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HomeMy WebLinkAboutcc min 1998/12/08MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA Tuesday, December 8, 1998 6:07 p.m. CALL TO ORDER Council Chambers Public Services Building ROLL CALL: PRESENT:Padilla, Rindone, Salas, and Mayor Morton ABSENT:Moot (Arrived at 6:50 p.m.) ALSO PRESENT: City Manager, David D. Rowlands; City Attorney, John M. Kaheny; City Clerk Beverly A. Authelet; and Deputy City Clerk, Charline Long. 2. PLEDGE OF ALLEGI~J~CE TO THE FLAG, MOMENT OF SILENCE 3. APPROVAL OF MINUTES: November 17, 1998. MSC (Rindone/Padilla) to approve the minutes of November 17, carried 3-0-1-1 (Moot absent and Salas abstained). 1998. Motion 4. SPECI~L ORDERS OF THE DAY: A. Councilmember Jerry Rindone gave a heartfelt-farewell message relating to his eight years of community service as a Councilmember. He sited his and the City's many accomplishments that included: Annexation of the western one-third Otay Ranch Project, approximately 9,000 acres; development of a city wide ethics program; recreational staffing of a playground leader and aid at all twenty-eight playgrounds; increased police and fire personnel; reduced consultant hiring; limited the unlimited use of city vehicles; effective curfew law for all minors; decreased trash fees; defibrilators as a part of the fire fighter's arsenal; no increase in business license tax fees; no increase in sewer fees; elimination of cable TV, sewer, and trash franchise fees; comprehensive land use designation of the entire 23,000 acres of the Otay Ranch project, sixty-eight percent will forever be open space; development of a general fund reserve policy; labor peace with all of the collective bargaining units; city wide records management program; city wide air quality and improvement program; expanded economic base as an entertainment and recreation center for families; major tourist attractions such as, the Nature Interpretive Center, White Water Canyon, and Coors Amphitheater; and Chula Vista's population has increased from 135,00 to 165,000. He then pointed out the unfinished business that the new council would address, including: the new mid-bayfront plan; bringing a quality hotel to the area; promoting the redevelopment of the waterfront south of H Street; traffic management in the Otay Ranch projects; revitalizing the Broadway Business District; and a plan for geographically specific Council districts. He also reminded staff of his last referral to present a white paper to Council in the next six months on how to insure the City of Chula Vista remains one City. He also issued a challenge to the new Council and the City to use due diligence in the following matters: using public bid for issuing bonds for City projects or any of the five redevelopment projects; monitoring the Growth Management Minutes December 8, 1998 Page 2 Oversight Coemmission process; securing available industrial land use; increasing public transportation; fiscal solvency of the City; and to keep the City free of gambling establishments. He concluded by thanking the voters; his mentors in public service, Greg Cox, Lynn Moore, and Will Hyde; employees Of the City; Dave Rowlands, City Manager, and his highly competent staff; the quality developers; his family; Donna Vignapiano, his council aid and friend; and Susan Herning, his public relations consultant. He then passed the baton to Patty Davis and wished Patty and the Council the best for the next four years. B. RESOLUTION 19284 RECITING THE FACT OF THE SPECIAL RUNOFF ELECTION HELD ON NOVEMBER 3, 1998, DECLARING THE RESIrLT, AND SUCH OTHER MATTERS AS PROVIDED BY LAW - At the June 2, 1998 General Municipal Election, Mayor Horton won by 71.82 percent over the other candidates; and Steve Padilla, candidate for Seat 2, won over the other candidate by 60.30 percent. According to the Charter, a Runoff Election was not required for these two positions. However, all candidates for Seat 1 received less than 50 percent of the votes cast. Therefore, a Runoff Election for Seat 1 was required and held on November 3, 1998. Patty Davis won by 56.24 percent over the other candidate for Seat 1. Per staff's recommendation, the resolution was approved 3-0-2 (Moot and Rindone absent). (city Clerk) RESOLUTION 19284 OFFERED BY COUNCILMEMBER PADILLA, headings waived, texts waived, passed and approved 3-0-2 (Moot and Rindone absent). C. Oath of Office: The Oath of Office will be administered by the Honorable William Cannon. · Mayor: Shirley Horton. · City Councilmembers: Patty Davis and Steve Padilla. The Honorable William Cannon administered oaths of Office to Mayor Shirley Horton, Councilmember Steve Padilla, and Councilmember Patty Davis. D. Newly elected officials took their place at the dais. E. Comments by newly elected Mayor and City Councilmembers. Mayor Horton commented that this was a very happy time and a sad time. Councilmember Rindone has been very dedicated and has worked very hard at serving the citizens of Chula