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HomeMy WebLinkAboutcc min 1998/09/15MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA Tuesday, September 15, 6:03 p.m. 1. ROLL CALL: PRESENT: ABSENT: ALSO PRESENT: 1998 CALL TO ORDER Council Chambers Public Services Building 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. APPROVAL OF MINUTES: June 11, 1998, June 17, 1998, June 18, 1998, and September l, 1998 Councilmember Rindone stated the minutes of September 1 should reflect that he was in attendance although he did miss the Open Session, he was present at some of the Closed Session. Therefore, the minutes should record him as present with the time that he arrived instead of as an absence. MSUC (Rindone/Padilla) to approve the minutes of June 11, June 17, June 18, and September 1 as amended by Councilmember Rindone. Mayor Hotton registered an abstention on the September 1 minutes. 3. SPECIAL ORDERS OF THE DAY: A. Scott Tulloch, Deputy Director of Program Management/Construction Management Division, presented a report from the Metropolitan Wastewater Department of the City of San Diego. The report consisted of siting a pump station as part of the Regional Sewerage System for greater San Diego. As the region has grown, they have had to start planning the development of more sewerage treatment facilities in South San Diego. He presented nine alternative sites for a pump station to be located near the intersection of the Sweetwater River and Interstate 5. B. Pat Barnes, representing SDG&E, presented the City a $1,000 check from SDG&E for the Kenneth Lee Memorial Planning Award. Mayor Hotton accepted the gift. C. City Clerk Authelet administered the Oath of Office to Gustavo Perez, Growth Management Oversight Commission; Oscar Garcia, International Friendship Commission; and Maryellene Deason, Library Board of Trustees D. Robin Wilner, representing the Chamber of Commerce, announced that Harbor Days will be on September 19th and 20th from 10:00 a.m. to 5:00 p.m. She extended an invitation to the City Council. CONSENT CALENDAR (Item pulled: No. 8) CONSENT CALENDAR OFFERED BY COUNCILMEMBER RINDONE, headings read, texts waived, passed and approved unanimously 5-0. 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 oil September 1, 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. Minutes September 15, 1998 Page 2 B. Letter of Resignation from the Ethics Committee - Chester S. DeVore. 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. C. Letter of Resignation from the Planning Commission - Patricia Aguilar. 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. D. Letter from homeowners of the north end of 1400 Kim Place requesting removal of picnic table and cover at the end of First Avenue in SDG&E Park, and installing of lights in the parking lot at the southern end of First Avenue. Per staff's recommendation, the request was referred to the Police Department and the Parks Division as well as the Parks arid Recreation Commission for review and for a recommendation back to Council. 6. ORDINANCE 2745 AUTHORIZING THE LEVY OF A SPECIAL TAX IN SUCH COMMUNITY FACILITIES DISTRICT NO. 98-3 (OPEN SPACE MAINTENANCE DISTRICT NO. 35 (SUNBOW II), (second reading and adoption). The ordinance was adopted unanimously 5-0. 