochers stated the only changes not mentioned in last December's report was Item D, No. 4 "minimization of concentration of low-and moderate units in any one area of the City". Stan Jacek of Chula Vista, inquired as to whether this was the first time Chula Vista was getting involved in the bond issue. Housing Coordinator Gustafson responded the City had been involved in a similar bond in 1983; however, this is the first time under the new Treasury regulations that a report such as this has been required. There being no further comments either for or against, the public hearing was declared closed. RESOLUTION OFFERED BY COUNCILWOMAN McCANDLISS, the reading of the text was waived by unanimous consent, passed and approved unanimously. 6. PUBLIC HEARING TO CONSIDER DEFERRING THE REQUIREMENT TO UNDERGROUND EXISTING OVERHEAD UTILITIES ADJACENT TO OTAY VALLEY ROAD INDUSTRIAL PARK (Director of Public Works/City Engineer) This being the time and place as advertised, Mayor Cox opened the public hearing. City Manager Goss explained staff has been talking with the property owner regarding this particular project and with the concurrence of the property owner, staff is requesting a two week continuance to the meeting of March 12. MSUC (Scott/Cox) to continue this public hearing until March 12. 7. PUBLIC HEARING CONSIDERATION TO GRANT A FIVE YEAR EXTENSION TO A FRANCHISE FOR REFUSE COLLECTION AND DISPOSAL TO CHULA VISTA SANITARY SERVICE (Assistant City Manager) a. ORDINANCE 2104 AMENDING ORDINANCE No. 1993 EXTENDING CHULA VISTA SANITARY SERVICE'S FRANCHISE TO COLLECT AND DISPOSE OF REFUSE WITHIN THE CITY OF CHULA VISTA - FIRST READING · 'r T City Council Minutes - 4 - February 26, 1985 This being the time and place as advertised, Mayor Cox opened the public hearing. Councilman Scott stated he is abstaining from discussion of this item due to potential conflict of interest and left the dais at this time. City Manager Goss explained that on September 21, 1982, a five-year extension to the long-standing existing franchise with Chula Vista Sanitary Service VS (C S) went into effect. On November 29, 1984, a letter was received from Bud Chase, CVSS Manager, requesting a five-year extension to the current five-year franchise term, plus two five-year options contingent upon satisfactory performance of the franchise agreement. City Manager Goss stated that on February 5, 1985, the City Council adopted a Resolution of Intention which specifically identifies the requested five year extension to the current franchise, two additional five year options if the franchisee has performed in a satisfactory manner, and any other terms of the franchise which may be considered at the time of the proposed extension. A 1/2% increase in the franchise fee will produce additional revenue of $15,700 for calendar year 1986. Based on 1985 revenue, a 10% franchise fee would equate to $293,000 in franchise revenue in 1996, an increase of $160,000 over the current fees generated by the 4 1/2% rate. Mr. Goss noted a number of changes have been recommended for Council consideration: 1. Extending the contract for two 5-year options which would bring the agreements to the year 2002. 2. Guarantee construction of the service center within Chula Vista. 3. CVSS is proposing annual routine rate increases to be handled routinely. Anything above a routine rate increase would have a public hearing and evaluation of financial data by the City's Finance Department. The definition of a routine rate increase would be anything up to the CPI price index, but anything over 6% would not be handled routinely. Land fill charges would be passed through on the rates but these also could be subject to public hearing at the City Council's discretion. 4. Increase in franchsie fee currently which is 4.5% . It is proposed to go to 5% on April l, 1986 and a 1/2% thereafter until 1996. This is to prevent the fee from getting out of date over the life of the agreement. The trend throughout the State is for a higher franchise fee to reflect not only the use of the public streets but also to pay the cost related to the damage done to City streets by the heavy trucks used by the franchise holder. There is also a cost to the City for cleaning the streets of accumulated trash. A fee increase over a period of ll years would reflect those types of costs to the City. City Council Minutes - 5 - February 26, 1985 5. CVSS a rees to coo erate on special clean-up projects in the communi~ which they ~ave done in the past. 6. CVSS agreement to indemnify the City and to carry any legal costs in connection to any lawsuits in which the City may be a named party. Mr. Goss outlined the following advantages to the City as well as residents: (1) certainty of garbage service and ability for garbage company to provide financing they need to install a moderate service facility; (2) staff resources can be used more efficiently and effectively; (3) routine rate increases avoid the problem of conflict of interest (such as the Cable franchise); and {4) designed to take burden off general fund for the use to clean up the City streets. Councilwoman McCandliss expressed concerned regarding the additional time necessary for changing the franchise fee rate change, building of the facility and the problem of locating a site for the facility in the City within the specified 15 months. City Attorney Harron declared that if CVSS could not locate a facility within the 15 month time period, the extensions would be lost. There being no testimony either for or against, the public hearing was declared closed. Council discussion ensued regarding the difference between the rate level structure between mandatory and optional franchises; satisfaction with the rate regulation and review presently being used by the City; the high cost of the audit preparation. Director of Finance Christopher responded to Council's question regarding the audit prepared by the CVSS. CVSS is a subsidiary of a parent company and turn in their financial statement on an annual basis. It is not possible to select the financial figures that pertain to Chula Vista from the parent company audit; therefore, a separate audit agency performs an audit which breaks out the Chula Vista operations. There is a possibility of having the audit firm that works for the parent company also certify the statements that are submitted by Chula Vista. Mayor Cox noted the ordinance requires a public hearing for any rate increases, at the discretion of the City Council. Councilwoman McCandliss stated the CPI figures do not necessarily affect this particular industry and is not sure how true a "yardstick" the CPI is for rate increases. When the Council goes through a public hearing and financial work is done on the statement, it is related to what the cost and revenue is and whatever extra related costs are over a given time period. As far as a mandatory service, which this is, this is the least the citizens of Chula Vista can expect from the Council regarding a mandatory service. City Manager Goss stated the CPI is not a perfect index or "barometer" of reflecting the cost of this service; however, this is used as an indicator of general changes. Councilman Moore asked the City Manager to put this item on the "tickler file" and notify the City Council 90-days prior to each 5-year option extension. City Council Minutes - 6 - February 26, 1985 MSUC {Malcolm/Cox) to place the ordinance on first reading, the reading of the text was waived by unanimous consent, passed and approved with Councilwoman McCandliss voting "no" and Councilman Scott abstaining. Councilman Scott returned to the dais at this time. 8. PUBLIC HEARING PCM-85-7, CONSIDERATION OF AMENDMENT TO THE RANCHERO SPA PLAN TO PERMIT CHILD DAYCARE CENTERS WITHIN THE P-C ZONE - WILLIAM MURRAY AND ASSOCIATES {Di rector of Planning) a. RESOLUTION ADOPTING AN AMENDMENT TO RANCHERO SPA PLAN TO PERMIT CHILD DAYCARE CENTERS WITHIN THE P-C ZONE This being the time and place, Mayor Cox opened the public hearing. Director of Planning Krempl explained the application, filed by William Murray and Associates, is for the establishment of a 7,300 square foot child care center on 1.76 acres located on the southeast corner of Paseo Del Rey and East "j" Street presently designated for neighborhood commercial uses. The Planning Commission recommended approval of the request specifically at the C-N zoned site located at the southwest corner of Paseo del Rey and "J" Street within the SPA. Council discussion ensued regarding precise plan to come back to Council for review; suitable buffering; single-family homes properly notified; State requirements for day care centers regarding space, fencing, play area, etc.; present design to accommodate 140 children; traffic considerations regardin signalization, right-of-way and number of lanes; question of the future use oV the triangular parcel designated commercial owned by the applicant. William Murray, 1080 Pamona Road, Corona, agent for Day Bridge Learning Centers, Inc. a subsidiary of ARA Services of Houston, Texas stated they represent a quality day care facility and feel it will be an asset to the community. He explained noise levels will be handled by appropriate screening, hours of operation will be for daytime child care operation (6:30 a.m. to 6:30 p.m.). Dave Zungel, 910 Redland explained his concern regarding the elevation of the site blocking the views of five adjacent houses. He also shared concern with the triangular piece of property being zoned commercial and would like to see the design and height of the proposed wall. There being no further comments either for or against, the public hearing was declared closed. Council discussion involved the problems with the property having commercial use on the triang.lar parcel; not .avi.g enough and u.usually shaped requirement that property to be used for day care no assurance view will be protected; need for a daycare center and nursery school location as this area is being developed residentially; staff favors a small convenience