Vista, and this Council will miss him. She thanked her husband who has been her biggest supporter; her family and friends for their support, for adding so much substance to her life; and the citizens of Chula Vista for their overwhelming support. She added that it has been an honor and privilege serving the community for the past eight years. She will continue to give one-hundred percent to insure the future of the City is secure. As we move toward the new era, we need to focus on the renewing of our City's foundation. In the next four years we will be in a state of renewal as a City and as an organization, my message to the citizens is, please be patient through this rehabilitation process. Chula Vista as a community is a microcosm of what America is becoming today, with many faiths and cultures, where families can flourish. Working with four intelligent, bright individuals known as the City Council she is confident that they will accomplish these goals. In closing she thanked the employees and management staff for working so closely with this Council in making Chula Vista the very best that it can be. Every day she counts her blessings knowing that she works with some of the most talented and Minutes December 8, 1998 Page 3 dedicated individuals in local government. Together as an organization we can create a community by which our citizens can say Chula Vista is the place they want to call home, raise their families, and build a future. Steve Padilla, thanked God for his guidance; his family, with whom he would not have weathered some challenges he has faced, both in office and his personal life; members of his campaign; the Council; and Councilmember Rindone, who he will truly miss. He also acknowledged and thanked the diverse support groups he worked with, including the Chamber of Commerce, the San Diego Imperial County Labor Council, the Chula Vista Employees Association, the Chula Vista Mid- managers Association, Environmental Health Coalition, the Building Industry Association, and Congressman Bob Filner and his wife. Most of all he wanted to thank the citizens of Chula Vista who has rewarded me with their trust and the honor of serving the City for another four years. He acknowledged the four distinguished colleagues, whom he truly respects, and welcomed Councilmember Patty Davis into the fold. Patty Davis thanked the voters of Chula Vista, the citizens who placed their trust in her, stating that the public trust is very sacred and important to her and she would not let them down. She thanked her sons' Eric and Roddy, the committee members, the precinct walkers, and the people who stood at the intersections and waved signs, the telephoners, and the people who placed signs in yards and spread the word to vote for Patty Davis. She personally thanked Assemblywoman Denise Ducheny and her husband, Senator Steve Peace, fellow Councilmember John Moot, the Mexican/American Business Association, the Mexican/American Political Association, the National Latino Peace Officer's Association, and the Chula Vista Fire Department. Recess was called for a reception, in conference rooms 2 and 3, at 7:00 p.m. and reconvened at 7:40 p.m. 5. ROLL CALL: PRESENT: Davis, Moot, Padilla, Salas, and Mayor Horton ABSENT: None ALSO PRESENT: City Manager, David D. Rowlands; City Attorney, John M. Kaheny; City Clerk Beverly A. Authelet; and Deputy City Clerk, Charline Long. MSUC (SALAS/DAVIS) to continue items 15, 16, 20, 23.A.B.C., and 26 to December 15, 1998; and item 22.A.B.C. to January 5, 1998. CONSENT CALENDAR (Items pulled: None) MAYOR HORTON OFFERED THE BALANCE OF THE CONSENT CALENDAR, read the headings, waive the texts, approved 5-0. Minutes December 8, 1998 Page 4 WRITTEN COMMUNICATIONS: A. Letter from the City Attorney stating that to be best of his knowledge from observance of actions taken in Closed Session on November 24, 1998, that there were no actions taken which are required under the Brown Act to be reported. The letter was received and filed. B. Letter of resignation from the Planning Commission - Patty Davis. It is recommended that the resignation be accepted with regret and the City Clerk be directed to post immediately according to the Maddy Act in the Clerk's Office and the Public Library. 