7A. ORDINANCE 2746 GRANTING TO SAN DIEGO GAS & ELECTRIC COMPANY, ITS SUCCESSORS AND ASSIGNS, THE FR~NCHISE TO CONSTRUCT, MAINTAIN AND USE, POLES, WIRES, CONDUITS AND APPURTENANCES, INCLUDING COMMUNICATION CIRCUITS, NECESSARY OR PROPER FOR TRANSMITTING AND DISTRIBUTING ELECTRICITY TO THE PUBLIC FOR ANYAND ~JuL PURPOSES IN, ALONG, ACROSS, UPON, UNDER, AND OVER THE PUBLIC STREETS AND PLACES WITHIN THE CITY OF CHULA VISTA (second reading and adoption). The ordinance was adopted unanimously 5-0. B. ORDINANCE 2747 GRANTING TO SAN DIEGO GAS & ELECTRIC COMPANY, ITS SUCCESSORS AND ASSIGNS, THE FRANCHISE, TO INSTALL, MAINTAIN AND USE PIPES AND APPURTENANCES TRANSMITTING AND DISTRIBUTING GAS FOR ANY AND ALL PURPOSES UNDER, ALONG, ACROSS, OR UPON THE PUBLIC STREETS AND PLACES AS THE SAME NOW OR MAY HEREAFTER EXIST WITHIN THE CITY OF CHULA VISTA (second reading and adoption). The ordinance was adopted unanimously 5-0. C. RESOLUTION 19165 APPROVING AGREEMENT WITH SDG&E GRANTING THE CITY AN EXCLUSIVE RIGHT TO ISSUE AND REFINANCE SDG&E INDUSTRIAL DEVELOPMENT BONDS - As part of its negotiations with SDG&E for a five year renewal of its gas and electric franchise, City staff negotiated a side agreement whereby SDG&E would grant to the City an exclusive right through June 30, 2013, to be the issuer for SDG&E'S Industrial Development Bond ("IDB") issues and refinancings. Under this agreement, for every ten million dollars ($10,000,000) of debt issued or refinanced, the City will receive an issuer fee of twenty five thousand dollars ($25,000). In every case the City would be acting as a conduit and would not itself be liable in any way for repayment of the bonds. Per staff's recommendation, the resolution was approved unanimously 5-0. (Assistant City Manager and Assistant City Attorney) 8. RESOLUTION 19145 APPROVING AN INCREASE IN THE NUMBER OF AUTHORIZED HOURS FOR COUNCIL AIDES FROM FIVE HOURS PER WEEK TO TEN HOURS PER WEEK AND APPROPRIATING $28,070 FROM AVAILABLE FUND BALANCE IN THE GENERAL FUND FOR RELATED SALARY AND BENEFIT COSTS - During the July 14, 1998 Council meeting, staff was directed to return to Council with an item for consideration related to increasing the authorized hours from five hours per week to ten hours per week for Council Aides, along with the costs stemming from such an action. Per staff's recommendation, resolution was approved unanimously 5-O. (Director of Finance) 4/5ths vote required. Continued from September 1, 1998. Item pulled by Councilmember Moot. Councilmember Moot stated the last time this was on the agenda, he asked that the City Attorney take a look into the particular policy with respect to City staff Minutes September 15, 1998 Page 3 getting paid in campaigns. The City Attorney did respond highlighting sections of the Charter which addresses this specific issue. However, he did not feel the existing Charter mirrors current City practice, nor does it mirror the practice at the State and Federal level. It was his understanding that if you are a paid City employee, you cannot at the same time as you are being paid be a paid employee of a political campaign. AS a paid City employee, you can volunteer as a right on the first amendment on a campaign. The problems and lines begin to merge when you are being paid both as a City employee and also paid to do a job on a particular campaign. It was his understanding with respect to Council Aides, it has always been the practice that anybody who was going to work on a campaign, resigns their paid position with the City and work for the campaign. That is generally the State and Federal practice as well. It would be wise to have some policy, not necessarily a Charter change, that reflects the current City practice. One that creates a clear demarcation consistent with practice at both the State and Federal level. Councilmember Salas asked for clarification in regards to where it states that no city official acting in their capacity should work for the advancement or the defeat of a particular candidate. She knew historically that when we have engaged in campaigning in the City that city council members have lent their photos to campaign material and have lent their endorsements to certain candidates. She would like a clarification whether that practice is okay. if it