center would be good because of access to "J" Street - to be a major artery to the City Council Minutes - 7 - February 26, 1985 City; have precise plan before the Council prior to zoning; special daycare center State laws for 6 or less children in residential areas; traffic generation study indicates street system i s adequate; and an alternate pl an of considering daycare use and rezoning simultaneously. RESOLUTION OFFERED BY MAYOR COX, the reading of the text was waived by unanimous consent. The motion failed by the following vote to-wit: AYES: Cox, McCandliss NOES: Malcolm, Scott, Moore ABSTAIN: None MSC (Cox/Scott) to encourage the applicant to come back with the actual site plan and a proposal for the development of the balance of the property (to tie-down the use of that property on the remnant~ Councilman Malcolm voted II n nO . 9. PUBLIC HEARING CONCERNING CREATION OF A SEWERAGE FACILITY PARTICIPATION FEE (Director of Public Works/City Engineer} a. REPORT SEWERAGE FACILITY PARTICIPATION FEE b. ORDINANCE ADDING CHAPTER 13.14 TO THE CHULA VISTA MUNICIPAL CODE ESTABLISHING A SEWERAGE FACILITY PARTICIPATION FEE - FIRST READING This being the time and place as advertised, Mayor Cox opened the public hearing. City Engineer Li ppitt explained Chula Vista is one of very few agencies which does not impose a charge against new construction for sewage treatment plant and/or trunk sewer capacity. Capacity in such facilities is characteristically provided at public expense and typically allows for future growth. It is proposed that a sewerage facility participation fee be implemented so as to permit the citizens to be repaid for the investment to allow growth in Chula Vista. The City Engineer's report submitted to Council on January 22, 1985 described the justification and basis of the proposed fee. The system of fees proposed is based on a charge of $300 per equivalent dwelling unit (EDU). Income from this fee as proposed will be dependent upon the rate at which development occurs. Based on past growth rates, income is likely to range between $82,000 and $305,000 per year. Mr. Lippitt explained the hearing is to consider the establishment of a sewer participation fee of about $300 per equivalent dwelling unit. The purpose of this fee is for new people connecting to the City sewer system to pay City Council Minutes - 8 - February 26, 1985 connection fee to reimburse the citizens of Chula Vista for their investment in developing a reserve over the years in purchase of excess capacity in the Metro sewer system. The fee has two parts I1) the establishment of the fee and (2) the establishment of the sewer capital reserve fund. The money expended is to pay for the capacity charge over a period of years to pay off the bonds for the original sewer system. This will (1) reduce the monthly service charge to reduce or 1 ower the fee; (2) and pay for part of the cost of enlarging the capacity of major sewers for accommodating growth throughout the City and (3) reconstructing major deteriorating sewer facilities within the City. Mr. Lippitt explained major developers have been notified and some have shown concern regarding how the money is to be used in reconstructing sewers. The concerns were in regard to how the money is to be expended and not whether there should be a fee in the first place. McMillin Company was concerned with using these funds for older sewers and United Enterprises has shown concern regarding new sewers as they felt there was a growth inducing factor. Councilman Moore questioned" C-l" in the agreement relating to using funds for routine usage. Councilman Malcolm was concerned with using up the City's capacity. In answer to Councilman Scott's request for opinion, City Engineer Lippitt explained staff's reasoning for apportioning the fees (pa ing portion of the Metro capacity charge), the typical family pays about ~ a a month with less than $1 going toward reserving the capacities or paying off the bonds. This can go toward one-half of that and would pay back the people for the investment they have made after all these years and could also be used for future payments to Metro. All agencies in the Metro area will be working with the City of San Diego in improving the plan . If there is approval, it will be done on a bond indebtedness. He stated the City should keep a sizable portion to repair a major trunkline to be recouped, relieved or for major extensions. Michael C. Spata, 1007 Fifth Avenue, San Diego, Attorney for United Enterprises testified he spoke with several members of the staff today and is not opposed to the concept. He added that the basis of the report indicated a draft ordinance would be prepared by staff and then circulated to interested parties. Since that draft ordinance did not come to his office until today, he stated it would be difficult to make a commentary on the draft ordinance. The engineering report appended to the January 22 report which indicates there will be a contemplated extension from Otay Valley Road onto