HomeMy WebLinkAboutcc min 1998/10/13MINUTES OF A REGULAR MEETING OF TEE CITY COUNCIL
OF TEE CITY OF CHULA VISTA
Tuesday, October 13, 1998
6:10 p.m.
Council Chambers
Public Services Building
RO~.t CALL:
PRESENT:
ABSENT:
ALSO PRESENT:
CALL TO ORDER
Councilmembers: Moot, Padilla, Rindone, Salas, and
Mayor Horton.
Councilmembers: None
City Manager, David D. Rowlands; City Attorney, John M.
Kaheny; and City Clerk, Beverly A. Authelet.
2. PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE
3. APPROVAL OF MINUTES: None submitted.
4. SPECIAL ORDERS OF THE DAY:
· Linda Boutin, President, Friends of the Arts, announced that the Friends
of the Arts had received grants from the California Arts Council and the County
of San Diego as well as a donation from Chula Vista Police Activities League.
The funds will be used to increase the production and reach of Mosaic, their
community arts newsletter; and to enhance their after school programs. She
presented the Hip Hop Company Club NDA who performed a dance routine.
· Senator Wadie Deddeh made a brief presentation on the wrap-up of the 1998
State Legislative Session. He stated that there is a great push to completely
eliminate the Vehicle in Lieu Fees. $1.2 billion comes to the cities and 65% of
that goes to police and fire. This year, the legislature compromised with a 25%
reduction in 1999 and another 35% the following year. The State will backfill
this reduction with cash so the cities will not actually lose. However, this
does not mean the cities in the future are guaranteed and protected from an act
of the legislature. It would take a constitutional amendment to protect these
revenues. The League is going to seek such a constitutional amendment because
Tom McClintock has threatened to push for an initiative that he would like to
place on the ballot in the year 2000 not only to totally eliminate VLF, but also
to eliminate the "car tax." They will be supporting the Leagues' constitutional
amendment effort. ERAF is another one that is going to be very painful because
of the recession and the shortfall of the State's budget in 1992 and 1993. The
governor and the legislature took about $3.9 billion. This money did not go to
the state legislature; it went to education because under Proposition 98 any
income the state had, it had to be given to education. So the legislature pitted
local government against education. Local government lost. The only way this
can come to an end is either establish a cap; reduce $100 million a year until
the $3.9 billion is paid; or shift or eliminate it completely. It will take a
tremendous amount of fight to do so. This is where local governments have to
band together to do something about it to education the new assembly members who
have not heard about VLF or ERAF. With term limits, it does not give enough time
to education new members of the assembly on these critical issues.
Councilmember Rindone suggested that we come up with a legislative package that
would not put at risk those endeavors to raise the per pupil cost to the median
expenditure from the 50 states, but at the same time address the needs of the
quality of life of the cities. We shouldn't be competing against that priority
since education is one of the City's twelve quality of life indicators.
Minutes
October 13, 1998
Page 2
· Update on Port District matters by David Malcolm, Chair, Port Commission.
Mr. Malcolm could not attend the meeting; therefore, the item was continued to
the next meeting.
CONSENT CALEND~
(Items pulled: 13 and 16. Moot abstained on items 6, 7, and 9)
BALANCE OF THE CONSENT CALENDAR OFFERED BY MAYOR HORTON, headings read, texts
waived, passed and approved unanimously 5-0, except items 6, 7, and 9 where
Councilmember Moot registered an abstention.
5. WRITTEN COMMUNICATIONS:
A. Letter from the City Attorney stating that to the best of his knowledge
from observance of actions taken in Closed Session on October 6, 1998, there were
no actions taken which are required under the Brown Act to be reported. Per
staff's recommendation, the letter was received and filed.
B. Letter from William B. Yancey, Sr., requesting that a 25 mph speed limit
sign be posted on Spruce Street. Per staff's recommendation, the letter was
received and filed.
C. Letter of resignation from the Commission on Aging - Ignacio Valdovinos.
Per staff's recommendation, the resignation was accepted with regret, and the
City Clerk was directed to post immediately according to the Maddy Act in the
Clerk's Office and the Public Library.
