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HomeMy WebLinkAboutcc min 1998/12/15MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA Tuesday. December 15. 1098 6:04 p.m. Council Chambers Public Services Building CALL TO ORDER ROLL CALL: PRESENT: ABSENT: ALSO PRESENT: Councilmembers: Davis. Moot, Padilla, Salas. and Mayor Horton City Manager. David D. Rowlands; City Attorney. John M. Kaheny: City Clerk Beverly A. Authelet: and Deputy City Clerk, Charline Long. PLEDGE OF ALLEGIANCE TO TIlE FI,AG, MOMI';NT OF SIIJENCE 3. APPROVAL OF MINUTES: None were submitted. 4. SPECIAL ORDERS OF THE DAV: A. Oa, lh of Oilice: City Clerk Authelet administered the Oath of Office to Emma Abutin, Commission on Aging; Doralee Radichel, Child Care Conm~ission: Jose V. Alberdi. Jr., Design Review Committee: Bud Gray. Growth Management Oversight Comn~ission; George Hartman. Library Board of Trustees: and Gregory Alabado. Otay Valley Road Prqject Area Committee. B. Plaques uf recognitilm. liar the sl',ons~lrs {7I the Tenth Anniversary of the Arturo Barrios Invitational. were given to Jim Fraelle, The Sports Anthority; Leo Zipp and Glenda McCarthy. Washingtim Mutual: Jim Ambroso,~, Bud Cluse, and Paul Lozano. San Diego Landfill Systems: Dave Warren. Pacific Bay Homes: Paul Nieto. EastLake Development: Ron McEIliot. Income Property Group: Niko Gelastopoulos, Aunt Emma's Pancakes; Rick Berlin and Charles Moore. Pacific Waste Systems; Dave Warsira and Peter Martin. BF Goodrich Aerospace: Doug Fuller. Fuller Ford and San Diego County Ford Dealers: and Karen Corona. El Informador/Penny Saver C. Mayor Horton ]'lrescntcd a I~rllclamation Ill Ron Koen. owner of Henry's Marketplace, liar a donation of $872.10 to the Norman Park Senior Center. D. Dr. Libia Gil. Superintendent, Chula Vista Elementary School District. and Pam Smith. ChairofCImla Vista Elementary School Board, presented ll~c Mayor and Council with plaques m apprccmtmn tier their support and participation on Proposition JJ. E. Cliff Swanson intrt~duccd Norman Quinlan. a resident i~l Twin Oaks Avenue. who presented plaques of appreciation to Frank Rivera. Anthony Chukwudlue. Jim Holmes. Tomme Lutz. and Jim Biasi fn~m the Engineering Department file their assistance. dedi,,'atilm, and pr~ltk-ssilmalism. F. Added Item: Mayor Horton intloduct. d the new CityClerk Susan Bigelow and wished retiring City Clerk Beverly Authelet all the host. Minutes December 15, 1998 Page 2 CONSENT CALENDAR (Itcmv pulled: 6 and 12) BALANCE OF CONSENT CALENDAR OFFERED BY MAYOR HORTON, headings read, texts waived, passed and approved 5-0). Moot abstained m~ Items 9, 13, and 17. 5. WRITTEN COMMUNICATIONS: A. Letter from the City Attorney starlug that tu the best uf his knowledge fronl ohserwlnce ofuctions taken in Closed Session un December 8, 1998, thut there were no actions takeu which are required under the Brown Act to be reported. It is recommended that the letter he received and filed. 6. ORDINANCE 2769 AMENDING SECTION 2.52.040 OF TIlE MUNICIPAL CODE TO MODIFY THE DEFINITION OF "CONTRIBIITIONS" TO ALLOVf FOR COI.I~ECTION OF ADDITIONAL FUNDS TO RETIRE A DEBT INCURRED IN A DECLARATORY RELIEF ACTION OR ANY ACTION TO ENFORCE PERCEIVED RIGItTS UNI)ER THE ELECTIONS CODE OR TIlE MUNICIPAI~ CODE (first readint/) - During the mllst recent Council election a candidate incurled substantial legal l~'es in an cfti~rt to cnfbrce rights under the Election Code. The current City ordinance exelllpls trom the definition of "contributions" other donations made to a candidate or councilmembers to assist in paying legal t~cs. The proposed amendment to the ordinance w<mld make the legal defense fired exception more equitable. Slalt recommends Ctmncil place the ordinance on first reading. (City At.~rncy) The item was pulled by Ctmncilmcmher Salas. Cimncilmemher Salas asked if candidates wlmld report legal delLnse fhnd contributions tit the Fair Political Practice Ciinm~issilm anti if there wcrc a di,llar limitatil>n on what an individual could contribute to a legal defense limd? John Kaheny, City Attorney. stated that the intent ¢11 the ordinance was to excise fi'om the election ordinance the definition ofcontributilm illonics donated fi,' legal expenses rclaling h, the campaigns. As defined in the ordinance, the $1,000 campaign contribution limit would not apply. Cimncihnember Salas asked if ]cgal contfihutilms would he reported iln the disclosure statements that accompany agenda statements? Mr. Kaheny replied that they would he listed as a gift, hut would nllt he restricted to the $250 limit. Cottncilmember Moot remarked that the City has an ordinance indicating that a gift iir contribution of $1.000 creates a vote preclusion. Mr. Kaheny replied that the only change is that tins ,rtlmancc wlmkl alhlw ti, cl~ntrihntions ~lr both criminal and civil procedures. Councihnelnber Salas commented that her disc.mtilrt was with not having limitations iln a contribution to a legal defense Iilnd. She agreed with staJ'f~s suggcsli,n to rctk'r the matter t, the Board of Ethics ~r review. Councilmember Padillia questioned theFair