United's property all the way to Poggi Canyon. The basis of this fee substantiates that extension. Mr. Spata related some concerns of United Enterprises: (1) proposed extension of United's property does not link up to any major property; (2) basis for fee of $300 contemplates or encompasses the sewer lines that will go on United's property. If United Enterprises does not have an opportunity to make suggestions to those extensionst he submitted that the adoption of the ordinance would be arbitrary. In addition, in regard to the environmental issue that was raised, if the City is anticipating future growth to Chula Vista and if the City is going to City Council Minutes - 9 - February 26, 1985 collect fees for any future lines, and it is a sewer line, that is a significant fact which requires environmental review. Since a possible cumul ati ve effect could be growth-i nduci ng, then some CEQA analysis i s necessa~. Mr. Spata added it may be a little premature to go forward with this ordinance which they are not opposed to in concept, especially if United Enterprises is considered an interested party whose commentary may be helpful and constructive to the City. Based on this, they are asking to be allowed to discuss: (1) whether the City does in fact contemplate that proposed sewer lines are going to be extended in United Enterprises property and (2) whether United Enterprises concerns and comments will be considered in the adoption. Mr. Spata asked for a three week continuance. Councilman Malcolm noted the City has always been cooperative with United Enterprises and has granted numerous extensions, as requested by Mr. Spata. Senior Civil Engineer Harshman responded to Councilman Moore's query regarding the calculation of the $300 for the fee: 1/5 of that cost ($60) was based on the City paying approximately 1/3 of the cost of those major trunk extensions and the rest of it on what the citizens have paid for the capacity. Most of it is to pay back the citizens of Chula Vista for what they have invested in the Metro system. Adoption of this ordinance would not allow the City to extend one line. It only speaks to it in general terms and does not indicate this money is going to be for any specific project. City Engineer Lippitt added that 1/3 of the cost of the fee is used for assisting developers and extending the trunk system. MSUC Cox/McCandliss) to continue this item for three weeks and ask staff to sit down with representatives from United Enterprises to consider proposals they may have on this ordinance. lO. ORAL COMMUNICATIONS a. Jane Unger, representing the Chula Vista Women's Club stated on Saturday, March 2, the annual Craft Show and Sale at the Club House will take place and requested a "blanket waiver" for a business license fees for that event. The monies collected will be used to help support programs and charitable contributions in Chula Vista. MSUC (Malcolm/Moore) to waive the fees subject to any staff conditions. City Council Minutes - lO - February 26, 1985 b. Bess Pocklington, 656 Glover Place, Chula Vista commented on City Council's position regarding Navy Housing. She questioned Council's "reversal" regarding location. Mayor Cox explained Council took no action, other than to consider other sites for Navy housing in lieu of that particular site. Mrs. Pocklington expressed concern with a site being selected along the trolley line and suggested the Bayfront as an appropriate site for Navy housing. CONSENT CALENDAR (Items ll-18) MSUC (Cox/Moore) to approve the Consent Calendar with Item No. 12 to be deleted. ll. RESOLUTION 11946 AUTHORIZING PURCHASE OF MOBILE RADIOS (Director of Finance) The fiscal year 1984-85 budget provides for 14 two-way mobile radios for use by the Police Patrol Division. Bids for communications equipment were advertised via a cooperative purchasing arrangement as authorized by Council Resolution No. 6132 with the City of San Diego. General Electric Company was awarded the bid at a price of $1,462.25 each. Purchase price for the 14 radios including sales tax is $21,699.79. Councilman Scott recommended that when new equipment is purchased there be a paragraph included in the agenda statement as to what will be done with the replaced equipment. 13. RESOLUTION 11947 AUTHORIZING EXPENDITURE OF UP TO $500 FROM THE APPROPRIATED CONTINGENCY RESERVE FOR COSTS INCURRED IN HOSTING THE SOUTHERN CALIFORNIA SISTER CITIES CONFERENCE (Assistant City Manager) The City of Chula Vista will be hosting the Southern California Sister Cities Conference in April 1985 and certain financial obligations will be incurred as the host city. Monies expended by the City in hosting the Conference will be returned to the City's contingency reserve as a result of an agreement between the City and the County of San Diego wherein this activity was identified as one of those eligible for funding out of County allocated Transient Occupancy Taxes. 