6. ORDINANCE 2755 COUNCIL, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY
OF COMMUNITY FACILITIES DISTRICT NUMBER 97-1 (OPEN SPACE MAINTENANCE DISTRICT
[OTAY RANCH - SPA ONE, VILLAGES 1 & 5]), AUTHORIZING THE LEVY OF A SPECIAL TAX
IN SUCH COMMUNITY FACILITIES DISTRICT (second readinq and adoption) On
September 15, 1998, Council held the public hearing for the formation of
Community Facilities District Number 97-1. This district will fund the perpetual
operation and maintenance of open space slopes, drainage channels, detention
basins, medians and parkways of Otay Ranch SPA 1, Villages 1 and 5. 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 and direct staff to begin the process of determining the
collectible amount for Fiscal Year 1998/1999 and Fiscal Year 1999/2000. Per
staff's recommendation, the ordinance was placed on second reading and was
adopted 4-0-0-1 (Moot abstaining). (Director of Public Works)
7. ORDINANCE 2756 COUNCIL, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY
OF COMMUNITY FACILITIES DISTRICT NUMBER 97-2 (PRESERVE MAINTENANCE DISTRICT),
AUTHORIZING THE LEVY OF A SPECIAL TAX IN SUCH COMMUNITY FACILITIES DISTRICT
(second readinq and adoption) - On September 15, 1998, Council held the public
hearing for the formation of Community Facilities District Number 97-2. This
district will fund the perpetual operation and maintenance of Otay Ranch
Preserve. 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 and direct staff to begin the process of
determining the collectibis amount for Fiscal Year 1998/1999 and Fiscal Year
1999/2000. Per staff's recommendation, the ordinance was placed on second
reading and was adopted 4-0-0-1 (Moot abstaining). (Director of Public Works)
8. ORDINANCE 2757 COUNCIL, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY
OF COMMUNITY FACILITIES DISTRICT NUMBER 98-1 (OPEN SPACE MAINTENANCE DISTRICT
[OTAY RANCH, LLC-OVP-SPA ONE, VILLAGES I WEST, 2, 2 WEST, 6, 7 & PLANNING AREA
12) , AUTHORIZING TEE LEVY OF A SPECIAL TAX IN SUCH COMMUNITY FACILITIES DISTRICT
(second readinq and adoption} - On September 15, 1998, Council held the public
hearing for the formation of Community Facilities District Number 98-1. This
Minutes
October 13, 1998
Page 3
district will fund the perpetual operation and maintenance of the Otay Ranch
Preserve. 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 and direct staff to begin the process of
determining the collectible amount for Fiscal Year 1998/1999 and Fiscal Year
1999/2000. Per staff's recommendation, the ordinance was placed on second
reading and was adopted 5-0. (Director of Public Works)
9. ORDINANCE 2758 COUNCIL, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY
OF COMMUNITY FACILITIES DISTRICT NUMBER 98-2 (OPEN SPACE MAINTENANCE DISTRICT
MCMILLIN - D.A. AMERICA, OTAY RANCH - SPA TWO, VILLAGES 6 & 7]), AUTHORIZING THE
LEVY OF A SPECIAL TAX IN SUCH COMMUNITY FACILITIES DISTRICT (second readinq and
adoption) - On September 15, 1998, Council held the public hearing for the
formation of Community Facilities District Number 98-2. This district will fund
the perpetual operation and maintenance of the Otay Ranch Preserve. 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 and direct staff to begin the process of determining the
collectible amount for Fiscal Year 1998/1999 and Fiscal Year 1999/2000. Per
staff's recommendation, the ordinance was placed on second reading and was
adopted 4-0-0-1 (Moot abstaining). (Director Of Public Works)
10. ORDINANCE 2759 AMENDING ORDINANCE 2579 RELATING TO ESTABLISHING A
PROCEDURE FOR FEE WAIVER OR REDUCTION WITHIN THE INTERIM PRE-SR125 DEVELOPMENT
IMPACT FEE (second readinq and adoption) - On January 4, 1994, Council adopted
Ordinance 2579 establishing an interim pre-SR125 Development Impact Fee to pay
for transportation facilities in the City's eastern territories. That ordinance
did not have a procedure for fee waiver or reduction. Based on a recent
development which paid an estimated fee with an understanding that actual traffic