Political Practices Commission's guidelines regarding monies received exprt:ssly ~r legal f~es incurred by the candidale tlr tlrganiT~ailm. Mr. Kaheny stated that, with Proposition 208 still in the ctmrts and lither Ihan Chula Vista's local ordinance. there is no statewide contribution limit lln' political campai,~ns. Hiiwcvcr, under the FPPC guidelines, ira Councilmember receives a giB, it is reportable. and these contributions to a Ic~al detcnse fund may in l~ct be reported as gifts. Minutes December 15, 1998 Page 3 Councilmember Padillia commented that some proposed language referred to "funds being tier pursuing a civil action to enforce a right" and suggested that the language could be broader. Mr. Kaheny replied that the language is designed to authorize the raising of money to reimburse a candidate fbr costs incurred in a civil action arising out of the campaign. Councilmember Padillia stated that he was curtires ablmt the perceived rights language, which might simply address moving for a declaratory relief or any other lilt which there is an lintstanding interest, Mr. Kaheny stated that the language could be amended to include perceived rights or interest under either the election code or municipal code. Conncihnember Padillia replied that tile intent ,in m,lvmg tin'ward cm this pillicy ',va~. approprmte: however. he would support a review by the Board of Ethics. Councilmember Moot asked if a Councihnenlber received a gilt ill mlu'e than $1,0OO.00 and disclosed it, would it still create a vote preclusion'/ Mr. Kaheny stated that the only $ I ,000.00 limit that hc was aware ill was in the campaign contribution ordinance, which is the aggregate $1,OOO.00 over lilur years. and that specifically relates Ill contributions as they are defined in the ordinance. Councihnember Salas stated that she Mt it was a danger{ms precedent if the Cormoil or public did not have gift contribution inti>rmation when considering an agenda item. Councilmen~ber Moot stated that p~ople arc rea]izing that tile way to get arlmnd campaign ct~ntrihution limits is to find wealthy candidates or create an independent cxpcndihlrc conlnfillce. The ordinance is designed to bring equity between wealthy and nl~t-sll-,.vealthy candidates. Councilmember Salas stated that the threat ill the independent expenditure committee and the disparity of a wealthy person versus an ordinary cflizcn wits a rely good argtunent, and she snggesled that discusslien hc det'~rled on this item until the Ethics Committee has reviewed it. Councihnember Padillia stated that this policy is a gl.~d i~olicy becattsc ~t attempts t{i balance two things; it keeps the integrity of the limitations and the campaign tlrganizatilm that raises tunds. This policy change would have no limit on an alllount an individual candidate or oilice Ii~fidcr {u' a c~mh'tdlcd committee could take in fi~r purposes of a legal defense. and reporting thai incom~ would fidl with lhe FPPC guidelines. Mayor Horton stated that with the argtLnlents Ihal the ordinance i~rllpllsal was an ,'quitable and [hir, and is needed to protect the interests of those individuals involved. ORDINANCE 2769 OFFERED BY MAYOR HORTON TO BE PLACED ON FIRST READING. headinl~ read. text waived. Councilmember Salas asked if a nlechanism could he established to idcnli l'y legal lilnd c~n~tributilms on the agenda item disclosure statements. Mr. Kaheny stated that such a mechanism could be established, since these types ill contrihntions have to be reported annnally to FPPC. Councihnember Padillia stated that an internal s.,,stcm shonld icquilc dischlsutc by persons with an aggregate amount of contributions fron~ a person or persons &ring hnsiness with the City ~,t' C]~ula Vista nmst he disclosed. Minutes December 15, 1998 Page 4 Mr. Kaheny stated that contributions to the legal ti. lnd arc set up to relieve a Cimncilnlember from an obligation to pay abill. and those contributions would be asourceofinclmleundcrthcFPPCrules. ACouncilmemberwould have to declare the contributions and then abstain from voting. Mayor Horton stated that it is nmch the same as with someline who has a conflict of interest: the person must take the responsibility to disclose that conflict. VOTE: 2-2-0-1 (Padillia and Salas opposed, Davis abstained). SUBSTITUTE MOTION (Mtmt/Padilla) tu refer Ordinance 2769 to the Buard 0f Ethics ~r review and return to Cnuncil nn January 12, 1999, approved 4-0-0-1 (Davis abshtined). 