is not, she wanted to make sure she was clear on it so she would not participate in any activities that would be Outside the scope of what we should be doing. John Kaheny, City Attorney, responded that he would like to come back with a report on this issue because it is a little complex. Generally speaking, elected officials are allowed to campaign for whomever they may desire, but there is a distinction about just campaigning for someone and using your position per se or City supplies, materials, time, and energy. It is a little more complex than just an easy reading of the Charter section, so he would like to come back with a more detailed response. Councilmember Moot asked if it would also be possible to recommend an appropriate place in the City Code or wherever it would be to make it clear that a City employee being paid by the City is not simultaneously holding a paid position with a campaign. Mr. Kaheny replied that he could take a look at that. Generally speaking there are normally regulations that talk about the approval of outside employment for City employees to avoid those kinds of conflict of interest. Councilmember Padilla echoed the direction that Councilmember Moot was going. When we get down to examination of the particulars of the policy, there may be some disagreement. As he reviewed Charter Section 707 and the Chula Vista Civil Service Rules as well as those for other municipalities, and given that he is an employee of a municipality as well as a sitting elected official in another municipality, he was quite familiar with some of the issues that Councilmember Moot brings up. He felt the key point in Charter Section or any policies that the Council may look at to enact are to make a delineation between someone's purely political activities on behalf of a candidate for local, state, or federal office and exercising their constitutional rights to do so; and the simultaneous drawing of a salary from another public entity from requiring termination or separation from employment or resigIlation of an employee is quite different. In the City of San Diego and in at least one case in Chula Vista, the past practice has been that individuals who have outside employment are political consultants. When they go to be paid members of a campaign, they take a leave of absence from their employment with the City and are no longer drawing payment from the City of Chula Vista and are not in the building utilizing or making use of City equipment, time, or money. As far as the policy goes, he felt that when we look at any future policies, he felt that legally there may be some peril in coming up with a policy that would require an employee to resign an employment position with the City in order to participate in a campaign vis-a-vis making it clear that City equipment, money, and resources cannot be used in furtherance of that campaign. He felt that while that is in the same spirit where -Councilmember Minutes September 15, 1998 Page 4 Moot is heading, he felt there is a distinction, and there are two very different things. He would like the City Attorney to bear that in mind when he does his inquiry; and he would like some feedback on that particular point. MSUC (Moot/Padilla) to proceed and approve the item which is directly addressing an increase of hours, but refer to the City Attorney, the drafting of an appropriate policy to clarify what the City's position is with respect to being paid by the City and simultaneously being paid to work on a political campaign. Perhaps the City Attorney could bring back a policy or maybe one or two different options and let the Council chose the one that Council feels most comfortable with. 9. RESOLUTION 19154 APPROPRIATING $35,000 FROM UNANTICIPATED REVENUE FROM CHULA VISTA ELEMENTARY