7. ORDINANCE 2765 AMENDMENTS TO THE EASTLAKE II (EASTLAKE I EXPANSION) PLANNED COMMUNITY DISTRICT REGULATIONS (second reading and adoption) The applicant, The EastLake Company, has submitted applications to amend the City's General Plan, EastLake II General Development Plan (GDP), EastLake Greens Sectional Planning Area (SPA) Plan and associated regulatory documents in order to annex 133.5 acres that the EastLake Company obtained as a result of a land exchange with the Baldwin Company in 1992. The applicant also submitted applications to modify and redistribute GDP land uses and adopt a new EastLake Trails SPA for 322.2 acres which are located east of Hunte Parkway between Otay Lakes Road and Olympic Parkway. Per staff's recommendation, the Council placed the ordinance on second reading and adopted it 5-0. (Director of Planning and Building) 8. ORDINANCE 2766 AMENDING CHAPTER 2.56 OF TEE MUNICIPAL CODE TO UPDATE THE CITY PURCHASING SYSTEM (second reading and adoption) - The City's Purchasing Agent has analyzed buying activity and trends over the past two years and is recommending an increase in the buying limits delegated to staff. Further changes proposed include streamlining the consultant selection process, simplifying surplus property disposal procedures, and updating the language to make it gender-neutral. The proposed ordinance includes amendments proposed by Council at the first reading and minor corrections. Per staff's recommendation, the Council placed the ordinance on second reading and adopted it 5-0. (Director of Finance) 9.A. RESOLUTION 19285 AMENDING THE FISCAL YEAR 1998/99 BUDGETAND APPROPRIATING UNANTICIPATED REVENUES IN THE AMOUNT OF $186,123 TO ESTABLISH A SERIOUS TRAFFIC OFFENDERS' PROGRAM- Through a highly competitive process, the Office of Traffic Safety (OTS) has approved funding of a Serious Traffic Offenders' Program (STOP) in the City. OTS will fund the City a total of $342,133 over a two-year period for establishment of a Serious Traffic Offenders' Program which is designed to become self-supporting through cost recovery fees from violators. Per staff's recommendation, the resolutions were approved 5-0. (Chief of Police) 4/5th's vote required. B. RESOLUTION 19286 AMENDING THE MASTER FEE SCHEDULE TO INCREASE NEGLIGENT IMPOUND FEE FROM $55 TO $125 TO SUPPORT THE SERIOUS TRAFFIC OFFENDERS' PROGRAM 10. RESOLUTION 19287 APPROVING LEASE AGREEMENT WITH THE SENATE RULES COMMITTEE OF THE STATE OF CALIFORNIA FOR THE LEASING OF LEGISLATIVE OFFICE SPACE (SUITE E) TO SENATOR STEVE PEACE - On January 15, 1995, the City entered into a lease agreement with the Senate Rules Committee for a satellite district office for Senator Peace. The term of this lease agreement for Suite E in the City's Minutes December 8, 1998 Page 5 legislative Office building was through November 30, 1998. Senator Peace has requested the lease be renewed through November 30, 2002, the duration of his term. Per staff's recommendation, the resolution was approved 5-0. (Director of Finance) 11. RESOLUTION 19288 ADOPTING AN AMENDED AND RESTATED DEFERRED COMPENSATION PLAN- The City has offered a Deferred Compensation Plan to employees since 1975. Since the Plan was adopted, it has been modified several times in order to conform to changing Internal Revenue Service regulations. An amended and completely restated Plan is being submitted for approval in order to not only maintain conformance with Federal Government requirements, but to facilitate future changes. Per staff's recommendation, the resolution was approved 5-0. (Director of Finance) 12. RESOLUTION 19289 APPROVING THE APPLICATION FOR RE-DESIGNATION OF THE SOUTH SAN DIEGO RECYCLING MARKET DEVELOPMENT ZONE TO INCLUDE THE CITY M ADOPTING A NEGATIVE DECLARATION (IS-99-11) AS REQUIRED BY THE CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD FOR THE RMDZ APPLICATION Council and the Resource Conservation Commission approved the City's participation in a regional Recycling Market Development Zone (RMDZ) as part of the City's Source Reduction and Recycling Element in 1990. On August 12, 1997, Council approved a Memorandum of Understanding with the City of San Diego authorizing the Mayor to execute re- designation of the South san Diego RMDZ to include Chula Vista. Council also directed staff to prepare the application to the state and appropriated funds for a consultant to complete the application. Per staff's recommendation, the resolution was approved 5-0. (Conservation Coordinator and Director of Community Development) 13. RESOLUTION 19290 APPROVING THE DESIGNATION OF THE DEPUTY PUBLIC WORKS DIRECTOR/CITY ENGINEER AS THE POSITION AUTHORIZED TO EXECUTE FOR AND IN BEHALF OF THE CITY ALL "PROGRAM SUPPLEMENT" AGREEMENTS AND RELATED DOCUMENTS, APPLICATIONS AND REQUESTS FOR REIMBURSEMENT FOR THE PURPOSE OF OBTAINING CERTAIN FEDERAL FINANCIAL ASSISTANCE IN ACCORDANCE WITH THE ADMINISTERING AGENCY - STATE MASTER AGREEMENT FOR FEDERAL AID PROJECTS NUMBER 11-5203 - On June 17, 1997, Council approved the Administering Agency-State Master Agreements for Federal Aid Projects Number 11-5203. The Master Agreement provides the basis for all the transactions required through the State before Federal Aid funds can be released to the City. Per staff's recommendation, the resolution was approved 5-0. (Director of Public Works) 14. RESOLUTION 19291 REJECTING NON-RESPONSIVE BID AND ACCEPTING BID AND AWARDING CONTRACT TO CALIFORNIA TURF FOR THE PURCHASE OF TWO 84 INCH RIDING MOWERS - On September 26, 1998, an advertisement was placed in The Star News soliciting bids for the proposed City purchase Of two riding mowers. In addition, six prospective bidders from the Purchasing Agent's bid list, including one local vendor, were contacted directly. On