generation rates would be studied after the project was opened, a portion of the
fee payment should be refunded. Per staff's recommendation, the ordinance was
placed on second reading and was adopted 5-0. (Director of Public Works)
11. ORDINANCE 2760 AMENDING TITLE 19 OF THE MUNICIPAL CODE TO MODIFY SECTION
19.64.150 AND ADD SECTION 19.64.190 RELATING TO RECONSTRUCTION OF NON-CONFORMING,
NON-RESIDENTIAL STRUCTURES WITHIN THE CITY (second readinq and adoption) - The
purpose of this amendment is to allow current restriction on the rebuilding of
non-conforming, non-residential structures which are destroyed to be waived upon
obtaining a Reconstruction Permit. Approval Of said permit would be based upon
a public hearing and subject to meeting of specific criteria including the
presence of site constraints which would make it difficult for the owner of the
property to rebuild it in accordance with current land use restrictions. Per
staff's recommendation, the ordinance was placed on second reading and was
adopted 5-0. (Director of Planning and Building)
12. RESOLUTION 19212 ACCEPTING CALIFORNIA STATE LIBRARY - CALIFORNIA LIBRARY
SERVICES ACT, FAMILIES FOR LITERACY GRANT FUNDS AWARDED TO THE CHULA VISTA
LITERACY TEAM, APPROPRIATING FUNDS, AND AMENDING THE FISCAL YEAR 1998/99 BUDGET
TO INCLUDE A .35 FULL TIME EQUIVALENT POSITIONS - The Chula Vista Literacy Team
has been awarded a $21,000 California Library Services Act, Families for Literacy
grant from the California State Library to develop and offer special family
literacy services to adult learners and their young children. This is the eighth
year that the Literacy Team has been awarded this grant. This program was
developed to break the inter-generational cycle of illiteracy by providing in-
service training for volunteer tutors whose learners are parents of young
children, special library programming for those learners and their families, and
a home collection of quality children's books and magazines for each
participating family. Per staff's recommendation, the resolution was approved
5-0. (Library and Recreation Director) 4/5th's vote required.
Minutes
October 13, 1998
Page 4
13. RESOLUTION 19213 APPROVING COOPERATIVE AGREEMENT NUMBER 11-4269 WITH THE
STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION, FOR THE CONSTRUCTION OF
IMPROVEMENTS TO THE 1-805/TELEGRAPH CANYON ROAD INTERCHANGE AND AUTHORIZING THE
MAYOR TO SIGN THE AGREEMEN"E - In February 1996, staff initiated design efforts
aimed at implementing the final phase of planned improvements at the I-
805/Telegraph canyon Road interchange. The primary objective of this project is
to improve the flow of traffic along eastbound Telegraph Canyon Road through the
interchange, thereby complementing previous improvements made for westbound
travel. The plans are nearly complete and Caltrans will be issuing an
encroachment permit soon. Caltrans has agreed to pay an estimated $205,214 for
certain items of work and to furnish, at their cost, a resident engineer during
the construction phase. In order to proceed, the City needs to enter into a
cooperative agreement with Caltrans for use of their funding and the services of
the resident engineer. Per staff's recommendation, the resolution was approved
5-0. (Director of Public Works) Item was pulled bY Councilmember Rindone.
Councilmember Rindone stated he pulled the item in memory of former Councilmember
Len Moore. This was one of his big issues. Therefore, he asked staff two of Mr.
Moore's questions which he always asked: (1) How long have we been working with
Caltrans on this project? (2) How much has this increased in cost?
Cliff Swanson, Deputy Director of Public Works, stated that on this specific
project, we started the initial design efforts in February 1996. However, we
have been playing around with Caltrans with two previous phases starting about
1986. He stated that staff has not calculated the increase, but with all the
additional work that has to be done over what we anticipated was necessary, it
could easily have doubled.
