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HomeMy WebLinkAboutcc min 1987/04/28 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA Tuesday, April 28, 1987 Council Chamber 7:00 p.m. Public Services Building ROLL CALL MEMBERS PRESENT: Mayor Cox; Councilmembers Nader, Moore, McCandliss, Malcolm MEMBERS ABSENT: None STAFF PRE$ENT: City Manager Goss, Assistant City Manager Asmus, City Attorney Harron PLEDGE OF ALLEGIANCE TO THE FLAG, SILENT PRAYER The Pledge of Allegiance to the Flag was led by Mayor Cox followed by a moment of silent prayer. 1. APPROVAL OF MINUTES for the meeting of April 21, 1987. MSUC (Nader/Malcolm) to approve the minutes; Councilman Moore abstained since he was not present at that meeting. 2. SPECIAL ORDERS OF THE DAY a. PROCLAMATION - PROCLAIMING THE WEEK OF MAY 1-8, 1987 AS "YOUTH WEEK" The proclamation was presented to Lecturing Knight Reggie Sharp and Gary Hummell, Scholarship Chairman of the Chula Vista Elks Lodge No. 2011. CONSENT CALENDAR (3a - 6) Items pulled: 3a, 3c, 3d, 3h, 4 and 5. MSUC (McCandliss/Nader) to approve the Consent Calendar. 3. WRITTEN COMMUNICATIONS a. REQUEST FOR SUPPORT TO REQUIRE FAIR DISTRIBUTION OF PUBLIC FUNDS FOR MENTAL HEALTH PROGRAMS AND REQUEST TO CONSIDER OPTIONS TO ATTRACT MONIES FOR STUDY OF SAN DIEGO BAY - Brian Bilbray, Chairman, Board of Supervisors, 1600 Pacific Highway, San Diego, CA 92101 Pulled from Consent Calendar. Minutes - 2 April 28, 1987 b. REQUEST TO ESTABLISH A MANDATORY CURBSIDE RECYCLING PROGRAM FOR ALL DISTRICTS IN THE COUNTY - North County Concerned Citizens, Inc., P.O. Box 2042, San Marcos, CA 92069 The City Manager reported that while encouraging the County to support a mandatory recycling program is appealing, more 'information probably should be obtained before taking a final position on this request. MSUC (McCandliss/Nader) to refer to staff for report. c. REQUEST TO RESPOND TO WRITTEN COMMUNICATION FROM DIRECTOR OF PUBLIC SAFETY WINTERS, Toni DiMaggio, Mercy Crusade, Inc., P.O. Box 17784, San Diego, CA 92117 Pulled from Consent Calendar. d. REQUEST TO DISCUSS TRAFFIC SITUATION IN OTAY LAKES/CORRAL CANYON ROAD AREA Manuel Llera, Principal, Bonita Vista High School, 751 Otay Lakes Road, Chula Vista, CA 92010 Pulled from Consent Calendar. e. REQUEST FOR SUPPORT OF AB 1608 (KATZ) COMMERCIAL VEHICLES: UNSAFE OPERATION - Hugh H. Mullet, Mayor, Rolling Hills Estates, 4045 Palos Verdes Drive North, Rolling Hills Estates, CA 90274 This was a letter from the Mayor of Rolling Hills Estates regarding extending certain authority to local law enforcement officials regarding the removal of unsafe commercial vehicles from local streets and highways. The full implication of this change, as reflected in AB 1608, as far as operation impact on the City, is unknown at this time. MSUC (McCandliss/Nader) to support AB 1608. f. CLAIMS AGAINST THE CITY - Maria Morfin Cervantes; Hector Morfin; Ricardo Morfin Cervantes; Edwardo E. Morfin; c/o 2048 Aldergrove Ave., Ste. F, Escondido, CA 92025 MSUC (McCandliss/Nader) to deny the claims. g. REQUEST FOR WAIVER OF FEES AND BOND REQUIREMENTS - J. J. Cody, President, South Bay Pioneers, 270 "C" Street, Chula Vista, CA 92010 This was a request by South Bay Pioneers to waive fees and bond requirements for their planned 18 unit apartment expansion at 270 "C" Street. The total amount of fee and bond requirements to be waived per this request is unknown. MSUC (McCandliss/Nader) refer to staff for report. Minutes - 3 '- April 28, 1987 h. REQUEST FOR RECONVEYANCE OF PROPERTY AT SOUTHWESTERN COLLEGE - Joseph M. Conte, Superintendent/President, Southwestern College, 900 Otay Lakes Road, Chula Vista, CA 92010 Pulled from Consent Calendar. 4a. RESOLUTION AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF BONDS PURSUANT TO THE "IMPROVEMENT BOND ACT OF 1915" FOR THE SPECIAL ASSESSMENT DISTRICT KNOWN AND DESIGNATED AS ASSESSMENT DISTRICT NO. 85-1 (LA$ FLORES DRIVE) (Director of Public Works/City Engineer) b. RESOLUTION APPROPRIATING ~162,156.82 FOR THE RESERVE FUND AS PROVIDED IN THE ISSUANCE OF BONDS PURSUANT TO THE "IMPROVEMENT BOND ACT OF 1915" FOR SPECIAL ASSESSMENT DISTRICT KNOWN AND DESIGNATED AS ASSESSMENT DISTRICT NO. 85-1 (LAS FLORES DRIVE) c. RESOLUTION MAKING AWARD FOR SALE OF BONDS AND PROVIDING FOR THE ESTABLISHMENT OF A REDEMPTION FUND d. RESOLUTION APPROPRIATING ASSESSMENT DISTRICT 85-1 NET BOND PROCEEDS OF $1,558,013.48 FOR THE LAS FLORES DRIVE IMPROVEMENT PROJECT e. RESOLUTION AWARDING CONTRACT FOR THE CONSTRUCTION OF CERTAIN PUBLIC WORKS OF IMPROVEMENT IN A SPECIAL ASSESSMENT DISTRICT Pulled from Consent Calendar. 