October 14, 1998, the bids for the purchase of the two mowers were opened. Two bidders responded. Neither of these were local vendors. The lowest acceptable responsible bidder was California Turf with a net total price of $57,471.70. Per staff's recommendation, the resolution was approved 5-0. (Director of Public Works) 15. RESOLUTION 19292 ACCEPTING THE GRADING AND WET UTILITY BIDS RECEIVED FOR OLYMPIC PARKWAYAND AUTHORIZING THE EASTLAKE COMPANY TO CONSTRUCT OLYMPIC PARKWAY IMPROVEMENTS BETWEEN HUNTE PARKWAY AND THE OLYMPIC TRAINING CENTER A~q3 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 construction of roadway facilities identified in the City's Transportation Development Impact Fee (TDIF) Capital Improvement Projects list and initiate the DIF credit process. The grading plans have been submitted Minutes December 8, 1998 Page 6 and approved. Staff recommends approval of the resolution. Works) Continued to December 15, 1998. (Director of Public * * * END OF CONSENT CALENDAR * * * ORAL COMMUNICATIONS None. PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 16. PUBLIC HEARING ADOPTION OF THE OTAY Pj%NCH VILLAGE 1 AND 5 PEDESTRIAN BRIDGE REPORT AND ESTABLISHMENT OF THE OTAY RANCH VILLAGE 1 AND 5 PEDESTRIAN BRIDGE DEVELOPMENT IMPACT FEE - The developers of Otay Ranch SPA One are required to fund the fair share of constructing three pedestrian bridges within Villages 1 and 5. On May 14, 1998, both the McMillin Company and the Otay Ranch Company requested that a Development Impact Fee be created to spread the cost of these facilities over those areas benefitting from the proposed bridges. Staff recommends that Council place the ordinance on first reading and approve the resolution. (Director of Public Works) Continued from the meetinq of November 24, 1998. A. ORDINANCE 2767 ESTABLISHING THE OTAY RANCH VILLAGE 1 AND 5 PEDESTRIAN BRIDGE DEVELOPMENT IMPACT FEE TO PAY FOR PEDESTRIAN BRIDGE IMPROVEMENTS AS A CONDITION OF ISSUANCE OF BUILDING PERMITS (first readinq) B. RESOLUTION 19293 IMPACT FEE REPORT ADOPTING THE CITY'S PEDESTRIAN BRIDGE DEVELOPMENT MSUC (Morton/Davis) to continue the public hearing to December 15, 1998. 17. PUBLIC HEARING CONSIDERING ABATING THE CALENDAR YEAR 1999, 2000, and 2001 BUSINESS LICENSE TAX RATES TO RETAIN THEM AT THE CURRENT CALENDAR YEAR 1998 LEVELS - The Business License Tax Ordinance (effective January 1, 1991) is structured so that the business license tax rates increase annually unless Council takes action to abate them each year. In an effort to assist local businesses through the lengthy recession of the mid-1990's, Council has approved annual abatements of the scheduled rate increases since 1991. As an indication of the City's desire to present the clear and accurate perception that the City is "business friendly," staff is recommending that the Business License Tax rates for calendar years 1999, 2000, and 2001 be retained at the current calendar year 1998 levels. Per staff's recommendation, the resolution was approved 5-0. (Director of Finance) Continued from the meetinq of November 24, 1998. RESOLUTION 19278 ABATING THE BUSINESS LICENSE TAX RATES FOR CALENDAR YEARS 1999, 2000, AND 2001 TO RETAIN THE TAX RATES AT THE CURRENT CALENDAR YEAR 1998 LEVELS This being the time and place as advertised the public hearing was opened. · Rod Davis, 233 Fourth Avenue, representing the Chamber of Commerce, stated the Chamber of Commerce enthusiastically supports staff's recommendation. There being no one else showing a desire to address the Council, the public hearing was closed. Minutes December 8, 1998 Page 7 Councilmember Salas stated that because of our wonderful community and a staff that works well with businesses is one reason we draw so many businesses. However, for the last two years the Growth Oversight Commission has reported that we have not met our police response time. We look to businesses to provide their fair share to fund public services, but because of our growth we have not met our levels of service. How do we meet our objectives for expanded services with less revenue? David Rowlands, City Manager, stated that the intent is for staff and the Chamber to work in a cooperative way developing an aggressive marketing technique that will attract additional sales tax and well-paying jobs to Chula Vista. The City's business license structure is based on a flat fee and not gross receipts, so the increase in revenue is only about $75,000 per year. Councilmember Salas asked if our business tax license fees are so low that they are not a significant contribution to the general fund, why have business license tax at all. Mr. Rowlands replied that the revenue from business licenses is roughly $800,000 a year in our general fund, but the increase itself is not all that much. The approach here is that by working with the Chamber they will generate more sales tax and more high-paying jobs. Councilmember Davis responded that the other thing we need to look at is how Our sales tax revenue has increased since 1991 that is how businesses pay their own way. If we can attract businesses by showing that we are business friendly and we bring in one car dealership we will earn far more with increased sales tax revenue. RESOLUTION 19278 OFFERED BY COUNCILMEMBER DAVIS, heading read, text waived, passed and approved unanimously 5-0. 