SCHOOL DISTRICT TO CIP PROJECT NO. TF258 FOR THE MODIFICATION OF THE TRAFFIC SIGNAL AT THE INTERSECTION OF BROADWAY AND "E" STREET (CIP NO. TF258) - This signal project was one of the conditions that City Council required the Chula Vista Elementary School District (CVESD) to mitigate in conjunction with ordering the conditioned street vacation of a portion of the 100 block of Jefferson Avenue. CVESD has deposited $36,000 to do the proposed traffic signal modification and other projects as a condition of the proposed vacation of Jefferson Avenue. Per staff's recommendation, the resolution was approved unanimously 5-0. (Director of Public Works) 4/5ths vote required. Continued from September 1,1998. Councilmember Rindone indicated that he had a brief comment to make on the item. Councilmember Rindone stated that only one other time have we discussed the potential for a protective permissive left turn lane for the intersection of Fourth and "H" Street. Staff had looked at that, and he thought they looked at it for the protective permissive left turn lane for both ways. He was very familiar with that intersection, and at least one way on Fourth Avenue, and not necessarily on "H" Street. He thought staff should re-look at that area, because it would appear to him having read the item some of the arguments that staff puts forth would be identical to this. He was not suggesting both ways, but for the left turn lanes for both ways on Fourth Avenue. He was supportive of the item, but he wanted to call this to staff's attention, because this would merit reconsideration. John Lippitt, Public Works Director, recalled when Fourth and "H" came up. He felt that when we do this with Broadway and "E" Street, we will be able to see how this works and then take another look at Fourth and "H". 10. RESOLUTION 19166 APPROVING AN AGREEMENT WITH THE FIRM OF SUTRO CO., TO PROVIDE FINANCIAL ADVISORY SERVICES RELATED TO FINANCING SPECIFIC CAPITAL PROJECTS AND REFINANCING SEVERAL ASSESSMENT DISTRICT DEBTS, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT - There are currently three known capital projects that require some form of borrowing in order to allow for a timely completion; the Animal Shelter, the Corporation Yard, and the Library Automation project. In addition, due to historically low interest rates, it may now be economically feasible to refinance several outstanding assessment district debts. After following the City's consultant selection process, staff is recommnending that the firm of Sutro & Co., be hired to act as financial advisor on these potential financings. Per staff's recommendation, the resolution was approved unanimously 5-0. (Director of Finance) 11. RESOLUTION 19167 DETERMINING THAT ANY BONDS ISSUED PURSUANT TO PROPOSED COMMUNITY FACILITIES DISTRICT 97-3 WILL BE SOLD ON A NEGOTIATED BASIS, WAIVING THE CONSULTANT SELECTION PROCESS AS IMPRACTICAL AND APPOINTING STONE & YOUNGBERG AS THE UNDERWRITER TO MARKET ANY SUCH BONDS - The financial advisor for Community Facilities District 97-3 (McMillin Development) in the Otay Ranch, recommending that the bonds to be issued to finance infrastructure within the district be priced on a negotiated basis in order to minimize borrowing costs to prospective home buyers. The underwriting team of Stone & Youngberg and Merrill Minutes September 15, 1998 Page 5 Lynch have been working diligently since their appointment in October 1997, to underwrite the bonds for the first assessment district in the Otay Ranch annexation, Assessment District 97-2 (Village Development). Staff feels that because of the value of the recently acquired knowledge by this underwriting team of the Otay Ranch development plan overall, and the closeness of the timing of the two bond issues, it is impractical to conduct