7. RESOLUTION 19304 APPROVING COMPENSATION BENEFITS FOR TIlE CITY MANAGER -In accordance with the prllvisilms of ResolutionNumber 18909), the Mayol and Cotlllci[ have reviewed the perlbrnmnce of the City Manager. David D. Rowlands. Jr.. and have p~llposed that an adittsttnent be made in his salary. Per slaws recommendation. the rcs{llutilm ',~as apprllved 5-0. {City Attllrney) 8. RESOLUTION 19305 APPOINTING SUSAN BIGELOW AS CITY CLERK - Council directed that a resolution be prepared setting forth th{Ise Icrms anti clmtliti,ns fin' the initial empk~ymcnt of the new City Clerk, Susan Big~low. as agrccd uplm between the City Clerk and Ciluncil. Per stal'l's rccommentlation. the resolution was approved 5-0. (City Attm'ney) 9. RESOLUTION 19306 APPROVING TIlE FIRE STATION NUMBER 4 THIRD DEFERRAL AGREEMENT - This is the third tlet~rral agrccmenl with re,gard to tile cllnstructilm ill the new Fire Station Number 4 in Rancho del Rey ifff of East "H" Street. The City's current agreement with Rancho del Rey Investors, L.P. (the McM illin Companies) to extend tile det~rral lilt the advancement of hinds tin' rehlcating Fire Station Number 4 was predicated upon the City adl~pting an updated Public Facilities Develllpmcnt hnpact Fee Program (PFDIF) by December 15, 1998. As the PFDIF will not be presented to Cimncil fin' actilln until after January I, 1999~ an extended deliareal agreen~ent is necessary. Per stalFs recommendattire, the rcslllulion was apprt~ved 4-0-0-1 (Moot abstained). (Fire Chief and Deputy City Mana,gcr) 10. RESOLUTION 19307 ACCEPTING AND AMENDING TIlE SALARY AND BENEFITS INCREASE FOR THE DEPUTY DIRECTOR OF TIlE CALIFORNIA BORDER ALLIANCE GROUP AND APPROPRIATION OF FUNDS FROM IINANTICIPATED GRANT REVENUE On Scptcmber 5, 1995, Cimncil approv~d the Cily hi act as the "fiscal agent" lilt Ihe Califi~rma Border Alliance Group (CBAG) and act as conduit to obtain civilian slipport pcrsom~cl and to actluirc r~Jatcd sulkplies lln' three employees. On July 16, 1996, Council approved adding two additional ('BAG supporl p~rstmncl. This aclion provides fi~r the executive level position tied to the t~deral pay schedule to recrix'e a step increase wilhin th~ prescribed ledoral General Schedule (GS), level 14. step 6. ~>r the Deputy Director p~,sition to be ctl~clive January, ~999, a net increas~ of 3.6 percent. Per slaws recommendation, the resolution was approved 5 0. (Chi~l of Police) 4/Slh's w~lc required. 11. RESOLUTION 193118 AUTIIORIZING AN EXPENDITURE OF $400,000 FROM CAPITAL IMPROVEMENT PROJECT (CIP) STI23 FOR SETTLEMENT OF ALL CLAIMS ARISING OUT OFTHE MATTER OF GRANITE CONSTRUCTION COMPANY V. CITY OF CIIIJI.A VISTA RELATING TO THE CONTRACT FOR THE IMPROVEMENT OF OTAY VALLEY ROAD FROM 1-805 TO 1200 FEET EAST OF NIRVANA AVENUE - This action x~ill attthorizc appropl iatin~ limtling fin' the settlement of all claims related to the matter of Granite Construction Company v. City of Chu]a Vista (San Diego Superior Court Case Number 706901 ) arising out of the contract and constrttcli¢m lln' the improvement ol Assessment District Ntltllber 90 2 (Otay Valley Road) from 1-805 to 1200 t~'et East ol Nirvana Avenue. Per staff's recommendation, the res~luti~m was approvcd 5-0. (Risk Manager) Minutes December 15, 1998 Page 5 12. RESOLUTION 19309 ACCEPTING A DONATION OF EQUIPMENT AND SERVICES, IN THE AMOUNT OF $31,000, FROM IBM CORPORATION AND CHARLES SCHWAB FOUNDATION, THROUGH SENIORNET, TO IMPLEMENT A SENIORNET LEARNING CENTER AT THE NORMAN PARK SENIOR CENTER; AND ACCEPTING A DONATION OF $2,000 IN CASH FROM IBM CORPORATION AND CHARLES SCHWAB FOUNDATION, THROUGIt SENIORNET; AND AMENDING THE FISCAL YEAR 1998/99 BUDGET AND APPROPRIATING $2,000 TO THE LIBRARY AND RECREATION DEPARTMENT BUDGET FOR RELATED EXPENSES; AND APPROPRIATING $3,000 IN UNANTICIPATED REVENUE FROM CLASS FEES TO THE LIBRARY AND RECREATION DEPARTMENT BUDGET FOR RELATED EXPENSES; AND AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO SIGN TIlE MEMORANDUM OF tINDERSTANDING WITH THE SENIORNET LEARNING CENTER - The City and the Norman Park Senior Center have received a donation fi'om IBM Corporation and the Charles Schwab Foundattire through SeniorNet to set up a Learning Center at the Norman Park Senior Center. The purpose lifthis donation is hi provide tfider adults education fi}r and access to computers and the Internet to enhance their lives and enabl~ them to share their wisdom and knt>wlcdge v,,ith the world. In additi,,m to a donation of equipment. $2,000 has bccn provided Ill cover expenses. Per stat'l~s reclm~mendation. the resolution was approvcd 5-0. (Library and Recreation Dircctllr) 4/Sth's w~te required. Conncihnen~ber Salas expressed apprcciatilm ti>r the dllnatilln {}fequ~pment anti services amlmnting to $31,000 fr~>m IBM and Charles Schwab. She asked what unpact the computer classes wlmld have on existing progrants. Sonny Shy, Deputy Director iff Recreation. stated that an assessment on tile activities that might h¢ affected olineluded that the room ttl be used is currently under uldized. sit this will hc a ical win/win situation. The idea behind this progran~ is to bring s~niors into tile center ill access the net and provide an ilutr~.ach progranl to reach younger seniors. RESOLUTION 19309 OFFERED BY ('O!INCILMEMBER SALAS heuding feud. text wuived. passed and approved 5-0. 