5. RESOLUTION ORDERING THE SUMMARY VACATION OF PORTIONS OF SEWER AND DRAINAGE EASEMENTS WITHIN LOTS 142, 143, 161 AND 170 OF BONITA LONG CANYON, UNIT #3 AND AUTHORIZING THE MAYOR TO EXECUTE A QUITCLAIM DEED FOR SAID EASEMENTS (Director Of Public Works/City. Engineer) Pulled from Consent Calendar. 6. RESOLUTION 13003 ACCEPTING BIDS AND AWARDING CONTRACT FOR CONSTRUCTION OF "G" STREET AND FIFTH AVENUE STORM DRAIN SYSTEM ADJACENT TO CHULA VISTA JUNIOR HIGH SCHOOL IN THE CITY OF CHULA VISTA (Director of Public 'Works/City Engineer) Minutes - 4 - April 28, 1987 On March 25, 1987 sealed bids were received for the project which involves removal and disposal of existing improvements, excavation and grading, sidewalk and sidewalk ramp, various sizes of pipe (Alternate A-reinforced concrete pipe; Alternate B-cast in place concrete pipe), various drainage structures, trench shoring, paving, base, curb and gutter, protection and restoration of existing improvements, and traffic control. The recommendation was that Council accept the bids and award contract to Overson- Rand Enterprises (low-bidder), Lakeside, in the amount of ~113,959.00. END OF CONSENT CALENDAR PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 7. PUBLIC HEARING ESTABLISHING A SEWERAGE FACILITY REPLACEMENT FEE This being the time and place as advertised, Mayor Cox declared the public hearing open. Director of Public Works/City Engineer Lippitt explained that staff has submitted justification for and the basis of a proposed Sewerage Facility Replacement Fee of ~.70 per dwelling unit per month; however during preparation of the preliminary 1987-88 budget it also became apparent that it will soon be necessary to increase the overall sewer service charge by ~2.61 per month so as to pay for the rapidly escalating Metro System costs. Any change in the sewer service charge necessitates considerable work with the water-serving agencies to actually implement the change through their billing procedures. The proposed replacement fee would be collected with the Sewer Service Fee and its implementation will involve the same process and cost as would a simple change in the Sewer Service Fee. In order to minimize time and expense, staff proposed that implementation of the Replacement Fee be coordinated with any increase in the Sewer Service Charge which may result from current studies. There being no public testimony either for or against, the public hearing was closed. MSUC (Moore/Malcolm) to continue the hearing until such time as a general rate increase is considered. Councilman Malcolm stated that it was important that the City Manager note that staff should start right now to prepare the report on what is happening, why this increase and the cost of the San Diego Metro along with the sewerage problems so that the public can be given this information. Minutes - 5 - April 28, 1987 8.PUBLIC HEARING PROPOSED INCREASE IN SEWERAGE FACILITY PARTICIPATION FEE (Director of Public Works/City Engineer) a. RESOLUTION 13004 APPROVING INCREASE IN THE SEWERAGE FACILITY PARTICIPATION FEE AND AME~]DING THE MASTER FEE SCHEDULE BY ADDING SECTION 13.14.020 THERETO b. ORDINANCE 2202 AMENDING SECTION 13.14.020A OF THE MUNICIPAL CODE RELATING TO SEWERAGE PARTICIPATION FEE - FIRST READING This being the time and place as advertised, Mayor Cox declared the public hearing open. Director of Public Works/City Engineer Lippitt noted that justification for an increase in the Sewerage Facility Participation Fee to $600 was set forth at the March 24, 1987 meeting. On March 26, 1987, staff received a letter from the Construction Industry Federation (C.I.F.) which requested the City take no action to increase Fees until costs, and their equitable distribution, are determined. The recommendation was that Council amend the City Code to modify the Master Fee Schedule so as to increase the Sewerage Facility Participation Fee from $300 to $600 per new equivalent dwelling unit of flow. In answer to Council's questions, Consultant Bill Harshman explained the establishment of the $300 fee and the anticipated cost for the preparation of the studies