another consultant selection process and is recommending that the process be waived in favor of appointing Stone & Youngberg/Merrill Lynch. Per staff's recommendation, the resolution was approved unanimously 5-0. (Director of Finance) 12. RESOLUTION 19168 APPROVING SOFTWARE LICENSE & MAINTENANCE AGREEMENT WITH PRINCIPAL DECISION SYSTEMS INTERNATIONAL (PDSI) FOR THE PURCHASE OF AN AUTOMATED FIRE STAFFING SYSTEM AND APPROPRIATING FUNDS FROM THE GENERAL FUND AVAILABLE FUND BALANCE THEREFOR Currently, the Fire Department maintains its staffing information and conducts its operational overtime callback eligibility, and the retrieval of pertinent information for the day-to-day management of the department's resources is laborious, time consuming, and inefficient. Until very recently, the Fire Department has not been able to find software which would meet the needs of its unique staffing patterns, MOU "rules", and management requirements. The TeleStaff software provided by PDSI, can be programmed with Chula Vista Fire staffing specifics for efficient information storage, retrieval, analysis, and can even be used to automate the telephonic recall of personnel for additional and overtime assignments. Per staff's recommendation, the resolution was approved unanimously 5-0. (Director of Management and Information Services and Fire Chief) 13.A. RESOLUTION 19169 APPROVING AN AGREEMENT WITH SDG&E FOR THE CITY'S PURCHASE OF THE SOUTH BAY SERVICE CENTER LOCATED AT 1800 MAXWELL ROAD AND ADOPTING NEGATIVE DECLARATION 95-02A IN CONNECTION THEREWITH - In December 1991, the City Council adopted a Civic Center Master Plan that identified future space and facility needs to meet the anticipated growth in Chula Vista. The Master Plan included planning for a new Public Works Corporation Yard (Corp Yard) to be relocated from its current 6 acre/261,360 square foot location at 707 "F" Street to a new site. The new site would better accommodate the space projections needed for staff and equipment to meet the growth anticipated in the City's eastern territory. A revised Corp Yard Master Plan was completed in February 1998 in response to an opportunity to purchase an existing facility that could potentially meet the majority of the City's Corp Yard needs and at the same time save the City millions of dollars. This agenda statement outlines the requirements of the updated Corp Yard Master Plan and the proposed purchase of the San Diego Gas & Electric (SDG&E) South Bay Service Center (SBSC), a surplus facility not currently used by the utility company, to meet the Master Plan needs identified for the Corp Yard. Per staff's recommendation, the resolutions were approved unanimously 5-0. (Assistant City Manager and Assistant City Attorney) B. RESOLUTION 19170 REGARDING THE CITY'S INTENTION TO ISSUE TAX EXEMPT OBLIGATIONS TO FINANCE THE CITY'S CORPORATION YARD AND DIRECTING STAFF TO RETURN WITH A FINANCING PLAN Councilmember Rindone wanted to publicly congratulated staff, especially Sid Morris, for a job well done. 14. RESOLUTION 19171 APPROVING DEFERRAL AGREEMENT WITH MICHAEL AND TONYA ARNOLD ON PAYMENT FOR THE CONSTRUCTION OF STREET IMPROVEMENTS AT 239 NAPLES STREET ~24D AUTHORIZING THE MAYOR TO EXECUTE THE DEFERRAL AGREEMENT The construction Of street improvements at 239 Naples Street (Assessor's Parcel No. 619-122-27-00) was included in the contract for Assessment District No. 96-01, Construction of Twin Oaks Avenue Improvements, from Naples Street to Emerson Street. The deferral agreement will provide the same payment plan to the property owners of 239 Naples Street that is being provided to the property owners within the boundaries of the adjoining assessment district. Per staff's Minutes September 15, 1998 Page 6 recommendation, the resolution was approved