13. RESOLUTION 19310 APPROVING INDIVIDIIAL PARK MASTER PLANS AND ASSOCIATED PROPOSED NAMES FOR PARKS P-5, P-6, P-7, P-8. AND P-9 OF VILLAGE I AND 5 OF THE OTAY RANCH SPA ONE SUBMITTED BY MCMILLIN OTAY RANCII LI~C - MCMILLIN COMPANIES, LLC The McMillin Companies LLC, dcvcllq~crs of a pl~rti,n of Village I and 5 ot the Otay Ranch SPA One, propose individual Park Master Plans and associated names lilr live ncighborhood. pedestrian and town square parks to be located within b,,~th Villages. These palks arc proposed to he nanled Alcala Park (P-5), Cl~ttonwood Park (P-6), Santa Cora Park (P-7), Terra Fina Park (P-8), and greezewl~od Park {P-9). and are designed cllnsistcnt with the policies of lhc adopted General Devehlpment Plan ti>r the Otay Ranch. Per staffs rccomn~endati,.m. the resolution was approved 4-0-0-1 (Moot abstained). (Director of Planning and Buikling) 14. RESOLUTION 19311 APPROVING A FIRST AMENDMENT TO TIlE AGREEMENT WITH KIMLEY-HORN & ASSOCIATES INC., FOR PROFESSIONAL ENGINEERING SERVICES FOR A FEASIBILITY AND FINANCING STIIDY OF OLYMPIC PARKWAY AND APPROPRIATING $60.000 FROM THE UNAPPROPRIATED BALANCE OF TIlE I'RANSPORTATION DEVELOPMENT IMPACT FEE FIIND TO PROJECT STM-331 - The c{lnsultanl, Kimlcy-ltl~rn and Ass,elates. has been working on devdoping a t~asibility and financing stnd.~ to c{inslrucl Olympic Pal kway tron~ Oleander Avenue to ont: Inde cast of SR-125 and identit},'ing prl~icct c~lnstraints and opporltlnilies ill lernls of thnding, traffic needs, timing, phasing, environmental requirements and a cl~nll~rchcnsi\'c pr,~iect schcdtlle. Dt~e to a desire t{1 have the constlltallt continue work on the enviromncntal permit process beylind the {~riginal scope ol the contract and additional landscape conceptual design, it is necessary to extend Ihc clmsultant's contract. Per staffs recommendation. the rcsl~lutilm was approved 5-0. (Director iff Public Works) 4/51h's vote required. Minutes December 15, 1998 Page 6 15. RESOLUTION 19292 ACCEPTING THE GRADING AND WET UTILITY BIDS RECEIVED FOR OLYMPIC PARKWAY AND AUTHORIZING THE EASTLAKE COMPANY TO CONSTRUCT OLYMPIC PARKWAY IMPROVEMENTS BETWEEN HUNTE PARKWAY AND THE OLYMPIC TRAINING CENTER AND HUNTE PARKWAY BETWEEN OLYMPIC PARKWAY AND SOUTH GREENSVIEW DRIVE AND RECEIVE CREDIT OR REIMBURSEMENT AGAINST TRANSPORTATION DEVELOPMENT IMPACT FEES - A letter was received from the EastLake Company, dated September 28, 1998. requesting authorization to begin constn~ction of roadway hcilities identified in the City's Transportation Development hnpact Fee (TDIF) Capital Improvement Prqjects list and initiate the DIF credit process. The grading plans have been submitted and approved. Per stafl's recommendation, the resl~lution was approved 5-0. (Director of Public Works) Cnntinued from the meeting of December 8. 1998. 16. RESOLUTION 19312 ACCEI'TING BIDS AND AXVARDING CONTRACT FOR "DRAINAGE MITIGATION - RIENSTRA/LOMA VERDE PARK IN TtlE CITY (DR-121) - Bids were received tin October 21, 1998. The work consists of installing erllsitm clmtr{ll matting in and ad. iaccnt hi the natural channel located in Ricnstra Park, north of Orange Avenue. Slaff recommends al~l~rllval ot the reslllutilm awarding the contract to New Century Construction in the amounl ~,t' $21.860. Per staff's reconm~endation, the resohllion was approvcd 5-0. (Director iff Public Works) 17.A. RESOLUTION 19313 APPROVING FINAL "B" MAP FOR TRACT NUMBER 97-02, MCMILLIN OTAY RANCH SPA ONE, PtlASE I, UNIT 5, ACCEPTING ON BEIIAEF OF TIlE PUBLIC THE PUBLIC STREETS GRANTED ON SAID MAP WITItlN SAID SUBDIVISION. ACCEPTING ON BEHALF OF THE CITY THE EASEMENTS GRANTED ON SAID MAP WITIIIN SAID SUBDIVISION, ACKNOWLEDGING ON BEHALF OF TItE PUBLIC TIlE IRREVOCABLE OFFER OF DEDICATION OF FEE INTEREST OF LOTS FOR OPEN SPACE AND OTItER PUBLIC PURPOSES ON SAID MAP WITIIIN SAID SUBDIVISION AND APPROVING SUBDIVISION IMPROVEMENT AGREEMENT FOR TIlE COMPLETION OF IMPROVEMENTS REQUIRED BY SAID SUBDIVISION AND AUTIIORIZING THE MAYOR TO EXECUTE SAID AGREEMENT - Cimncil will consider the approval of Final "g" Map, Subdivisil~n hnprovement Agreement. and Stipplemental Subdivision Improvement Agreement liar Unit 5 ~ffthe McMillin Otay Ranch SPA One, Phase I (CVT 97-02). Per stalt's rcc~m~nlcndation, the resolutions ~cre al~pro~cd 4-0-0-1 (Moot abstained). (Director of Public Works) FI. RESOLUTION 19314 APPROVING SIIPPLEMENTAI, SUBDIVISION IMPROVEMENT AGREEMENT FINAL "B" MAP FOR MCMILLIN OTAY RANCH, SPA ONE. PHASE ONE, UNIT FIVE, AND AUTHORIZING THE MAYOR TO EXECUTE SAIl) AGREEMENT 18. RESOLUTION 19315 AI/TIIORIZING THE ISSUANCE OF ENCROACHMENT PERMIT NUMBER PE-441 FOR CONSTRUCTION OF T~,VO ENTRY MONUMENT SIGNS PROPOSED FOR THE OTAY RANCtt SUBDIVISION LOCATED AT TIlE INTERSECTION OF TELEGRAPH CANYON ROAD AND PASEO RANCHERO - Otay Project, LLC, owners ill' the Ota) Ranch Subdivision, are proposing to construct two entry monument signs alon~ Telegraph Canyon Road and Paselt Ranthero frontage. The frontage area is located within a City drainage easement and an assignable and irrevncable g~neral ntility easement. According to Section 12.28 iff the Municipal Code, any permanent structures built within any casement, such as permanent monnment signs, require Council approval uti li zing tile cl~croachmcnt perraft process. Per staff's reconm~endatil~n, the resolution was approved 5-0. (Director of Public Works) 19. RESOLUTION 19316 AMENDINGTIIECITY'SMASTERFEESCHEDULETOESTABLIS!tNEW GREEN FEES AT TIlE CHULA VISTA MUNICIPAL GOI.F COURSE - American