18. PUBLIC HEARING PCS-99-02: TENTATIVE SUBDIVISION MAP FOR CONDOMINIUN PURPOSES DIVIDING NEIGHBORHOOD R-46 INTO 117 ~fULTI-FAMILy RESIDENTI~ UNITS IN OTAY P~NCH VILLAGE FIVE - APPLICANT: CORNERSTONE COMMUNITIES - Cornerstone Communities is proposing to develop a 117 unit multi-family residential condominium project on Neighborhood R-46 located on the northwest corner of East Palomar Street and Santa Cora Avenue. The project will consist of 39 tri-plex units in various configurations. Approval of the Tentative Subdivision Map PCS- 99-02 will enable the applicant to sell the units individually. Per staff's recommendation, the resolution was approved 4-0-0-1 (Moot abstained). (Director of Planning and Building) RESOLUTION 19294 APPROVING A TENTATIVE SUBDIVISION MAP FOR NEIGHBORHOOD R-46 IN VILLAGE FIVE OF THE OTAY RANCH SPECIFIC PLANNING AREA ONE PLAN, TRACT 99- 02, CORNERSTONE CONH~UNITIES, ~dqD MAKING THE NECESSARY FINDINGS This being the time and place as advertised, the public hearing was opened. There being no One indicating a desire to address the Council, the public hearing was closed. RESOLUTION 19294 OFFERED BY MAYOR HORTON, heading read, text waived, passed and approved 4-0-0-1 (Moot abstained). BOARD ~dqD COMMISSION RECOMMENDATIONS None submitted. Minutes December 8, 1998 Page 8 ACTION ITEMS 19. RESOLUTION 19295 CONDITIONALLY APPROVING THE CONVEYANCE OF 0.81 ACRE OF REAL PROPERTY LOCATED AT THE NORTHWEST CORNER OF ADA STREET AND INDUSTRIAL BO~rLEVARD TO SOUTH BAY COM~3NITY SERVICES FOR THE DEVELOPME~ OF AN 11 UNIT TRANSITIONAL HOUSING PROJECT FOR YOUNG ADULTS WHO HAVE COMPLETED THE COUNTY OF SAN DIEGO FOSTER CARE PROGRAM - South Bay Con~munity Services (SBCS) is proposing the development of an 11 unit transitional housing project for young adults who have aged out of the County of San Diego Foster Care Program. The property is owned by the City and adjacent to the Trolley Terrace Townhome development by SBCS. In order to effectively compete for other funding sources, SBCS must be able to demonstrate site control. Per staff's recommendation, the resolution was approved 5-0. (Director of Community Development) · Kathryn Lembo, 315 Fourth Ave, CV, representing South Bay Community Services, stated that some large portions of the homeless population are former foster care children. We estimate that with eleven units that we will have fifteen adult youths living there with one-third of them having children of their own. We plan that we will assign a full-time staff person to the project to provide life-planning and life-visioning programs and a property manager. Mayor Horton commended Ms. Lembo for all the work she does for young people who find themselves in such unfortunate circumstances. The ideas of having a transitional home for young people who are out of the foster care system is a great idea. Her concerns were the length of time a resident can stay, the need for a property manager when the adjacent facility has one, and the cost. Ms. Lembo stated that they estimate that the majority will leave within a two- year time frame. There is no maximum length of time because sometimes they may need the flexibility if the transition takes longer than two years. A condition of the lease is that they participate and follow the transition program, those who do not are asked to leave. The full-time property manager is usually an older couple who become grandparents, is a sense, to these young adults and assist the case worker with transitioning them to independent living. The costs at this time are just estimates. They will report a definitive cost to Council when it is available. Councilmember Moot stated that the concept is wonderful especially focusing on foster children. Getting them use to having their own space and giving them the skills so they can live on their own is wonderful. Councilmember Padilla stated that the population they are targeting is unique in terms of the need for transitioning youngsters who have not had a support network. If the City is basically giving the land to the South Bay Community Services for public purpose, why doesn't the City just give it to them and why is it structured in such a fashion. Chris Salomone, Director of Community Development, stated that because the funding is earmarked in for low and moderate income housing and the land was bought for that purpose. We feel that to preserve the opportunity to replenish that funding source is worth making the effort. These are special funds, it is structured that way hoping that the project succeeds, that there are residual receipts, or that we can replenish that funding source. Glen Googins, Assistant City