for the expansion of the Metro System. He stated San Diego City has budgeted $10 million for the preliminary engineering costs and the satellite agencies will be bearing a portion of that cost. Mr. Harshman added that in the future, there will be tremendous costs associated with that system. The $600 proposed fee is based on the formula anticipating some of those costs. Mr. Kim Kilkenny, 6336 Greenwich Drive, San Diego 92122, representing the Construction Industry Federation, commented that growth must pay its own way and sewerage charges are necessary and should be passed along to the builder; however, he questioned (1) if the City has any data on which to base the cost for this fee; (2) is there an obligation on the part of the contractor to pay for the secondary treatment at the Metro System and; (3) where is the justification for the $600 fee. · i T Minutes 6 - April 28, 1987 There being no further testimony either for or against, the public hearing was closed. Councilman Malcolm responded to Mr. Kilkenny's letter stating his comments were irresponsible; the $600 fee is "quite cheap" and Council should be considering more; this is a regional problem and everyone should be working together to solve the problem. Councilman Malcolm added that preparation needs to be started today to build up the City's reserve for this cost and the money put into an interest bearing fund. Director Lippitt stated the $600 fee was based on the information available to staff today; when more information is forthcoming, perhaps in 6 months, a new report will be submitted. Most likely, there will be a bond issue on the cost of this secondary treatment of the Metro system. Mayor Cox remarked that he realizes this secondary treatment will go up significantly but felt that Council should approve the ~600 increase now and then have staff evaluate this cost and provide them with more information in 3 to 4 months. RESOLUTION OFFERED BY MAYOR COX, the reading of the text was waived by unanimous consent, passed and approved unanimously. MSUC (Cox/McCandliss) to place the ordinance on first reading, the reading of the text was waived by unanimous consent, passed and approved unanimously. MSUC (Cox/McCandliss) for staff to come back with a status report in 90 days and to continue on with the reports every 90 days. This should include a staff analysis of the cost. 9. PUBLIC HEARING CONSIDERATION OF 90 DAY EXTENSION OF TIME TO ABATE A SCRAP YARD LOCATED AT 128 MACE STREET (Director of Planning) This being the time and place as advertised, Mayor Cox declared the public hearing open. Director of Planning Krempl submitted a plat noting the location and land uses in the area and reported that the City Council, at its meeting of March 3, 1987, received a written communication from the attorney representing the property owner, in conjunction with a past request for a major use permit for auto dismantling and recycling yards located at 128 Mace Street. The written communication was referred to staff for a report with direction that the matter be heard before the Montgomery Planning Committee for a recommendation. Minutes 7 April 28, 1987 The Montgomery Planning Committee, at its meeting of April 1, 1987, recommended that Council grant the requested extension of time to abate the use from March 31, 1987 to June 30, 1987. The Planning Commission, at their meeting of April 22, 1987 voted to extend the existing scrap yard use for a period of 24 months or 60 'days from the date of implementation of the Montgomery Specific Plan. The Commission further recommended that the 24 month extension period begin from April of 1986, the date that Commission originally granted the major use permit and that the conditions of approval which applied to that major use permit be applied to granting of the time extension. Staff's recommendation was to deny the extension request and direct the owner of the property to abate the use effective in six weeks which would be June 9, 1987. In response to Council's questions, Director Krempl stated that a detailed set of minutes is not prepared for the Montgomery Committee, and the meeting is not taped; therefore, he is not sure what their rationale was 'in making this recommendation since he was not present at that meeting. Councilman Moore stated he observed this situation; it has been cleaned up both inside and