RESOLUTION 19213 OFFERED BY COUNCILMEMBER RINDONE, heading read, text waived,
passed and approved unanimously 5-0.
14.A. RESOLUTION 19214 APPROVING FINAL MAP OF TRACT NUMBER 98-07, BELLA NAVONA,
ACCEPTING ON BEHALF OF THE CITY PUBLIC STREETS AND EASEMENTS GRANTED ON SAID MAP
WITHIN SAID SUBDIVISION, ANDAPPROVING THE SUBDIVISION IMPROVEMENT AGREEMENT FOR
THE COMPLETION OF IMPROVEMENTS REQUIRED BY SAID SUBDIVISION, AND AUTHORIZING THE
MAYOR TO EXECUTE SAID AGREEMENT - On May 26, 1998, Council approved the Tentative
Subdivision Map for Tract 98-07, Bella Navona. The Final Map, Subdivision
Improvement Agreement, and Supplemental Subdivision Improvement Agreement are now
ready for consideration and approval. Per staff's recommendation, the
resolutions were approved 5-0. (Director of Public Works)
B. RESOLUTION 19215 APPROVING SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT
FOR TRACT 98-07, BELLA NAVONA, REQUIRING DEVELOPER TO COMPLY WITH CERTAIN
UNFULFILLED CONDITIONS OF RESOLUTION NUMBER 19014, A~rD AUTHORIZING THE MAYOR TO
EXECUTE SAID AGREEMENT
15.A. RESOLUTION 19216 APPROVING FINAL MAPS OF TRACT NUMBER 92-02, SALT CREEK
RANCH, NEIGHBORHOOD 3, UNITS 7 THROUGH 12, AND NEIGHBOROOD 4B, UNITS 1 THROUGH
7, ACCEPTING ON BEHALF OF THE CITY PUBLIC STREETS Alfl) EASEMENTS GRANTED ON SAID
MAPS WITHIN SAID SUBDIVISIONS, AND ~PROVING SUBDIVISION IMPROVEMENT AGREEMENTS
FOR THE COMPLETION OF IMPROVEMENTS REQUIRED BY SAID SUBDIVISIONS, ANDAUTHORIZING
THE MAYOR TO EXECUTE SAID AGREEMENTS - On October 6, 1992, Council approved the
Tentative Subdivision Map for Tract 92-02, Salt Creek Ranch. On that tentative
map, neighborhood boundaries were delineated. The Final Maps, Subdivision
Improvement Agreements, and Supplemental Subdivision Improvement Agreement are
now ready for consideration and approval. Per staff's recommendation, the
resolutions were approved 5-0. {Director of Public Works)
B. RESOLUTION 19217 APPROVING SUPPLEMENTAL SUBDIViSiON IMPROVEMENT AGREEMENT
FOR TRACT 92-02, SALT CREEK RANCH, NEIGHBORHOOD 3, UNITS 7 THROUGH 12, AND
NEIGHBORHOOD 4B, UNITS 1 THROUOH 7, M AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT
Minutes
October 13, 1998
Page 5
16. RESOLUTION 19218 APPROVING CHANGE ORDER NUMBER 1 FOR THE "MAIN STREET
IMPROVEMENT PROJECT BETWEEN INDUSTRIAL BOULEVARD AND BROADWAY" (ST-961) AND
AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO EXECUTE SAID CHANGE ORDER ON BEHALF
OF THE CITY - On June 9, 1998, Council awarded a contract in the amount of
$2,800,178.40 (plus contingencies of $574,821.60) to Wier Construction
Corporation. Change Order Number 1, which totals $22,162.50, consists of extra
work items for the construction of a new sewer main parallel to the existing
newer main within Jacqua Street in order to accommodate the construction of a
storm drain on the west side of Jacqua Street, from Main Street to Otay River.
Per staff's recommendation, the resolution was approved 5-0. (Director of Public
Works) Item was pulled by Councilmember Rindone.
Councilmember Rindone asked if we had any legal recourse with the County
regarding the inaccurate recordS that we inherited and the fiscal impact on the
City?