14. ORDINANCE 2102 ADOPTING THE DEVELOPMENT AGREEMENT FOR THE EASTLAKE PLANNED COMMUNITY - SECOND READING AND ADOPTION (Director of Planning) Ordinance 2102, adopting the development agreement was placed on first reading at the meeting of February 19, 1985. The agreement sets forth the commitments the developer will do and the commitments the City will do. The EastLake Development Company agrees to provide the public and private improvements identified in the SPA Plan and the Public Facilities and Financing Plan and the City agrees not to change the planning and zoning approvals applicable to EastLake I during a specified period of time. City Council Minutes - ll February 26, 1985 15. ORDINANCE 2103 REPEALING THE PLANNED COMMUNITY DISTRICT REGULATIONS ADOPTED BY THE CITY FOR EASTLAKE ON SEPTEMBER 7, 1982 (ORDINANCE 2002) AND ADOPTING THE EASTLAKE I PLANNED COMMUNITY DISTRICT REGULATIONS FOR THE AREA OF EASTLAKE I NORTH OF OTAY LAKES ROAD - SECOND READING AND ADOPTION (Director of Planning) On September 7, 1982, the City Council adopted Planned Community District Regulations for EastLake I. At that time, the regulations were general because specific plans of development were not available. Definitive land plans have been completed including master tentative subdivision maps; therefore, on Februa~ 19, 1985 the City Council placed the ordinance on first reading. The proposed PC Zone regulations as incorporated in the ordinance are organized into nine (9) sections: Section I General Provisions Section II Residential Standards Section III Village Center Standards Section IV Business Center Standards Section V Open Space Standards Section VI Special Uses and Conditions Section VII Sign Regulations Section VIII Off-Street Parking Regulations Section IX Administrative Procedures 16. REPORT REQUEST FROM CALTRANS FOR TEMPORARY CLOSURE OF CITY STREETS DURING STATE ROUTE 54 FREEWAY PROJECT (Director of Public Works/City Engineer) A request has been received from CalTrans indicating it may become necessary to close Fourth Avenue and/or North Second Avenue for a period of approximately one week during the construction of the I-5/SR-54 freeway project. Staff recommended City Council approve the request subject to CalTrans agreement that only one north-south route would be closed at any one time. It should further be required that signs be placed on the street at least a week prior to closing of the street so that the motoring public can become aware of the proposed closing. Also, acceptable detour signage should be approved by the Cities of Chula Vista and National City prior to the actual implementation of the closure. Councilman Moore recommended the residential community be notified when the street is being closed. City Manager Goss stated there would be ample time to proceed with notification. 17. REPORT REQUEST TO CONDUCT lg85 INTERNATIONAL SPRING FESTIVAL MARATHON (Acting Director of Parks and Recreation) The Foundation of Optimal Health and Longevity requested permission to conduct a Marathon, Sunday, May 4, 1985 to begin at the foot of "H" Street and end at Rosarito Beach, Baja, California. Waiver of fees i s al so requested. I F T City Council Minutes - 12 - Februa~ 26, 1985 The Acting Director of Parks and Recreation recommended Council (1) approve the race subject to staff conditions and (2) disapprove the request to waive fees for traffic control. 18. REPORT CIVIL SERVICE COMMISSION ANNUAL REPORT, 1983-84 (Director of Personnel) This report summarized the activities of the Civil Service Commission during Fiscal Year 1983-84 and includes a brief description of the Civil Service Commission and its work and mentions some highlights of its activities during the last fiscal year. End of Consent Calendar RESOLUTIONS AND ORDINANCES, FIRST READING 12. RESOLUTION 11948 AUTHORIZING EXPENDITURE OF $300 OUT OF THE APPROPRIATED CONTINGENCY RESERVE (Assistant City Manager) The Chula Vista Police Department and the Chula Vista Police Association will be honoring the retirement of lO police officers who have retired from the Department in the last several weeks. As a tribute to these individuals, some of whom have served in excess of 30 years in the Department and collectively representing nearly 300 years of police work, it has been suggested the City contribute the sum of $300 toward which expenses that will be incurred due to the various program expenses. Councilman Scott raised the question of the problem of equity in a "selective gift". We suggested looking at personnel practices to include all employees. RESOLUTION OFFERED BY COUNCILMAN MALCOLM, the reading of the text was waived by unanimous consent. The resolution passed unanimously. MSUC (Scott/Cox) people who have served 20-30 years in the City who have given a significant amount of their life for the City should be recognized and request staff come back with an "enlightened policy". Councilman Moore suggested staff look into having a 10-20 year retirement criteria and maximum contribution to fit into certain criterias. UNANIMOUS CONSENT ITEM 18A. RESOLUTION EXPRESSING SUPPORT FOR THE LOCATION OF A SUPERIOR COURT