Attorney, commented that they had not worked the transaction itself out in detail and will be coming back for the Council's consideration. They have also constructed other transactions of this type for South Bay Community Services as residual receipt loans. Supervisor Greg Cox, 1600 Pacific Highway, San Diego, stated that this was a very creative and innovative program. Statistically in San Diego County we have 6,000 children that are part of the foster care system, every year we have about 300 individuals that age out of the program. They age out of the system by reaching the eighteen or graduating from high school. Unfortunately we have not had a very good track record regarding our foster care kids in San Diego County. In Minutes December 8, 1998 Page 9 fact last year only fifty-one percent of the kids that aged out of the system had a high school diploma or a GED. Looking at some things that we can do to address that problem would be to provide a better transition for these young men and women. These young people, through no fault of their own, have no family due to an abusive situation or they lost their families due to some catastrophic event. This site is ideal because it is right across the street from the Trolley Station that would provide transportation to most of the County's educational facilities. This is critical, as these young people do not have cars and they will need to get to jobs or schools that is a part of their lease agreement. We hope Council will give this a favorable vote. Mayor Horton thanked Supervisor Cox for his moral and financial support for this very important project. RESOLUTION 191295 OFFERED BY COUNCILMEMBER MOOT, heading waived, text waived, passed and approved 5-0. 20. RESOLUTION 19296 APPROVING AN AGREEMENT WITH LAW CRANDALL, A DIVISION OF LAW ENGINEERING AND ENVIRONMENTAL SERVICES, INC., FOR MATERIALS TESTING AND GEOTECHNICAL CONSULTING SERVICES AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY - TO assure that the City continue to obtain quality improvements, the City needs to obtain materials testing and geotechnical engineering services for projects built with both public and private funds. These services will assure that the materials supplied to construct the City's infrastructure meeting the project's specifications. Staff has completed the Request for Proposal and consultant selection process and has negotiated the proposed contract with Law Crandall to provide material testing services from January 1, 1999 to December 31, 2000, with an option to extend the agreement for an additional year. Staff recommends approval of the resolution. (Director of Public Works) Continued to December 15, 1998. 21.A RESOLUTION 19297 APPROVING A DEFERRAL AGREEMENT WITH MCMILLIN OTAY RANCH LLC CONCERNING THE DEVELOPMENT OF CERTAIN PARCELS IN THE OTAY RANCH SPA ONE AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT - Council will consider the approval of an agreement for deferring the development of certain parcels within the Otay Ranch SPA One. Council will also consider the approval of Final "B" Maps, Subdivision Improvement Agreements, and Supplemental Subdivision Improvement Agreements for Units 2 and 3 of the McMillin Gray Ranch SPA One, Phase 1 (CVT 97-02). Per staff's recommendation, the resolution was approved 4- 0-0-1 (Moot abstained). (Director of Public Works) B. RESOLUTION 19298 APPROVING FINAL "B" MAPS FOR TRACT NUMBER 97-02, MCMILLIN OTAY RANCH SPA ONE, PHASE l, UNITS 2 AND 3, ACCEPTING ON BEHALF OF THE PUBLIC THE PUBLIC STREETS GRANTED ON SAID MAPS WITHIN SAID SUBDIVISIONS, ACCEPTING ON BEHALF OF THE CITY THE EASEMENTS GRANTED ON SAID MAPS WITHIN SAID SUBDIVISIONS, ACKNOWLEDGING ON BEHkLF OF THE PUBLIC THE IRREVOCABLE OFFER OF DEDICATION OF FEE INTEREST OF LOTS FOR OPEN SPACE AND OTHER PUBLIC PURPOSES ON SAID MAPS WITHIN SAID SUBDIVISIONS AND APPROVING SUBDIVISION IMPROVEMENT AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS REQUIRED BY SAID SUBDIVISIONS AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENTS C. RESOLUTION 19299 APPROVING SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR THE FINAL "B" MAPS FOR UNITS 2 AND 3 OF TRACT NUMBER 97-02, MCMILLIN OTAY RANCH SPA ONE, PHASE 1 AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT RESOLUTIONS 19297, 19298, AND 19299 OFFERED BY COUNCILMEMBER PADILLA, headings read, texts waived, passed and approved 4-0-0-1 (Moot abstained). 