unanimously 5-0. (Director of Public Works) 15. RESOLUTION 19172 ACCEPTING CONTRACT WORK FOR THE INSTALLATION OF DUAL LEFT TURN LANES ON OTAY LAKES ROAD AT EAST "H" STREET (STM-322) PROJECT AND APPROVING CHANGE ORDER NO. 4, AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO EXECUTE SAID CHANGE ORDER ON BEHALF OF THE CITY - On June 10, 1997, the City Council approved Resolution No. 18694 awdrding a contract ill the amount of $1,007,914.75 (plus contingencies of $261,970.29) to Single Eagle, Inc., for the installation of dual left turn lanes on Otay Lakes Road at East "H" Street (STM-322). The work is now complete and the Notice of Completion was filed on August 17, 1998. Single Eagle, Inc., has submitted its final invoice (the total contract cost is $1,125,274.74). Retention in the amount of $55,845.85 (5% of $1,125,274.74) will be paid 35 days after the Notice of Completion was recorded. Change order No. 4, which will increase the contract by $14,020.49, is for extra work items including curb modifications and additional striping, survey monuments, landscaping, and irrigation. Per staff's recommendation, the resolution was approved unanimously 5-0. (Director of Public Works) END OF CONSENT CALENDAR ORAL COMMUNICATIONS Bill Ayers, 44 East Mankato Street, Chula Vista, 91910, informed Council that the California Veterans Board will meet on October 23, 1998 in the Council Chambers. There will be select committees meeting on October 22nd at the Holiday Inn on Main Street and I-805. The culmination of the meeting on October 23rd will be the corner stone laying of the Veterans Home. · Skot Pierson, 560 "D" Street, Chula Vista, 91910, representing the San Diego Youth Community Services "walk for Teen Kind," stated this will benefit a program by the San Diego Youth Community Services called the "Storefront" which helps the homeless and run-away teenagers by providing education, GED, job training, and self sufficiency training. The purpose of the Walk-a-thon is to open a South Bay Storefront under San Diego Youth Community Services specifically in Chula Vista to try to address the problem of gang associations. He requested a meeting to discuss possible funding the City might be able to match them to open up the program. He also asked if Mayor Horton would be able to do a ribbon cutting for their first annual Walk for Teen Kind. Mayor Horton responded she would be glad to if it fits into her calendar. She asked him if he had talked with South Bay Community Services because it sounded like they might be offering some similar type programs. She felt it would be beneficial for him to have discussions with them. Then he could talk to the appropriate staff from Community Development. Mr. Pierson responded that South Bay Community Services did not offer shelter or give aid to teenagers to the extent that the Storefront does. He thanked her for her advise. PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES Councilme~3er Moot stated he would be abstaining from Items 16, 17, and 19 since they involved McMillin. Mr. Moot left the dais. 16A. PUBLIC HEARING - REGARDING THE DECLARATION BY THE CITY COUNCIL OF ITS INTENTION TO ESTABLISH COMMUNITY FACILITIES DISTRICT NO. 97-1 (OPEN SPACE MAINTENANCE DISTRICT (OTAY RANCH - SPA ONE, VILLAGES 1 & 5]) PURSUANT TO THE PROVISIONS OF THE "MELLO-ROOS COMMUNITY FACILITIES ACT OF 1982", FOR THE PURPOSE OF FINANCING CERTAIN PUBLIC SERVICES THROUGH THE LEVY OF A SPECIAL TAX TO PAY FOR ALL OR A PORTION OF SUCH PUBLIC SERVICES - On July 28, 1998, Council approved the Minutes September 15, 1998 Page 7 Resolution of Intention to form Community Facilities District No. 97-1 and set the public hearing for September 1, 1998. This district will fund the perpetual operation and maintenance of open space slopes, drainage