WITHIN THE SOUTH COUNTY REGIONAL CENTER (City Attorney) Councilman Moore submitted the resolution noting the City Attorney will forward a copy to each of the Mayors in the County asking for support. Mayor Cox made the correction that Sunny Mojonnier's name was misspelled in the Resolution and requested this be corrected. City Council Minutes - 13 - February 26, 1985 Councilman Scott commented there has been some discussion about not being able to get the Superior Court in Chula Vista because of lack of space. This came about because of Proposition 13; however, originally Chula Vista provided the mechanism for that bonding. MSUC (Scott/Cox) to ask staff to look into the possibility of funding some financing mechanism for the County if the need arises so the City will be prepared. 19. RESOLUTION 11950 APPROVING FIRST AMENDMENT TO AGREEMENT FOR TEMPORARY CONNECTION AND SEWAGE TRANSPORTATION BEI!~EEN CHULA VISTA, SAN DIEGO AND MONTGOMERY SANITATION DISTRICT (Director of Public Works/City Engineer) In December 1983, City Council approved an agreement (Resolution 11489) with San Diego, Montgome~ Sanitation District, Otay Water District and Otay International Center authorizing construction and operation of the Otay Mesa Sewer and temporary use by San Diego in the Date-Faivre Trunk Sewer. That agreement stipulates the maximum extent of temporaW use of the Date-Faivre sewer and the area of service for which such temporary use was intended. On April 24, 1984, City Council approved a second agreement (Resolution 11608) authorizing utilization of a minor portion of the capacity in the Date-Faivre sewer by an area within San Diego but not within the stipulated service area of the December 1983 agreement referenced above. The April 24, 1984 agreement established a maximum number of equivalent dwelling units (EDU's) to be served thereunder as 212 units. Robinhood Homes has requested permission to serve an additional 144 dwelling units on a neighboring property to that initially approved for service. This increase necessitates approval of an amendment to the agreement which the Council approved on April 24, 1984. Staff recommended approval of the request. Councilman Scott stated he will continue to vote against this indicating the problem was not studied in detail. The City has a tremendous "bargaining chip" and the City would be able to negotiate to use this capacity at a later date. RESOLUTION OFFERED BY COUNCILWOMAN McCANDLISS, the reading of the text was waived by unanimous consent, passed and approved with Councilman Scott voting no . 20. RESOLUTION 11951 APPROVING AN AGREEMENT WITH HOME DEPOT INC, FOR THE PROVISION OF FUNDS TO ASSIST IN THE RELOCATION AND UNDERGROUNDING OF A 69kv ELECTRIC LINE, AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT AND APPROPRIATING FUNDS THEREFOR (Community Development Director) Councilman Malcolm stated he would not participate in discussion or voting on this item due to potential conflict of interest and left the dais at this time. Pacific Scene has been planning the development of a shopping center at 1-805 and "H" Street for the past several years. This center includes major anchor tenants such as Safeway, Longs Drugs, Marshall's Department Store, and a Home City Council Minutes - 14 - February 26, 1985 Depot home improvement center. Because of the size of the Home Depot building, it is necessary to acquire an adjacent parcel and relocate a 69kv electric 1 ine which currently separates the shopping center parcel and the additional parcel to be purchased. Relocation and undergrounding of this line will cost approximately $230,000. The City Council is requested to approve an agreement to provide funds to cover a portion of the cost of the relocating this line. Repayment of these funds will be guaranteed through additional sales tax revenue accruing to the City from the Home Depot center. In answer to Councilman Moore's question, Community Development Director Desrochers explained Block Grant Funds were suggested to be used, and if approved could be reimbursed. RESOLUTION OFFERED BY COUNCILMAN SCOTT, the reading of the text was waived by unanimous consent, passed and approved with Councilman Malcolm abstaining. Councilman Scott complimented staff on their progressive effort to enter into an agreement such as this. Councilman Malcolm returned to the dais at this time. 21. RESOLUTION 11952 RESCINDING PRIOR RESOLUTION NO. 11931 AND AUTHORIZING A COOPEPd~TIVE PURCHASE OF A FIRE PUMPER FROM THE CITY OF LOS ANGELES (Director of Public Safety) At the meeting of February 5, 1985, the City Council authorized cooperative purchase of a fire pumper via the City of San Diego. Since that date: (1) San Diego Fire Equipment Company has rescinded their offer to the City to cooperatively purchase a fire pumper via the City of San Diego; and (2) the City has been extended the opportunity to cooperatively purchase a fire pumper through the City of Los Angeles by Seagrave Fire Apparatus, Inc. at a price which is $11,514 lower than that of