out; wants what is best for the City; there is a junkyard there but it is running quite efficiently right now. Mr. Don Lindberg, Attorney representing the applicant, 4201 Bonita Road #240, Bonita 92002, stated his clients are doing an efficient job of taking care of waste products. He referred to his letter asking for the extension to June 30, stating that when this was approved by the Montgomery Planning Committee, he understood it was to be a reconsideration of the matter on June 30 and not abated at that time. Mr. Lindberg added that the Planning Commission reaffirmed their action for a an extension to 60 days after the adoption of the Montgomery area Specific Plan. It may very well be that once the Specific is approved, the uses in this particular area will remain as industrial uses. Therefore, it is unjust to make this one particular use eliminated while allowing the others to remain. Council discussion followed, noting the present owners were new at the time this first came to Council; it would be extremely expensive for the applicant to purchase new property; the applicant's are leasing land on which they are operating this scrapyard; the Montgomery Specific Plan will be finished at the end of this year, that is, it will be ready for public hearings; the applicant will commit to a reasonable amortization. Minutes - 8 - April 28, 1987 Mr. Paul Greene, Sr., 141 Lotus Drive, Chula Vista 92011, stated he is representing the interest of a temporarily unconfirmed first runner-up candidate for the office of the Mayor of Chula Vista. He stated this is not a scrapyard, it is a scrap removal yard and he urged Council's consideration to allow the use to remain. There being no further testimony either for or against, the public hearing was closed. Councilman Malcolm said he wants clarification of the action by the Montgomery Planning Committee and have a member of that Committee present at the meeting next week to testify before the Council as to their rationale of their action taken. MSUC (Malcolm/Nader) to continue this item for 2 weeks to have staff report on the action of the Montgomery Planning Committee and to request one Member of that Committee to be present at the meeting. 10. PUBLIC HEARING COUNCIL APPROVAL OF REDEVELOPMENT AGENCY LEASING TO THE CITY OF CHULA VISTA OF PROPERTY IN TOWN CENTRE II TO BE ACQUIRED BY THE AGENCY WITH TAX INCREMENT FUNDS (Continued from meeting of April 7, 1987) (Community Development Director) RESOLUTION 13011 APPROVING THE LEASING TO THE CITY OF CHULA VISTA OF CERTAIN AGENCY PROPERTY WITHIN THE TOWN CENTRE II REDEVELOPMENT AREA, TO BE ACQUIRED BY THE AGENCY WITH TAX INCREMENT FUNDS, FOR THE PURPOSE OF FINANCING PUBLIC IMPROVEMENTS WITHIN THE TOWN CENTRE II REDEVELOPMENT PROJECT AREA, SUBJECT TO THE APPROVAL OF THE LEASE AGREEMENT, FINANCING PLAN AND AMENDED TOWN CENTRE II REDEVELOPMENT PLAN Mayor Cox noted that the public hearing and resolution will be trailed until the joint meeting with the Redevelopment Agency which follows the City Council meeting. 11. ORAL COMMUNICATIONS a. Dr. Frank O'Neill, 836 Cheryl Court, Chula Vista 92010, stated he wished to discuss the renovation plans for the San Diego Country Club. Councilman Malcolm stated he is a member of that Club and will abstain from any discussion due to a possible conflict of interest. Councilman Malcolm left the dais at this time. I IT Minutes - 9 - April 28, 1987 Dr. O'Neill submitted fact sheets to the Council and referred to the petition submitted at an earlier meeting signed by 102 of their members asking for an opportunity to hire the architectural firm of Kelly-Markam to do a structural analysis of the building. He stated they could save approximately $68,000 if they retained the building and asked for Council to direct the SDCC Board to employ these architects and to appoint an equal number of members who favor renovation to the Committee to work with Kelly-Markam MSC (Cox/McCandliss) for staff to include an analysis of the cost to preserve the building in their report to the Council. Councilman Malcolm abstained. Mayor Cox noted that the decision to hire an architect to renovate or not belongs to the members of the San Diego Country Club and not to the City Council. Councilman Malcolm returned to the dais at this time. b. Paul Greene, St. 141 Lotus, Chula Vista 92011, stated he is speaking to item 