22.A. RESOLUTION 19280 APPROVING THE AMENDED COUNCIL POLICY NUMBER 505-02 (EARLY LIENING ASSESSMENT PROCEDURE AND ORIGINATION CHARGE POLICY) - Assessment Minutes December 8, 1998 Page 10 District 97-2 (AD 97-2) will provide public funding for the acquisition of public improvements within Otay Ranch Village One. The district was formed under the Municipal Improvement Act of 1913. Current Council Policy Number 505-2 requires that a project be fully completed and accepted by the City prior to acquisition. The amended policy will allow for the acquisition of complete discrete components of a project. Said amended policy is incorporated in the proposed amendment to the Acquisition/Financing Agreement which establishes the procedure for acquiring the improvements from the developer. Staff recommends approval of the resolutions. (Director of Public Works) Continued from the meetinq of Noventber 24f 1998. B. RESOLUTION 19281 APPROVING THE FORM OF THE SECOND AMENDED ACQUISITION/FINANCING AGREEMENT FOR ASSESSMENT DISTRICTNUMBER 97-02 (OTAYRANCH, VILLAGE ONE) C. RESOLUTION 19282 AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF LIMITED OBLIGATION IMPROVEMENTBONDS, APPROVING THE FOAM OF BOND INDENTURE, BOND PURCHASE CONTRACT ~LND OTHER DOCUMENTS AND AUTHORIZING CERTAIN ACTIONS IN CONNECTION THEREWITH Continued to January 5, 1999. 23.A RESOLUTION 19300 AMENDING THE CITY'S STATEMENT OF GOALS AND POLICIES REGARDING THE ESTABLISHMENT OF COMMUNITy FACILITIES DISTRICTS - On November 24, 1998, Council held the public hearing for the formation of Community Facilities District Number 97-3. The district will fund the construction of backbone infrastructure within the McMillin Otay Ranch SPA I project. Council action will certify the results of a special election where the qualified electors of the District were asked whether the levy of this special tax should be authorized. In addition, Council will be considering an amendment to the current Community Facilities District Policy which requires that a project be fully completed and accepted by the City prior to acquisition. The amended policy will allow for the acquisition of complete discrete components of a project. Said amended policy is incorporated in the proposed amendment to the Acquisition/Financing Agreement which establishes the procedure for acquiring the improvements from the developer. Staff recommends Council approve the resolutions and place the ordinance on first reading. (Director of Public Works) B. RESOLUTION 19301 APPROVING THE ACQUISITION/FINANCING AGREEMENT WITH MCMILLIN OTAYRANCH FOR COMMUNITY FACILITIES DISTRICT NUMBER 97-3 (MCMILLIN OTAY RANCH SPA ONE) C. RESOLUTION 19302 ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITy FACILITIES DISTRICTNUMBER 97-3 (MCMILLIN OTAYRANCH SPA ONE) DECLARING THE RESULTS OF A SPECIAL ELECTION IN SUCH COMMUNITY FACILITIES DISTRICT D. ORDINANCE 2768 ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITy FACILITIES DISTRICT NUMBER 97-3 (MCMILLIN OTAY RANCH SPA ONE) AUTHORIZING THE LEVY OF A SPECIAL TAX IN SUCH COMMUNITy FACILITIES DISTRICT (first readinq} Continued to December 15, 1998. 24. RESOLUTION 19303 ACCEPTING BIDS, FINDING APPARENT LOW BIDDER TO BE NON- RESPONSIBLEAND AWARDING CONTRACT FOR "OTAY RECREATION CENTER (PR-133)' TO LOWEST RESPONSIBLE BIDDER C & S DOCTOR, INC. - On July 29, 1998, sealed bids were received. The work to be done includes construction of a community recreation center which consists of a gymnasium and a multi-purpose facility. The project will be funded with Federal Community Development Block Grant monies, which sets certain goals in the hiring of disadvantaged minority and women-owned businesses enterprises. Neither of the two lowest bidders met these goals. However, they both made "good faith" efforts to comply with the HUD'S goals. Due to numerous concerns, staff recommends that the contract be awarded to the second lowest December 8, 1998 Page 11 bidder, C & S Doctor, Inc. in the amount of $2,210,959.00. Per staff's recommendation, the resolution was approved 5-0. (Director of Public Works) RESOLUTION 19303 OFFERED BY MAYOR HORTON, heading read, text waived, passed and approved unanimously 5-0. 25. REPORT 1998 CMD'LA VISTA PUBLIC LIBRARY MASTER Plan - In November 1997, Council approved a contractual agreement with the firm David M. Griffith and Associates, Ltd., to assist the City in revising the Library's 1987 Master Plan. A new master plan has been drafted, which if approved, will guide the development of the Library system well into the 21st Century. Per staff's recomendation, Council accepted the 1998 Library Master Plan 5-0. (Library and Recreation Director) David Palmer, Library and Recreation Director, stated that the Council had instructed him to plan for the growth and to insure equitable services in the City. The Library Master Plan Revision 1998 is designed to do just that. He introduced the consultant Beverly Simmons from DMG Maximus who gave a slide presentation. Councilmember Moot asked about the funding. They built the South Chula Vista Library with substantial funds from the state, was that a one-time availability. Would it be realistic to plan for that kind of funding in the future? Mr. Palmer stated those funds were from the 1988 State Bond Issue Act that the voters approved state wide. There have been subsequent efforts to put another library bond issue on the ballot, it came very close this last election, but lost to the school bond issue. There is a continued effort to put library bond issues back on the ballot as a need exists for about $350 million worth of