John Kaheny, City Attorney, replied he did not feel there was much of a case
there.
RESOLUTION 19218 OFFERED BY MAYOR RORTON, heading read, text waived, passed and
approved unanimously 5-0.
* * * END OF CONSENT CALENDAR * * *
ORAL COMMUNICATIONS
There was none.
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
None submitted.
BOARD AND COMMISSION RECOMMENDATIONS
None submitted.
ACTION ITEMS
17. RESOLUTION 19219 APPROVING AN AGREEMENT WITH PROJECT DESIGN CONSULTANTS
FOR THE UPDATE OF THE TRANSPORTATION DEVELOPMENT IMPACT FEE PROGRAM, AUTHORIZING
THE MAYOR TO EXECUTE SAID AGREERENT AND APPROPRIATING FUNDS FOR THE UPDATE OF THE
TRANSPORTATION DEVELOPMENT IMPACT FEE PROGRAM FROM THE UNAPPROPRIATED BALANCE OF
THE TRANSPORTATION DEVELOPMENT IMPACT FEE FUND - The Transportation Development
Impact Fee (TDIF) is a cost sharing program used to equitably distribute the cost
of new roads serving the new development east of 1-805. The program needs to be
updated to reflect the changing development picture and include new areas annexed
to the City. Due to the complexity and magnitude of this task and the extensive
professional resources needed to achieve this work, staff recommends the
retention of an outside consultant. By following the City's selection procedure,
staff has requested proposals, created a selection committee and determined that
Project Design Consultants is the most qualified firm for updating the TDIF. Per
staff's recommendation, the resolution was approved 5-0. (Director of Public
Works) 4/Sth's vote required.
Councilmember Rindone asked what recourse did the City have if the consultant
produces woefully inaccurate estimates and the TDIF is off so much that the
infrastructure would not be adequately paid for. Do we have a procedure to be
able to go back and make adjustments.
John Lippitt, Public Works Director, responded that the secret in doing an
estimate on major projects in an area that is virgin land is to get as much
information as you can. The amount of effort that we are putting into the
project for this type of estimate is much more detailed and extensive than we
have done in the past. This firm is the one that gave the most insight and
Minutes
October 13, 1998
Page 6
seemed to have the best understanding of the extent to what we wanted to go
through to get adequate estimates. We need to update the estimates every few
years based on all the new information that becomes available. The major thing
we have done in the past to take care of that problem is to update the program
and take a closer look at any new data.
Ann Moore, Assistant City Attorney, stated that in the agreement it does provide
that the consultant shall reimburse the City for any additional expenses incurred
by the City due to any errors or omissions in the performance of their work under
the agreement. The City has the ability to update its fee and to increase the
amount of the Development Impact Fee that is required as a result of looking at
the new costs of construction.
Councilmember Rindone asked if the City had a policy for updating every three to
five years. It may be something that we may want to think about. He was asking
because this was the beginning of a major building effort in the City. These are
the policy issues we need to have in place prior to the commencement of this
major construction and the need to make that determination for the
infrastructure.
Mr. Lippitt stated that this is the third update since we started the program
about ten years ago. If there isn't a policy, he felt staff would support the
policy that we should review this every three to five years.
Councilmember Rindone supported that. Even though we haven't formalized that,
now that we are at the front end of a major build out as a result of the largest
annexation in the history of the State of California, we need to be doing that.
He was also interested in what safeguards were in place to not draw upon the
additional allocation. Sometimes when you appropriate funds for whatever project
or contract and there is a view by those who are selected that these are
available funds for other services. He wanted to be sure that this is not
looking like a big plum and tag on other things. How is staff going to provide
those safeguards so that does not occur?
Cliff Swanson, Deputy Director of Public Works, stated that this has already been
done. Staff has gone through the scope of work that the contractors are required
to do in detail. In addition, the proposal initially indicated that there would
be nine meetings with staff and developers and additional meetings would be based
on a time and material basis. Our past experience has been that no matter how
many we think there are going to be, it almost turns out to be more. Staff has
been proactive in increasing this to 15 meetings with staff and developers at the
same cost. So staff has been looking at all of those areas. However, that
doesn't mean that something won't come up that nobody could foresee.