3h on the agenda. Mayor Cox asked Mr. Greene to wait until that item was before the Council for consideration; however, Mr. Greene stated he wanted to speak to it at this time. He questioned who would be paying for this Botanical Garden; asked about the status of his complaint which he submitted to the City Clerk for distribution to Council at a previous meeting; asked when the report from the Director of Public Safety would be doming back. Mayor Cox noted that the Council received an informational item on this last week and the City Manager explained Director Winters' memo. Mr. Greene then asked about the access road on East Walnut Drive and why that was being closed. Director Lippitt responded that it was originally closed as a condition of the subdivision that was going in there. If it is to be closed permanently, there will be a public hearing on it and residents in that area will be notified. c. Joseph Raso, 165 Murray, Chula Vista 92010, wished to speak to Council on the status of his house construction. Mayor COX noted that staff is coming back with a report on this next week and asked Mr. Raso to hold his comments until that time. In response to the Mayor's question, Director Krempl stated staff did not get a report or check with Mr. Raso's engineer concerning whether or not the roof can be opened up. Minutes 10 - April 28, 1987 MSUC (Cox/Moore) to direct staff to get this analysis and have it come forth next week or in two weeks. PULLED ITEMS 3a. REQUEST FOR SUPPORT TO REQUIRE FAIR DISTRIBUTION OF PUBLIC 'FUNDS FOR MENTAL HEALTH PROGRAMS AND REQUEST TO CONSIDER OPTIONS TO ATTRACT MONIES FOR STUDY OF SAN DIEGO BAY Brian Bilbray, Chairman, Board of Supervisors, 1600 Pacific Highway, San Diego, CA 92101 Councilman Nader stated he did not agree with the City Manager's recommendation that this letter from Supervisor Bilbray just be acknowledged with appreciation. He felt a specific reply should be coming from Council. He noted that Supervisor Bilbray is also requesting that a representative from City staff be present at the solid waste workshop on May 29. MSUC (Nader/Malcolm) to send a letter to Supervisor Bilbray commending him on his efforts in this area; outlining the steps Chula Vista is taking in this area and notifying him that the City will send a staff representative to the May 29 solid waste workshop. 3c. REQUEST TO RES?OND TO WRITTEN COMMUNICATION FROM DIRECTOR OF PUBLIC SAFETY WINTERS, Toni DiMaggio, Mercy Crusade, Inc., P.O. Box 17784, San Diego, CA 92117 It was noted that there was an earlier letter from Toni DiMaggio of the Mercy Crusade to speak to the Council regarding the Director of Public Safety's March llth memo regarding practices at the Animal Shelter. She was unable to be at that meeting to make that verbal presentation and requested an opportunity on the 28th to make such a presentation. Ms. Toni DiMaggio, 4328 Mt. Putnam, San Diego 92117, representing the Mercy Crusade, noted the few minutes it takes to train someone to give the shots to the cats and dogs and asked for Council's directive to have all dogs and cats given shots at the pound prior to their adoption. MSUC (Malcolm/McCandliss) to accept the staff recommendation. Councilwoman McCandliss invited Ms. DiMaggio to return to the Council at the time budget deliberations are held and to see if funds for the pound would be available at that time. Minutes - 11 April 28, 1987 3d. REQUEST TO DISCUSS TRAFFIC SITUATION IN OTAY LAKES/CORRAL CANYON ROAD AREA - Manuel Llera, Principal, Bonita Vista High School, 751 Otay Lakes Road, Chula Vista, CA 92010 Mr. Manuel Llera, Principal, Bonita Vista High, stated he is surprised at the amount of traffic and congestion on Otay Lakes Road noting it is quite severe. There are a great number of students who drive their own automobiles and a number of parents who, everyday, drop off and pick up students. The problem is the congestion, speed and having only one driveway into the southern and northern parking areas of the school. The students are constantly running across the street and not using crosswalks. He asked that Council expedite resolution of this problem. MSUC (Malcolm/Cox) to refer this to staff and Safety Commission for a report back as per staff recommendation and that this to be done expeditiously. MSUC (Malcolm/Moore) to reconsider item 3e at this time. MSUC (Malcolm/Moore) to support AB 1608. 