channels, detention basins, medians and parkways of Otay Ranch SPA I, Villages 1 and 5. Tonight's action will continue the formal proceedings leading to the establishment of CFD No. 97-1. Per staff's recommendation, the resolutions were approved 4-0-0-1 (Moot abstaining). (Director of Public Works) Continued from September 1, 1998. B. RESOLUTION 19157 MAKING CERTAIN PRELIMINARY FINDINGS, PASSING UPON PROTESTS AND APPROVING THE SPECIAL TAX REPORT FOR COMMUNITY FACILITIES DISTRICT NO. 97-1 (OPEN SPACE MAINTENANCE DISTRICT OTAY RANCH - SPA ONE, VILLAGES 1 & 5]) C. RESOLUTION 19158 FORMING AND ESTABLISHING COMMUNITY FACILITIES DISTRICT NO. 97-1 (OPEN SPACE MAINTENANCE DISTRICT [OTAY RANCH - SPA ONE, VILLAGES 1 & 5] AND AUTHORIZING SUBMITTAL OF LEVY OF SPECIAL TAXES TO THE QUALIFIED ELECTORS 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. RESOLUTIONS 19157 AND 19158 OFFERED BY COU]qCILMEMBER RINDONE, headings read, texts waived, passed and approved 4-0-0-1 (Moot abstaining). 17A. PUBLIC HEARING REGARDING THE DECLARATION BY THE CITY COUNCIL OF ITS INTENTION TO ESTABLISH COMMUNITY FACILITIES DISTRICT NO. 97-2 (PRESERVE MAINTENANCE DISTRICT) PURSUANT TO THE PROVISION OF THE "MELLO-ROOS COMMUNITY FACILITIES ACT OF 1982", FOR THE PURPOSE OF FINANCING CERTAIN PUBLIC SERVICES THROUGH THE LEVY OF A SPECIAL TAX TO PAY FOR ALL OR A PORTION OF SUCH PUBLIC SERVICES AND THE INTENT TO AUTHORIZE A SPECIAL TAX TO PAY FOR ALL OR A PORTION OF SUCH PUBLIC SERVICES - On July 28, 1999, Council approved the Resolution of Intention to form Community Facilities District No. 97-2 and Set the public hearing for September 1, 1998. This district will fund the perpetual Operation, maintenance and monitoring of the Otay Ranch Habitat Preserve. Tonight's action will continue the formal proceedings leading to the establishment of Community Facilities District No. 97-2. Per staff's recommendation, the resolutions were approved 4-0-0-1 (Moot abstaining). (Director of Public Works) Continued from September 1, 1998 B. RESOLUTION 19159 MAKING CERTAIN PRELIMINARY FINDINGS, PASSING UPON PROTESTS AND APPROVING THE SPECIAL TAX REPORT FOR COMMUNITY FACILITIES DISTRICT NO. 97-2 (PRESERVE MAINTENANCE DISTRICT). C. RESOLUTION 19160 FORMING AND ESTABLISHING COMMUNITY FACILITIES DISTRICT 97-2 (PRESERVE MAINTENANCE DISTRICT) AND AUTHORIZING THE SUBMITTAL OF LEVY OF SPECIAL TAXES TO THE QUALIFIED ELECTORS. John Lippitt, Public Works Director, indicated there had been a minor change under the title of Preserve Operations and Maintenance Fund Requirement. Language had been added as follows: ..."means for any Fiscal Year an amount applicable to Improvement Area A equal to the budgeted costs for Preserve Operations and Maintenance, etc.". That is the only change. This being the time and place as advertised, the public hearing was declared open. There being no one indicating a desire to address the Council, the public hearing was closed. RESOLUTIONS 19159 AND 19160 OFFERED BY MAYOR HORTON, headings read, texts waived, passed and approved 4-0-0-1 (Moot abstaining) 18A. PUBLIC HEARING INTENTION TO ESTABLISH COMMUNITY FACILITIES DISTRICT NO. 98-1 (INTERIM OPEN SPACE MAINTENANCE DISTRICT [OTAY RANCH, LLC-OVP-SPA ONE, VILLAGES 1 WEST, 2, 2 WEST, 6, 7 & PLANNING AREA 12]) PURSUANT TO THE PROVISIONS OF THE "MELLO-ROOS COMMUNITY FACILITIES ACT OF 1982", FOR THE PURPOSE OF Minutes September 15, 1998 Page 8 FINANCING CERTAIN PUBLIC SERVICES THROUGH THE LEVY OF A SPECIAL TAX TO PAY FOR ALL OR A PORTION OF SUCH PUBLIC SERVICES AND THE INTENT TO AUTHORIZE SPECIAL TAX TO PAY FOR ALL OR A PORTION OF SUCH PUBLIC SERVICES - On July 28, 1998, Council approved the Resolution of Intention to form Community Facilities Districts Nos. 98-1 and set the public hearing for September 1, 1998. This