Councilmember Rindone stated he was pleased with the answer. He wanted the City
to be in control, not the consultant.
RESOLUTION 19219 OFFERED BY COUNCILMEMBER RINDONE, heading read, text waived,
passed and approved unanimously 5-0.
18. RESOLUTION 19203 APPROVING IN-CONCEPT TEE CHANGES REQUIRED BY THE DESIGN
REVIEW COMMITTEE WHICH WILL RESULT IN A FUTURE COST INCREASE FOR TEE CONSTRUCTION
OF FIRE STATION NuMBER AND THE FIRE TRAINING CLASSROOM; APPROVING THE SECOND
AMENDMENT TO THE CONTRACTUAL AGREEMENT WITH JEFF KATZ ARCHITECTURE FOR
ARCHITECTURAL SERVICES ASSOCIATED WITH THE DESIGN AND CONSTRUCTION OF FIRE
STATION NUMBER 4 AND THE FIRE TRAINING CLASSROOM; AND APROPRIATING FUNDS
THEREFOR - Council approved CIP Projects PS-120 and PS-127 provide for the
construction of the new Fire Station Number 4 and the Fire Training Classroom at
the Fire Training Tower site in the Rancho del Rey development. The firm of Jeff
Katz Architecture has been hired to provide the architectural services. Recent
review of the Project's initial design by the City's Design Review Committee has
necessitated changes to the Project which will increase the construction costs,
and which are beyond the scope of the current agreement with the architect.
Therefore, it is necessary at this time to conceptually approve the Project's
Minutes
October 13, 1998
Page 7
revised scope and estimated budget and amend the Architect's agreement to
complete the necessary work. Staff recommends this item be continued to a future
meetinq. (Fire Chief and Director of Planning and Building) 4/5ths vote
required. Continued from the meeting Of October 6, 1998.
MSUC (Horton/Padilla) to continue the item to a future date.
ITEMS PULLED FROM THE CONSENT CALENDAR
(Items 13 and 16 were pulled; however, the minutes reflect the original printed
agenda order}
OTHER BUSINESS
19. CITY MANAGER'S REPORT(S) - there was none.
20. MAYOR'S REPORT(S)
A. Ratification of appointment to the Growth Management Oversight Commission
(Development) - Paul Nieto (to fill vacancy created by commissioner Aguirre,
whose term expired on June 30, 1998). Continued from the meeting of October 6,
1998. Item was continued.
B. Ratification of appointment to the Cultural Arts Commission Jeri
Vanderpool (to fill vacancy created by Commissioner Wheeland, whose term expired
on June 30, 1998).
MSUC (Horton/Rindone) to ratify the appointment of Jeri Vanderpool.
C. Taking a position to support Proposition JJ, classroom and facility
improvements in the Chula Vista Elementary School District. Continued from the
meeting of October 6, 1998.
Item was taken out of order and heard at the beginning of the meeting because a
representative from the Chula Vista Elementary School was present to address this
item. However, the minutes will remain in the printed agenda order.
Mayor Horton stated that this is the classroom and facility proposition that is
before the voters. She recon~nended that the Council approve and support a
resolution that will come forward next week to support Proposition JJ. The
proposition will provide funds for renovation of plumbing, electrical systems,
leaky roofs, etc. for existing classrooms. Classes will also be made handicapped
accessible. There is a master plan for modernization and renovation.
councilmember salas stated she had a question from a constituent that perhaps Mr.
Billings could address it. It was regarding new schools in the Mello Roos
assessments. The constituent felt that it was our policy that all new
development pay for itself. In the staff report, there is a section that states,
"if passed, taxes assessed for Proposition JJ would be used in new communities
to help build needed school facilities, and at the same time reduce all Mello
Roos assessments by a similar amount." Under Proposition JJ, all property owners
will have the opportunity to support school facility and renovation. Her
understanding was that we are not putting the burden of new schools in new
developments on the tax payers in the older districts, but rather there is an
assessment across the board. The Mello Roos is still in place, but there is only
a portion of the Mello Roos reduced by the amount that is taken by JJ.