3h. REQUEST FOR RECONVEYANCE OF PROPERTY AT SOUTHWESTERN COLLEGE - Joseph M. Conte, Superintendent/President, Southwestern College, 900 Otay Lakes Road, Chula Vista, CA 92010 In response to the Mayor's letter of April 15 indicating to the Southwestern College Board of Trustees the Council's wishes to review the feasibility of proceeding with the botanical garden and requesting that the College Board defer action on the reconveyance until the study is completed in 120-150 days, the letter from Superintendent Conte indicated that the Governing Board is no longer interested in participating in development of a botanical garden, nor to grant the additional time for any further study. The City Manager reported that if it is felt that Council's concerns are adequately addressed by this exchange of letters, then consideration of conveying the property back to the College District should be undertaken. If not, an opportunity. of discussing the issue with the Board, through a Council representative or a committee of the Council, might be considered. Superintendent/President Joe Conte stated the College Board voted formally taking action at their last meeting to ask Council to reconvey the property back to the College. Minutes - 12 - April 28, 1987 Councilman Malcolm noted the conveyance agreement entered into with the College, although it was not on the deed; he felt that the property should be reconveyed back to the College since its been over 5 years and the City has not done anything to put in the garden. He is however, disappointed that the College Board did not wait to hear from a member of the Council on this. Councilman Nader said he asked to be notified when this item came before the College Board. Mr. Conte stated that an agenda was sent to the City. City Manager Goss stated that he was not aware of seeing the agenda and had called the College to notify him when they would be considering this item. Councilwoman McCandliss commented that she she talked to one of the Board members today; that member did not have a clear understanding of what the Council wanted. She supports the City Manager's recommendation to have two representatives from the Council meet with the College Board and get a clearer understanding of this situation. MS (McCandliss/Nader) that this item be continued for a period of three weeks to allow a committee of two Councilmembers (Councilwoman McCandliss and Councilman Nader) to meet with representatives of the College Board. Mr. Conte noted that their next meeting would be held on May 12. Councilwoman McCandliss stated that this report will be given to the Council at the meeting following the May 12 College Board meeting. Mayor Cox indicated he will support the motion but feels the College has been "up front" in their request and now they have other uses for that property. He cannot support having a Botanical Garden at that location. The motion carried unanimously. 4a. RESOLUTION 13005 AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF BONDS PURSUANT TO THE "IMPROVEMENT BOND ACT OF 1915" FOR THE SPECIAL ASSESSMENT DISTRICT KNOWN AND DESIGNATED AS ASSESSMENT DISTRICT NO. 85-1 (LAS FLORES DRIVE) (Director of Public Works/City Engineer) Minutes - 13 April 28, 1987 b. RESOLUTION 13006 APPROPRIATING ~162,156.82 FOR THE RESERVE FUND AS PROVIDED IN THE ISSUANCE OF BONDS PURSUANT TO THE "IMPROVEMENT BOND ACT OF 1915" FOR SPECIAL ASSESSMENT DISTRICT KNOWN AND DESIGNATED AS ASSESSMENT DISTRICT NO. 85-1 (LAS FLORES DRIVE) c. RESOLUTION 13007 MAKING AWARD FOR SALE OF BONDS AND PROVIDING FOR THE ESTABLISHMENT OF A REDEMPTION FUND d. RESOLUTION 13008 APPROPRIATING ASSESSMENT DISTRICT 85-1 NET BOND PROCEEDS OF 41,558,013.48 FOR THE LAS FLORES DRIVE IMPROVEMENT PROJECT e. RESOLUTION 13009 AWARDING CONTRACT FOR THE CONSTRUCTION OF CERTAIN PUBLIC WORKS OF IMPROVEMENT IN A SPECIAL ASSESSMENT DISTRICT City Council at its meeting on April 14, 1987, formed Assessment District No. 85-1 (Las Flores Drive). The assessments were confirmed and the improvements were ordered to be made. Serial bonds will be issued to represent the unpaid assessment, and bear interest at a rate not to exceed the current legal maximum rate of 12% per annum. The length of the bonds is 15 years. One of the resolutions this evening asks the Council to appropriate monies for the reserve fund. This