Golf submitted a t~e a~iustment request on April 28~ 1998. In accordance with the lease agreement, the City has the right to review and approve Green Fee rates. Green Fee rates may bc clln~parahle to those charged by olhcr public golf conrses in San Diego County. The proposed rate l~'e increases were pnsted at Ihe Prll Shop bur weeks prior to the July 16 Parks and Recreation Commissi{m meeting. In addition. the golf course manager presented American Golf's t~e proposals to the Mun's and Won~en's Goll Clubs at th~dr general mcmberstfil~ meetings. Both clubs had no {,hjections or concerns since the increases are ruaslmablc. Per stalTs rcclnnmcndati{n~. the icsldutilm was approvcd 5-0. {Director of Public Works) Minutes December 15, 1998 Page 7 20. RESOLUTION 19296 APPROVING AN AGREEhlENT WITtl LAW CRANDALL, A DIVISION OF LAW ENGINEERING AND ENVIRONMENTAL SERVICES. INC., FOR MATERIALS TESTING AND GEOTECHNICAL CONSULTING SERVICES AND AUTHORIZING THE MAYOR TO EXECUTE SA1D AGREEMENT ON BEtlALF OF TIlE CITY - To assure that the City continu~ to obtain quality improvements, the City needs to obtain materials testing and geotechnical engineering services lbr prqiects built with both public and private funds. These services will assure that the materials supplied to construct the City's infrastructure meeting the prQiect's specifications. Staff has completed the Request file Proposal and consultant selection process and has negotiated the proposed contract with Law Crandall Ill provide material testing services from January 1, 1999 t0 December 31,2000, with an option to extend the agreement lbr an additional year. Per stafl's recommendation, the resolution was approved 5-0. (Director iff Public Works) Cuntinued from the meetinC. of December 8, 1998. 21. RESOLUTION 19317 AUTHORIZING THE ISSUANCE OF ENCROACHMENT PERMIT NUMBER PE-445 FOR CONSTRUCTION OF A POTABLE WATER LINE WITHIN A CITY DRAINAGE AND SEWER EASEMENT FOR MCMILLIN OTAY RANCll, SPA ONE, PIIASE ONE, UNIT 5 BY OTAY WATER DISTRICT - Otay Water District is prl~posmg hi install a water line on a Cily sewer and drainage easement to bc granted on the McMillin Otay Ranch, SPA I, Phase I. Unite 5 tinal map. The final map will be presented to Council tbr approval at the Decemher ] 5. I qq8 Council meeting. The i~r{;pcrly is located north of East Palomar Street between La Media Road and Santa Cora A~cnuc. In ardor to provide a water loop liar Ihc proposed development, Otay Water District has reqnested the City to ~rant an encroachment permit to all.w a water line to be installed within said suwerand drainage eascmcnt. Pcrstall's rccommcmlafion, Ihc rcs~fiutinn wasappn~ved5-0. (Directorof Public Works) ORAL COMMIINICATIONS None. PUBLIC !tEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 22 PUBLIC HEARING ACCEPTANCE AND APPROPRIATION OF LOCAL LAW ENFORCEMENT BLOCK GRANT FUNDS - The Police [),'parm~ent has recently received n,~tke of a 1998 Local Law Enfi~rcement Bl,,~ck Grant Award in the amount of $269,739 fnm~ the Bureau of Justice Assistance. These fiznds were allocated to the Police Department based on a three-year average Part I Violent Crimes. Part I Violent Crimes arc nlnrdcr and non-negligent manslanght~rs, ~rcible rape, robhcry, aml aggravated assault as reported by the FBI. Acceptance and appropriation of these timds requires a public h~aring per stipnlations ol the l,ocal Law Enli~rcement Block Grant. Per stafl's recollllllenda/ion, the resolutions wcrc approvcd 5-0. (Chiclot P~>lice) A. RESOLUTION 19318 ACCEPTING $269,739 FROM TIlE 1998 LOCAL LAW ENFORCEMENT BLOCK GRANT AND APPROPRIATING SAIl) FUNDS FOR TIlE FOLLOWING PURPOSES: HIRING, $10,000 DRUG COURT. $20,000 IN OVERTIME, AND $209,739 FOR EQUIPMENT PROCUREMENT - 4/51h',; vole required. B. RESOLUTION 19319 AUTHORIZING ]'lIE CHIEF OF POLICE TO UTILIZE (REPROGRAM) SAVINGS RESULTING FROM THE COMPETITIVE PROCUREMENT PROCESS FOR ADDITIONAL UNSPECIFIED OFFICER SAFETY EQUIPMENT AND SUI'PLIES This being the time and place as advertised. the public hearing was declared open. There being no one indicating a deslet- to address tile Connell. the public hearing was chased. Minutes December 15, 1998 Page 8 Councilmember Davis asked if the Drug C~mrt was new or the one run by Susan Finley. Chief Emerson responded that this was the South Bay Drug Court, and Susan Finley is the coordinator. RESOLUTIONS 19318 AND 19319 OFFERED BY MAYOR HORTON. headings read. texls waived. passed and appr0ved 5-0. 