the City of San Diego. The recommendation is for Council approval and for the appropriation of $11,780 i n supplemental funds for purchase of the fire pumper. In response to Councilman Moore's question, Director of Public Safety Winters stated that there will be an on-site inspection and test of this project before the City accepts it. Battalion Chief Lopez stated that when he originally met with the regional representative for the Emergency 1 Fire Engine Company, he was given a letter stating the City could cooperatively bid with the San Diego purchase. When the representative from the factory arrived, he did not have the authorization to offer it at that price and offered another fire engine which did not meet City's specifications. RESOLUTION OFFERED BY COUNCILMAN MOORE, the reading of the text was waived by unanimous consent, passed and approved unanimously. 22. REPORT OF THE CITY MANAGER a. City Manager Goss commented on vehicle replacement policy. He stated it was his intention to upgrade the City's fleet and make it more cost City Council Minutes - 1B - Februa~ 26, 1985 effective and reduce maintenance costs. The real intent when replacing is to auction or dispose of vehicles and not put them somewhere else to be used within the City. b. City Manager Goss noted that Friday, March l, at lO a.m. at the South Bay County Regional Center will be the dedication of Chula Vista's new fleet of buses to which Council is invited. Also, there will be a media tour on the new buses led by Mayor Cox and Supervisor Bilbray. This tour will include EastLake and Otay Valley Redevelopment and other parts of Chula Vista after the ceremony. REPORTS OF OFFICERS AND DEPARTMENT HEADS 23. REPORT RECOMMENDATION FOR DEVELOPMENT OF CITY-OWNED PARCEL ADJACENT TO CHULA VISTA MUNICIPAL GOLF COURSE (Community Development Director) In April, the City sent out Requests for Proposals (RFP's) for the development of three acres adjacent to the municipal golf course on Bonita Road. The proposed developments for this visitor-commercial zoned parcel is a quality motel and/or dinnerhouse. Staff re-issued the RFP in September and received two responses. Pacific Scene Communities, Inc. submitted a proposal to develop a lO0-unit senior citizens residential retirement complex and Joelen Enterprise submitted a proposal to develop a 120-room hotel/conference center. The Community Development Director recommended the Council not make a selection at this time concerning development of the site and recommended the Council direct staff to: 1. Study the future parking needs of the golf course and Jimmy's On-the-Green Restaurant; 2. Study the possibility for the integrated development of additional commercial land uses with the restaurant, including the two proposed developments; 3. Obtain an independent market study for the Joelen proposal. MSUC (Scott/McCandliss) to accept the recommendation of staff. In response to Councilman Moore's query, Community Development Director Desrochers commented on the difficulty of the two developers integrating their proposals with dimntv's facility and to try to work out the parking problem. Councilman Moore noted there is more than one place to put parking other than to the west of "Jimmy's" and hoped that the people conducting the study should review this. Councilwoman McCandliss said she was glad this is being studied in regard to the need for the area. REPORTS, REQUESTS FROM BOARDS AND COMMISSIONS 24. REPORT STATUS OF COMMISSION ON AGING City Council Minutes - 16 - February 26, 1985 The Commission on Aging was established by Ordinance 2016 in January 1982 with a sunset date of January 21, 1985. The Commission contends it has played an important role on behalf of the senior members of the community by their various activities and by providing a forum to hear and consider numerous problems. They maintain it is important a Commission on Aging become a permanent commission wi thin the City structure. MSUC (Moore/McCandliss) to accept the report, staff and committee recommendations. Councilman Scott discussed incorporating a sunset clause for more commissions. MSUC Moore/Scott) ask staff to look into a policy for sunset clauses (applicable to appropriate commissions and committees). 25. MAYOR'S REPORT a. Mayor Cox reported the Coastal Commission approved additional dredging for the Sweetwater Flood Control Channel and commended Councilman Malcolm for supporting the position of the City of Chula Vista on this item. b. Mayor Cox stated Gunpowder Point will be under consideration on the agenda for the Thursday Coastal Commission Meeting. c. Mayor Cox commented Council has been invited to the second annual "Depression Days Banquet" at the Poor Gourmet, 388 "F" Street, Chula Vista, Sunday, March 3. (12 - 3 p.m.) d. Mayor Cox asked for a report on the acquisition of the right-of-way for the Telegraph Canyon Flood Control Project. This item was included in the Council packets as a communication item from Congressman Bates. City Engineer Lippitt stated, regarding the