construction. They have expended the 1988 dollars, in fact Chula Vista received one of the largest grant awards of $85 million from that bond issue. Planning for any Of that money would not be feasible. Councilmember Salas asked why they decided to build a library on the Rancho del Rey site and not the EastLake site? Mr. Palmer responded that both land sites have been donated to the City from McMillin Company, but the Rancho del Rey site is six acres and the EastLake site is only one acre. The Rancho del Rey site will serve all the residents of the SR-125 southern corridor. MSUC (HORTON/DAVIS) to accept the 1998 Library Master Plan. 26. REPORT CONSIDERATION TO AMEND THE MUNICIPAL CODE TO CREATE A KIOSK SIGN PROGRAM - The Planning and Building Department is in the process of drafting an ordinance for Council review which would amend the Municipal Code to allow the establishment of an off-site real estate directional Kiosk Sign Program to provide directions to master planned communities on the east side of Interstate 805. The proposed program will allow the City to enter into an agreement for the installation, maintenance, and enforcement of off-site real estate directional signs located within the public right-of-way in the eastern area of the City. Staff recommends Council: (1) Direct staff to prepare an ordinance establishing a Kiosk Sign Program for consideration by the Planning Commission and Council; (2) Direct staff to process a Request for Proposals and select an administrator for the Kiosk Sign Program; and (3) Approve in concept the draft Kiosk Sign Plan with the understanding that it will be fine tuned by the Director of Planning and Building in final negotiations with the proposed administrator. (Director of Planning and Building) Continued to December 15, 1998. Minutes December 8, 1998 Page 12 ITEMS PULLED FROM THE CONSENT CALENDAR None. OTHER BUSINESS 27. CITY MANAGER'S REPORT(S) A. Dave Rowlands, City Manager, announced that Victor Joseph is providing 100 free turkeys to the needy families in Chula Vista. Mayor Horton requested that we send Mr. Joseph a letter expressing the City's appreciation for what he is doing, that is a very generous contribution. 28. MAYOR'S REPORT(S) A. Ratification of appointment to the Design Review Committee - Jose V. Alberdi, Jr. (to fill vacancy created by Committee Member Rodriguez, whose term expires on June 30, 2000). MSUC (Horton/Salas) to ratify the appointment of Jose V. Alberdi, Jr. to the Design Review Committee. B. Reappointment of Port Commissioner David L. Malcolm. MSUC (Horton/Padilla) to reappoint David Malcolm to the Port Commission. Mayor Horton referred a recommendation to staff to request the Port Commission pay for the consultant that we will be hiring to look into the Brown Airport project. Having a cargo airport facility may affect the revenues from Lindbergh Field so it may by appropriate to request from the Port to pay for the consultant. 29. COUNCIL COMMENTS · Councilmember Davis replied that she was just excited to be here tonight. · Councilmember Salas wanted to state publicly what a pleasure it was working with Jerry Rindone, and how much she had learned from him over the last two years. The City of Chula Vista is truly blessed to have a Council with such diverse backgrounds and different levels of experience and expertise. She wished Jerry the best of luck and remarked that she would continue to solicit his advice on tough matters, as she does with all the Councilmembers. Councilmember Salas referred to staff the task of investigating the privatization of San Diego County's telecommunications and information technology functions. They expect this project to be more than a $1 Billion contract. One of the most important pieces of consideration is the privatization of the tax collection and recording systems in the assessor's office. The county is considering massive changes in tax collection systems and technology without discussing the implications or seeking input from the cities. Outsourcing has the potential to increase liabilities for cities that depend upon the property tax system. Any errors in tax collecting or reporting could result in inadvertent defaults on property and expose the City to legal problems. A recent finding about cuts in Minutes December 8, 1998 Page 13 service from the County's mental health provider shows the potential downside of outsourcing these services. · Councilmember Moot echoed Councilmember Salas's remarks about Councilmember Rindone, it was fun to work with Jerry as he brought a lot to the table Of the Council meetings. We will miss him as he was a valuable member and a pleasure to serve with. · Councilmember Padilla stated that he was very excited to be a part of the Council. Even with the different personalities and backgrounds there is a sense of teamwork that bands the Council together to achieve a common purpose. ADJOURNMENT The meeting adjourned at 9:00 p.m. Respectfully submitted, BEVERLY A. AUTHELET, CMC/AAE, City Clerk