23. PUBLIC HEARING USE OF FISCAL YEAR 1998/99 COPS FUNDING PER CITIZENS OPTION FOR PUBLIC SAFETY FOR LOCAL LAW ENFORCEMENT SERVICES - The fiscal year 1998/99 State Budget was adopted appropriating $365,388.30 to the City's Police Department as a resttit of Assembly Bill 3229, Brulte. This Bill allocates State money hi p{llice dcpaltmcnls tilr pttrpl~ses ~,til~ulated by the Citizens Option for Public Safety (COPS) Program. Per staff's icconlmcndatilm. the res, lutil~ns were apprl,ved 5-0. (Chief of Policel A. RESOLUTION 19320 ACCEPTING $365,388.30 FOR LOCAL LAW ENFORCEMENT FROM THE STATE BUDGET TO PAY FOR POLICE PERSONNEL ($191,417} AND RELATED EQUIPMENT ($174,971.30) B. RESOLUTION 19321 AUTHORIZING TIlE CHIEF OF POLICE TO UTILIZE (REPROGRAM) SAVINGS RESULTING FROM TIlE COMPETITIVE PROCIIREMENT PROCESS FOR ADDITIONAL UNSPECIFIED SAFETY EQUIPMENT AND SUPPLIES This being the tinge and place as advertised. tile public hearing was declared ,pen. There being no one indicating a ticsire to address the Cimncil. tile public healing was closed. Councihnember Padillia conlnlendcd tile effl Itls of police clepartnlent staff and Chief Emerson in obtaining nlore than $1.3 n~illion in grant funding to suppllrt lax, v entl,cemcnt services in ('hula Vista. Chief Emerson replied that staff had ,.wlrked hard Ill come up with the grants. Councihnen~bcr Salas conuncnted thai the acccl3lancc of fiends and suhsequ~nt purchase ill equipment and upgrading of fi~cilities emphasized the need fi~r a new pldice ti~cility. Officers and supplier staff are working in very confined quarters. Chief Emerson stated that he agreed. and thanked the C{mncil. RESOLUTIONS 19320 AND 19321 OFFEREl) BY MAYOR HORTON, heading, s read, texts waived, passed and approved 5-0. 24 PUBLIC HEARING OTAY VALLEY ROAD NAME CDANGE - On March 26. 1996, the Redevelopm~nt Agency requested that stall investigate a prlll~osal subnlillcd by the Anlo Park dealers to change th~ name of Otay Valley Rt~ad to Auto Park Drive (or slmlcthing similal) born [-805 cast. Staff studied a nnmher of issues associated with Illis request and dex elllped several alternative stlluti{uls. Slalf rec{lllllllends an incremental solution renaming only a segment of Otay Valley Road east tit 1-805 Ill Brandywine Avenue until fitether development occurs to the east of this area. The Planning Clulullissit}n recomnlcnded a nitleg fin' reaching sohttion. Per staff's recomnltmdatilm, the resolulion was al~prll~cd :~t}. (Direell,' tit ('onlnnulity Deve[tlpnlent and Director of Planning and Building) Cnntinued from Ihe nleelinl~ of November 24, 1998. RESOLUTION 19268 CItANGING TIlE NAME OF TIlE SEGMENT OF OTAY VALLEY ROAD FROM 1-805 TO BRANDYWINE AVENUE TO OTAY VALLEY ROAD-AUTO PARK DRIVE Minutes December 15, 1998 Page 9 Chris Salomone, Director iif Comnmnity Development. the original ol2Wctive of this Council referral was to answer a request by the auto dealers to create an even playing field l~r them with other auto parks in the region. That was to get signage 1-805 to acknowledge that an auto park exists on Otay Valley Road. Other issues, more complex, arose in this ret~rral dealing with confi, lsion over several different street names and some conflicting issues both on the western side of b805 and the n~:wth/slmth transverse area of Paseo Ranthero which is also called Otay Valley Road. This went through public hearing, public meetings and ~rums in the community input was sought from the people who live in the area and ulfimately it was recommended to the Planning Commission. The Planning Commission had a recommendation that was different than sta~'s. Stal't's recommendatilln is a pragmatic solution that creates the name Auto Park Drive or Auto Park Way for that first sectfire to the east ol 1-805 to Brandywine. Staff is recommending that the name change come back to you in the Spring or as sl~lm as the fiscal impact can he resolved. Once the policy decision is made and Staff meets with Caltrans, the fiscal impact could range anywhere fi'om a minimal amount to $25,000 or much higher if new signage has to be created. This being the time and place as advcrlis._~d, Ihc pnhlic hearm,~ was dcclar~'d ,pen. Addressing Council were: · Rod Davis, 233 Fourlh A',ennc, Chula Vista, rel~re~,entmg Ihc Chamber ill Cinnnlcrcc, stated that there are two issues in front of yon tonight, one is the name chan~c of the whol~ sireel. and the second is approval of Auto Park Way. which seems to be th~ prel~rred name. IJndastanding that it xvill probably be April or May beti~re we get an answer from CalTrans, at least we can give file anto &.alc~s, lhc Chamber. aml Ihc City a t~ol with which to market to other dealers. There being no one else indicating a desire hi address the Council, the public hearing ,,vas chased. Mayor Horton asked about the Planning Commission's reclmunendalion li>r Main Street, and suggested it might be confissing during a regional crisis ,,vilh all ill the other Main Strt. els in the Cimnty. Councilmember Davis stated that she was clmccrned that it tl}ok three years t,l bring this back to Council, and she conm~ended the Planning Commissions fin' their hard work. CotlnciJlnenlber Moot slalcd that the City needs Itl support the btlsinesscs in our connnnnlty. since they contribute to the tax base to provide police. fire and park', services. Its a real ilppllrtnnity tl~ create a great place in the City to provide an economic base. and when it comes back Ill Clmncil in the spring a dccisilm must be made. In the long run its going to help us tremendlmsly hy suppoltmg these businesses and providing them an ability to market their businesses county wide. C,,>uncilmember Padilia clmm~ented that he remembered all too well the wllrkshops this year and the ffnstration that businesses and landowners expressed at that tithe. The' C~}tmcil also expressed stron~ conviction at that time, and a decision tonight would give stall' the opportunity to make every rcas~mabl~ efti~rt to resolve any related issues. He agreed that the Council would have to fimdly resolve tile issue in three or hmr months. Councilmember Salas asked how Iim.