amounts to 10% of the confirmed assessment or 4162,156.82. The Council by previous action on November 18, 1986 had agreed to fund the reserve funds. It was recommended that the City Council appropriate these monies from the unappropriated balance of the General Fund. On September 17, 1986 sealed bids were received for the work which includes clearing of the site, grading, curbs, sidewalk, driveway approaches, water and fire protection facilities, drainage facilities, underground electrical, telephone, cable television facilities, and street lighting together with appurtenances and appurtenant work to serve the benefitted properties. Staff recommended awarding the contract to Erreca's, Inc. (low-bidder) in the amount of 91,195,970.00. Funds for the award of this contract will come from the proceeds of the sale of the bonds. Director of Finance Christopher stated he received a bid from Stone and Youngberg offering to buy the bonds at an interest of 8.45%. He has checked with other firms and verified that the City would be getting a good deal on this. Minutes - 14 - April 28, 1987 Director Lippitt noted the protest from Frank Balistrieri at the last meeting. Staff has met with Mr. Balistrieri and into this. He stated there are several options to this issue; however, he would like to discuss it with the Council in Closed Session since there may be some potential litigation involved. He asked that Council go ahead and approve the resolutions on the docket this evening since withholding action on Balistrieri's lots would not impact the Assessment District. Mr. Frank Balistrieri, 1030 Fifth Avenue, Chula Vista 92011, stated he met with the staff on two occasions. He thought the staff would be giving him a breakdown of the costs and the amount of dirt that would be put in; however, staff just showed him why he was getting such a good deal. He discussed this with Shale Hansen of the Engineering staff who said there was a problem with the $4,000 being charged him for the sewer main which is not on his property; however, at the second meeting he was given a list which informed him why he is not entitled to the refund of the $4,000. He is involved in both Assessment Districts and asked that the City Council take a look at this problem more closely and come to some resolution of the matter. Councilman Malcolm responded that staff needs to go through a justification and breakdown of the costs associated with Mr. Balistrieri's property and prepare a report answering those questions for Council. Director Lippitt stated staff is working on such a report and will be coming back to Council. RESOLUTION OFFERED BY COUNCILMAN MALCOLM, the reading of the text was waived by unanimous consent, passed and approved unanimously. Councilman Malcolm informed Mr. Balistrieri that the staff will be coming back with a report, a copy of which will be given to him in adequate time for him to respond to Council. He suggested that Mr. Algert, the Engineer, be contacted as to verification on the figures. 5. RESOLUTION 13010 ORDERING THE SUMMARY VACATION OF PORTIONS OF SEWER AND DRAINAGE EASEMENTS WITHIN LOTS 142, 143, 161 AND 170 OF BONITA LONG CANYON, UNIT #3 AND AUTHORIZING THE MAYOR TO EXECUTE A QUITCLAIM DEED FOR SAID EASEMENTS (Director of Public Works/City Engineer) Minutes - 15 - April 28, 1987 Mayor Cox stated that he has been informed by the City Attorney that he does not have a potential conflict of interest due to the fact that Home Federal has an interest in this Bonita Long Canyon. However, until he gets an opinion from the Fair Political Practices Commission (FPPC), he will be abstaining from all discussions involving the Bonita Long Canyon. Mayor Cox abstained and' left the dais at this time. On June 17, 1986, by Resolution 12530 the City Council accepted certain offsite easements for drainage and sewer purposes in conjunction with approval of Bonita Long Canyon No. 2 Subdivision. Portions of these easements are located within lots 142, 143, 161 and 170 of Bonita Long Canyon Unit No. 3. McMillin Development Company, the current owner of the lots has requested that the portions of said easements located within lots 142, 143, 161 and 170 be vacated in order to eliminate unnecessary easements from title reports for the subject properties. Staff has determined that the easements are no longer necessary and recommends