right-of-way, the City has met with the County and based on review, it is anticipated this project can be awarded by September 30. A status report will be submitted to Council. Mayor Cox indicated his concern as this was not a line item in the budget and if funds are not awarded by September 30, there is no guarantee those funds would continue. e. Mayor Cox reported that on the southeast corner of "E" Street there is a continuing "pigeon problem" which needs a solution as it is a health and safety hazard. City Manager Goss referred to the "pigeon report" submitted by staff which was sent to the service station owner of that site. That area will be cleaned twice a week and staff will look into other alternatives. f. Mayor Cox noted there was a Council tour of City two weeks ago to look at " potential 1 ocations for freeway signs and no direction was given staff at that time. City Council Minutes - 17 - February 26, 1985 MSUC (Cox/Scott) to ask staff to secure sites for entry signs on the I-5 and 1-805 corridor with the exception of trying to come up with some other alternatives for the I-5 south location. g. Mayor Cox reported that he and Community Development Director Desrochers took a helicopter tour of the City with a person who has an interest in developing in Chul a Vista. The Mayor stated he was impressed with the benefit to be gained by the Council in taking a helicopter tour of the City. MSUC (Cox/Moore) for staff to investigate the cost in regard to Council taking a helicopter tour and report to Council. h. Mayor Cox noted included in Council packets was an item from the City C1 erk regarding a memo from the International Friendship Commission for subcommittee formation criteria. He asked if there was a need for Council action on this item. City C1 erk Fulasz stated she attended a meeting Monday night and was asked if Council had taken any action. She stated she would docket this item for Council action at next week's meeting. 26. COUNCIL COMMENTS a. Councilman Moore noted the Parking Consultant report due soon. MSUC (Moore/Scott) for a Parking Place Commission report to include income and expenses for the year (and that it accompany the Parking Consultant's report). b. Councilman Scott reported on the Logo Committee meeting today. The City seal/1 ogo has been selected. The Committee said they would be willing to stay on to get the logo started and will bring in 4-5 logos for Council's approval. MSUC (Malcolm/Moore) for permission for the Logo Committee to continue with logo selection. c. Councilman Scott requested bringing forward to the Council an appeal of South Bay Pioneer Apartments. In response to Councilman Scott's questions, City Attorney Harron stated any citizen can appeal an action and a majority of Councilmembers is required to vote on this item. MSUC {Scott/Moore} to bring an appeal of South Bay Pioneer Apartments to the City Council and to waive the fees. d. Councilman Scott stated there have been some problems regarding Conditional Use Permit's. He stated there are certain things such as density signs that should come back to the Council. MSUC (Scott/Malcolm) for staff to see if some Conditional Use Permits should come to the Council on appeal. e. Councilman Malcolm stated that Norm Ross shared an idea with staff regarding the daycare center. There is a Church site across street and City Council Minutes - 18 - February 26, 1985 perhaps the Getsten Company would be willing to shift this around. The commercial site would be good to retain. .f. Mitch ~)eecham consultant for Chula Vista and Watt Industries, noted some breakdown with Chula Vista and Mr. Lemanager (Watt Industries). There were some problems he should have known concerning the meeting the City had with the Coastal Commission today, but he did not find this out until Fri day. The most important thing i n Chul a Vista i s the Bayfront. Councilman Malcolm reiterated the need to hire someone to work just on the Bayfront. City Manager Goss noted a report will be coming to City Council on this. g. Councilman Malcolm requested some type of written policy on appeals. MSUC (Malcolm/Cox) to refer this item to staff on policies for appeals so it is on record that a Councilmember would not have to pay $100 to appeal a project to Council. h. Mayor Cox noted that on March 7, the City Attorney and Assistant City Attorney will be out of town attending a Conference. This will be the last meeting before the Superior Court hearing on the Demurrer of the City of Chula Vista and the State of California on the Sierra Club 1 awsui t. The mayor suggested schedul i ng the Redevel opment Agency meeting after the Council meeting next Tuesday night. The City Council concurred to cancel the Redevelopment Agency Meeting of March 17 and schedule the Redevelopment Agency Meeting for March 5 following the City Council Meeting. ADJOURiENT at lO:O0 p.m. to the Council Conference on Thursday, Februa~ 28, 1985 at 4:00 p.m. and to the regular meeting of March 5, 1985 at 7:00 p.m. CLERK ' WPC/0554C PAG/m