~ a name change wl>uld take. Dave Rowlands, City Manager, replied that it v~oukl take at least llmt months ~lr CalTrans to restall new signage. Councilmen~her Moot asked if CalTrans wt)tlld take aclilln as solon as a decision were made to chang~ the nalne to Auto Park Way? Chris Salomone replied that their intent is Ill gll to CalTrans and get it in~plementcd by them as soon as we understand the fiscal. Implementalilm of this actilm will bc reserved until the fiscal imf~act is known. Councihnemher Moot stated that the Waterpark needs sulticienl lead time m ilrdcr to include any name change on their br{~chures. RESOLUTION 19268. AS AMENDEl) I'O READ AUTO PARK WAY, OFFERED BY COUNCILMEMBER MOOT. heading read. lext waived, passed and appro~ed 5-0. Minntcs December 15, 1998 Page I0 25. PUBLIC HEARING ADOPTION OF THE OTAY RANCH VILLAGE I AND 5 PEDESTRIAN BRIDGE REPORT AND ESTABLISHMENT OF THE OTAY RANCH VILLAGE I AND 5 PEDESTRIAN BRIDGE DEVELOPMENT IMPACT FEE - The developers of Otay Ranch SPA One are required to filnd the thir share of constructing three pedestrian bridges within Villages I and 5. On May 14. 1998, both the McMillin Company and the Otay Ranch Company requested that a Development Impact Fee he created to spread th~ cost of these thcilities over those areas benefitring fi'om the proposed bridges. P~r stafCs recommendation the ordinance was placed on first reading and the resolution was approved 4-0-0-1 (Moot abstained). (Director of Public Works) Continued frnm the meetinll of December 8. 1998. A. ORDINANCE 2767 ESTABL1SIIING THE OTAY RANCH VILLAGE I AND 5 PEDESTRIAN BRIDGE DEVELOPMENT IMPACT FEE TO PAV FOR PEDESTRIAN BRIDGE IMPROVEMENTS AS A CONDITION OF ISSUANCE OF BIIILDING PERMITS (first readinlD B. RESOLUTION 19293 ADOPT'ING THE CITY'S PEDESTRIAN BRIDGE DEVELOPMENT IMPACT FEE REPORT This being the tinle and place as advertised, the public hearing was dcchncd tlpen. There being no one indicating a desire tn address the C,luncil, the puhlic hearing was clnsed. COUNCILMEMBER PADILLA OFFERED RESOLIJTION 19293 AND PLACED ORDINANCE 2767 ON FIRST READING, headings read, texts waived, passed and approved 4-0-0-1 (Moot abstained). BOARD AND COMMISSION RECOMMENDATIONS None submitted. ACTION ITEMS 26.A. RESOLUTION 19300 AMENI)ING TIlE ('ITY'S STATEMENT OF GOALS AND POLICIES REGARDING THE ESTABLIStlMENT OF COMMUNITV FACILITIES DISTRICTS - On November 24, 1998, Council held the public hearing tl;r the liarmarion ot'Cinmmmity Facililics District Number 97-3. The district will fired the construction of backbone infrastructure wilhin the McMillin Otay Ranch SPA I pr~ject. Council action will ccrtity the results of a special declion where the qualified eleclors ol the District were asked whether the levy of this special tax should be authorized. In addilion, Council will be c~nsitlcring an amendment to the current Community Facilities District Policy which requires that a pr{~lcct bc fifily cornpitied and accepted by the City prior to acquisition. Theam~ndedpo~icywi~a~nw~rth~acquisiti~no~c~m~p~ctediscretec~mp~nen~s~fa~r<~iect. Said amended policy is incorporated in the proposed amendment t~ the Acquisition/Financing Agreement which establishes the procedure fi>r acquiring the in~provcmcnls t'rcm~ the dcvdoper. Pcz staff~s reconm~endation, the ordinance was placed on first reading and the resolutions were apprnv~d 4-t)-0-I (Mn.t abstaint. d). (Director of Public Works) Confinued t?om the meefine of December 8, 1998. B. RESOLUTION 19301 APPROVING TIlE FORM OF AN ACQIIISITION/FINANCING AGREEMENT PERTAINING TO COMMUNITV FACILITIES DISTRICT NIIMBER 97-3 (MCMILLIN OTAY RANCH SPA ONE) C. RESOLUTION 19302 ACTING IN ITS CAPACITY AS TIlE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NUMBER 97-3 (MCMILLIN OTAY RANCH SPA ONE) DECLARING Tt!E RESULTS OF A SPE('IAL ELECTION IN SI/CII COMMUNITY FACILITIES DISTRICT Minutes December 15, 1998 Page I I D. ORDINANCE 2768 ACTINGINITSCAPACITYASTHELEGISLATIVEBODYOFCOMMUNITY FACILITIES DISTRICT NUMBER 97-3 (MCMILLIN OTAY RANCH SPA ONE) AUTHORIZING THE LEVY OF A SPECIAL TAX IN SUCH COMMUNITY FACILITIES DISTRICT (first re~tdinl~) Councilmember Salas asked filr clarificatilm of the term" stand ahlnc" and about the mechanism to instire that the whole prQiect will ultimatuly be completed. Cliff Swanson, Deputy Director of Public Works/City Engineer. replied that althlmgh pr<~iects have discrete compclnents, bonding is obtained tier an entire prQiect to ensure the construction of all the improvements. The City can purchase each component upon its completion, however the remaining money and bonds will assure completion of the rest of the pr~ject. Councihnember Salas asked il' the pnrpose of this p,~licy