approval. RESOLUTION OFFERED BY COUNCILMAN MALCOLM, the reading of the text was waived by unanimous consent, passed and approved unanimously with Mayor Cox abstaining. Mayor Cox returned to the dais. 2. REPORT OF THE CITY MANAGER a. City Manager Goss noted the items to be considered at both the Redevelopment Agency/City Council meetings on April 30 at 4 p.m. and 7 p.m. 13. MAYOR'S REPORT a. Mayor Cox briefly discussed AB 385 (Allen) which requires Port Commissioners to be elected officials. Councilman Malcolm noted that the Council had taken previous action to oppose this bill. City Manager Goss confirmed that a letter can be sent out noting Council's opposition to this bill. 14. COUNCIL COMMENTS a. Councilman Malcolm discussed the Auburn/East H Street signalization issue stating that if the City is going to be paying to put an adult guard crossing at this intersection, it would seem prudent to put in the traffic signalization. If a crossing guard is needed during the day, it certainly is needed on weekends also when soccer games and other activities are going on in the school area. Minutes - 16 - April 28, 1987 Council discussion followed regarding consideration of this item at budget time to be compared to other priorities; to have a school crossing guard at this location until the end of school; the reports coming from the City Manager weekly on the traffic signalizations and studies in City; this particular signalization is in the top twenty. b. Councilwoman McCandliss asked for an update on the studies being done on Otay Valley Road. Community Development Director Desrochers stated Dr. Conway, from San Diego State, had a student working on this. He is scheduling a meeting for next week and the Council will receive a report. c. Councilman Moore referred to the staff's informational item regarding the anti-speeding issue in the City noting that. one item would be bumper stickers. He asked that the Council see these stickers before they are printed. d. Councilman Moore asked that the .Mayor set a date for the evaluation session with the City Manager. The City Council recessed at this time (10:05 p.m.) to the Redevelopment Agency meeting. 1:55 a.m. 10 PUBLIC HEARING COUNCIL APPROVAL OF REDEVELOPMENT AGENCY . LEASING TO THE CITY OF CHULA VISTA OF PROPERTY IN TOWN CENTRE II TO BE ACQUIRED BY THE AGENCY WITH TAX INCREMENT FUNDS (Continued from meeting of April 7, 1987) (Community Development Director) RESOLUTION 13011 APPROVING THE LEASING TO THE CITY OF CHULA VISTA OF CERTAIN AGENCY PROPERTY WITHIN THE TOWN CENTRE II REDEVELOPMENT AREA, TO BE ACQUIRED BY THE AGENCY WITH TAX INCREMENT FUNDS, FOR THE PURPOSE OF FINANCING PUBLIC IMPROVEMENTS WITHIN THE. TOWN CENTRE II REDEVELOPMENT PROJECT AREA, SUBJECT TO THE APPROVAL OF THE LEASE AGREEMENT, FINANCING PLAN AND AMENDED TOWN CENTRE II REDEVELOPMENT PLAN RESOLUTION OFFERED BY MAYOR COX, as amended, the reading of the text was waived by unanimous consent, passed and approved unanimously. Minutes - 17 April 28, 1987 At 2:00 a.m. the Council recessed to Closed Session to discuss Sierra v. Coastal Commission and potential litigation. The City Clerk was excused and the City Manager reported the Session ended at 2:07 a.m. ADJOURNMENT AT 2:07 a.m. to the joint meeting of the Redevelopment Agency/City Council scheduled for Wednesday, April 29, at 7 p.m. and the Council Conference on April 30, 1987 at 7:00 p.m. and to the regular meeting of May 5, 1987 at 4:00 p.m. City Clerk 1002C CITY OF CHULA VISTA, CALIFORNIA Held April 28, 1987 The City Council met in the Council Chamber at the Public Services Building, 276 Fourth Avenue on the above date at 7:00 p.m. with the following Councilmen present: Cox, McCandliss, Malcolm, Nader, Moore Councilmen absent: None ADJOURNMENT The Mayor adjourned the meeting at 2:00 a.~.m. until Wednesday Council Chamber April 29, 1987 at 7:00 p.m. in the ~M~X~M~ ~, City Hall, 276 Fourth Avenue, Chula Vista, California. I, Jennie M. Fulasz, City Clerk of the City of Chula Vista, DO HEREBY CERTIFY that this is a full, true and correct copy of an order by ~he City Council at the meeting of April 28, 1987 ~LASZ, CMC, CITY CLERK City of Chula Vista, Californi~"'~ I also certify that on 4/29/87 at the hour of 9:00 a.m. I posted a copy of said order at a conspicuous place on or near the door of the place at which said meeting of 4/28/87 was held.