Dr. Lowell Billings, Assistant Superintendent of Business Services for the Chula
Vista Elementary School, responded that was correct. What they have established
is a process where they have major renovation going on in the West side; that is
the detailed $38 million of improvements and renovations that have been
identified. The balance of the bonding capacity, the $57 million, is really
linked to the potential increase in assessed valuation as our community grows to
the East. Those bonds may never even be issued if the growth is not commensurate
Minutes
October 13, 1998
Page 8
with that level of bonding capacity. The way it is set up is that we are seeking
full mitigation for all of our development and have received that through a
developer agreements. If we issue an additional ad valorem tax, then that
provides a new funding revenue to provide duplication of what the Mello Roos is
already providing, so there would be the ability to reduce some of the burden on
the Mello Roos in those communities. Therefore, homeowners would not be
obligated to pay twice. It would still provide 100% mitigation for all of the
new development in the East, and it would also be tied to the development of
assessed evaluation in that new community and the new communities that will
develop in the future.
Councilmember Rindone stated the one thing which he did not see in the report
which was related to technology and upgrading the computers and literacy
programs. Was that legal within the framework of the bonding issue or could some
of those funds be used for that?
Mr. Billings stated that every school in the Chula Vista Elementary School
District is currently wired with eight internet drops per classroom. They have
full video, voice, and data transmission systems installed. What is missing in
many of the older schools is the electricity to power the equipment and machines
which are connected to the network. What the bond will allow them to do is to
augment and upgrade the technology infrastructure. Much of that is in place.
Some of the missing links are the actual basic electrical supply and energy
upgrades to allow them to use their capabilities. The $38 million that we have
for renovation and modernization would bring all of the schools to the modern
standards that are existing in the new schools. The $58 million is really tied
to future growth and development in the eastern sector. If our assessed
valuation increases, we will be obligated by our Mello Roos agreements to buy
down those Mellos. That is why the bonding capacity is part of the package.
MSUC (Norton/Rindone) to support Proposition JJ.
D. RESOLUTION 19220 TAKING A POSITION TO "OPPOSE STATE PROPOSITION 9, THE
UTILITY RATE REDUCTION AND REFORM ACT OF 1998" - Proposition 9 would affect the
electric utility rates throughout California. At the same time, this proposal
is likely to have a detrimental impact On the cost of issuing bonds in
California. The Legislative Committee recommends adoption of the resolution.
MSC (Norton/Moot) to oppose Proposition 9. Motion carried 4-1 with Padilla voting
21. COUNCIL COMMENTS
Councilmember Moot thanked the City Attorney for getting back to Council
regarding the political activities of City employees. After reviewing the memo,
he felt it would be appropriate to draft an ordinance consistent with the
constitution and Council's abilities to address this issue. It may be that the
Incompatible Activities Code of the City is where it is more appropriately
addressed, but he did feel that we had an obligation to make sure that there is
an appearance of propriety between City work and political activities, and City
employees being paid by the City are not being perceived as also taking political
positions that may be in conflict with their employment as employees of the City.
He felt we should move forward and bring back an appropriate ordinance and
clarify this issue, so there is not a problem in the future. We also have an
ordinance that is unenforceable which needs to be addressed after the election,
and he hoped there was the political will to see to it that elections in Chula
Vista are the best and fairest that they can be, and that we have clear rules
that can be enforced and that people will obey.
Councilmember Padilla echoed most of Mr. Moot's comments. He added that perhaps
coming up with some draft language would be to answer the question whether or not
the Charter, existing State statutes, state and federal constitutions,
incompatible activities code, and a number other things do not already have an
impact or would respond to some of those questions in existing form. Before we
Minutes
October 13, 1998
Page 9
draft a new policy, we may find out that it is already covered through one or
more of those documents.
The meeting adjourned at 7:15 p.m.
Respectfully submitted,
Beverly A. Authelet, CMC/AAE
City Clerk