chan~e ~s to insure Ihal the developer does not exceed the lien to ratio policies lhal have been established. Mr. Swanson replied lhat il works with Ihc developer so that they dolfl have as a large a cash-carry during the entire prQicct, they can get the capital hack and i~ut it back intt~ {~Ih¢r pr{~iccts Ihal Ihcy are th~ing with tiN. Councihnember Salas replied that in olher w{~rds they don't have it} sink as much initial invcshncnl Io keep the prQject going, but lhe bonding is still there to instire that the pr~lect ~s compl~qcd. Mayor Horton asked fi~r clarification regarding the variety ~1 dwellings and the rate of special tax ~r difibrent types of units. MAYOR HORTON OFFERED RESOLUI'IONS 19301 19301, 19302, AND PLACED ORDINANCE 2768 ON FIRST READING, headings read, texts ',~aived, passed and approved 4-0-0-1 (D, Iool abstained). 27. REPORT CONSIDERATION TO AMENI) TItE MUNICIPAL CODE TO CREATE A KIOSK SIGN PROGRAM - The Plannin~ and Building Department is in the princess {it drafting an ordinance fi~r Council review which would amend the Municipal Code ttl alhtw the establishment of an off site real estate directtonal Kiosk Sign Program to provide directi~ms to master planned communities on the cast side of Interstate 805. The proposed program will allow the City to enter into an a~ccmcnt fi~r the installation, mainlcnancc, and cn~rcement of otissite real estate directtonal signs h~cated within the public right otway in the eastern area of the City. Staff recommends Council: ( I ) Direct staffh~ prepare an t~fdinancc establishin~ a Kiosk Sign Program fi~r consideralton by the Planning Commission and Council: (2) Direct staff to process a Request liar Propt~sals and select an administrator ~r the Kiosk Sign Program; and (3) Approve in concept the &all Kiosk Sign Plan with the understanding that it will he line tnncd hy the Director of Planning and Buildm~ m final negotiations with the priq~oscd adlllinislralor. (Director of Planning and Building) Continued from Ihe meefina of December S, 1998. Bob Letter, Director of Planning. updated the Council im the prtlgranl betfig planned Ill provide a series ofdirectional signs throughout eastern Chula Visla lo dirccl potential home buyers Io maslcr planned c{mmmnitics. The intent is to replace the existing, mostly illegal. {~fi~itc signs currently h~calcd ahmg some m~l{n roadways. Staff worked with a coalition of builders represented hy Bill Ostcrman of Eastl.akc C,,n~pany: and, with Council's direction, staff will draft a final ordinance anlcndnlcnt and issue a Rctlticsl l~l lhop~sals to s~gn colllpanics to administer this progranl under the direction of the City's Building Division and Code Enforcementt Manager. Cl>uncihnember Salas asked ',~,hat kind i>t ct,nsiderati,m wiltlid he given t<, small hulldots . Minutes December 15, 1998 Page 12 Mr. Leiter replied that smaller builders could request a sign or a panel ander the program. Councilmember Salas commented that no mention was made either of the t~w ar~as where a t~w lots remain hut ar~ isolated from any new development; or whether or not the persons cotdd continu~ to stand on street corners and waive dir~tional signs. Mr. Leiter r~pli~d that this code an~cndmcnt does m~t specihcall~ address th~ issuus hut that he would clarit~ thu matter when the ordinancu is prusentcd fbr final reading. Mayor Horton commendud staff ~r bringing the kiosk sign t~ard to hruak up the clutter of signs and hdp heautif~ the city. as well as help buyers locate the dcvdopm~nts. MSUC (Horton/Davis) I) Tn dir~t Maff to prepare an ordinance e~tahli~hin~ a Kiosk Sign Prn~ram ~r cnnsideratinn by the Plannin~ Commission and the CiD Cnnncil; 2) To direct slaff to prnc~s a Requ~t for Proposal to select an administrator ~r the Kiosk Sign Prngram; 3) To approve in concept the draft Kinsk Sign Plan with the understanding thai il will be fine tnned hy the Dirt~'lor of Planning and Building in final n~ntiations with the proposed adnlinislralor: and 4) To alh~w small builders Io parlicipnte. ITEMS PULi~ED FROM TtlE CONSENT CALENDAR Items 6 and 12 were philed by Counciln~n~b~r Salas; however. the' mint~tcs will r~ll~ct the printed agenda order. OTIIER BUSINESS 28. CITY MANAGER'S REPORT(S) - None. 29. MAYOR'S REPORT(S) A. City Council Colnnlittcc app, mtmcnts. attached. B. Wished the residents of the City ot ('hnla Vista avcty Merry Christmas and a lot ~d'.ioy and good health in the apcoming year 30. COUNCIL COMMENTS A. Cotmcihnembcr Moot stated that his first priority t~t the new year would be a meeting of the Intergovernmental Agency Task Force between the Sweetwater Union High School District, the Chula Vista Elementary School District, and the Chula Vista City Cormoil. Hopchdly on our agcnda will be traffic issues in the eastern territories and possihl~ consideration fi,'.iomt use ot hall t'idds, s,cccr t'idds. with joint maintenance and liability. B. Councilmember Padilia wished stall' and the community at h,r~¢ a Merry Christmas. Happy Hanukkah, and a prosperous New Year. AD.IOURNMENT The meeting aqioarned at 8:31 p.m. Rcsp¢cttttlly submitted.