district will fund the perpetual operation and maintenance of open space slopes, drainage channels, detention basis, medians and parkways built in conjunction with Otay Ranch SPA One, Villages 1 and 5 but providing benefit to areas located outside SPA One. Tonight's action will continue the formal proceedings leading to the establishment of Community Facilities Districts Nos. 98-1. Per staff's recommendation, the resolutions were approved unanimously 5-0. (Director Of Public Works) Continued from September 1, 1998 B. RESOLUTION 19161 MAKING CERTAIN PRELIMINARY FINDINGS, PASSING UPON PROTESTS AND APPROVING THE COMMUNITY FACILITIES DISTRICT REPORT FOR COMMUNITY FACILITIES DISTRICT NO. 98-1 (INTERIM OPEN SPACE MAINTENANCE DISTRICT [OTAY PROJECT, LLC-OVP-SPA ONE, VILLAGES 1 WEST, 2, 2 WEST, 6, 7, & PLANNING AREA 12]). C. RESOLUTION 19162 ESTABLISHING COMMUNITY FACILITIES DISTRICT NO. 98-1 (INTERIM OPEN SPACE MAINTENANCE DISTRICT [OTAY PROJECT, LLC-OVP-SPA ONE, VILLAGES 1 WEST, 2, 2 WEST, 6, 7, & PLANNING AREA 12]) AND AUTHORIZING THE SUBMITTAL OF LEVY OF A SPECIAL TAX THEREIN TO FINANCE CERTAIN SERVICES TO THE QUALIFIED ELECTORS. This being the time and place as advertised, the public hearing was declared open. There being no one indicating a desire to address the Council, the public hearing was closed. RESOLUTIONS 19161 AND 19162 OFFERED BY COUNCILMEMBER SALAS, headings read, texts waived, passed and approved unanimously 5-0. 19A. PUBLIC HEARING REGARDING THE DECLARATION BY THE CITY COUNCIL OF ITS INTENTION TO ESTABLISH COMMUNITY FACILITIES DISTRICT NO. 98-2 (INTERIM OPEN SPACE MAINTENANCE DISTRICT IMCMILLIN - D.A. AMERICA, OTAY - SPA TWO, VILLAGES 6 & 7]) PURSUANT TO THE PROVISIONS OF THE "MELLO-ROOS COMMUNITY FACILITIES ACT OF 1982", FOR THE PURPOSE OF FINANCING CERTAIN PUBLIC SERVICES THROUGH THE LEVY OF A SPECIAL TAX TO PAY FOR ALL OR A PORTION OF SUCH PUBLIC SERVICES AND THE INTENT TO AUTHORIZE A SPECIAL TAX TO PAY FOR ALL OR A PORTION OF SUCH PUBLIC SERVICES - On July 28, 1998, Council approved the Resolution of Intention to form Community Facilities Districts Nos. 98-2 and set the public hearing for September 1, 1998. This district will fund the perpetual operation and maintenance of open space slopes, drainage channels, detention basins, medians and parkways built in conjunction with -Otay Ranch SPA One, Villages 1 and 5 but providing benefit to the areas located outside SPA One. Tonight's action will continue the formal proceedings leading to the establishment of Community Facilities District Nos. 98-2. Per staff's recommendation, the resolutions were approved 4-0-0-1 (Moot abstaining). (Director of Public Works) Continued from September 1, 1998 B. RESOLUTION 19163 MAKING CERTAIN PRELIMINARY FINDINGS, PASSING UPON PROTESTS AND APPROVING THE SPECIkL TAX REPORT FOR COMMUNITY FACILITIES DISTRICT NO. 98-2 (INTERIM OPEN SPACE MAINTENANCE DISTRICT [MCMILLIN - D.A. AMERICA, OTAY SPA TWO, VILLAGES 6 & 7]). C. RESOLUTION 19164 FORMING AND ESTABLISHING COMMUNITY FACILITIES DISTRICT NO. 98-2 (INTERIM OPEN SPACE MAINTENANCE DISTRICT [MCMILLIN - D.A. AMERICA, -OTAY SPA TWO, VILLAGES 6 & 7]) AND AUTHORIZING THE SUBMITTAL OF LEVY OF SPECIAL TAXES TO THE QUALIFIED ELECTORS. This being the time and place as advertised, the public hearing was declared open. There being no one indicating a desire to address the Council, the public hearing was closed. RESOLUTIONS 19163 AND 19164 OFFERED BY COUNCILMEMBER RINDONE, headings read, texts waived, passed and approved 4-0-0-1 (Moot abstaining). Minutes September 15, 1998 Page 9 20. PUBLIC HEARING PCA-98-08 & PCM-98-37, CITY-INITIATED PROPOSAL TO AMEND THE GROWTH MANAGEMENT ORDINANCE; THE GROWTH MANAGEMENT PROGRAM; AND THE THRESHOLD/STANDARDS AND GROWTH MANAGEMENT OVERSIGHT COMMISSION POLICY, TO ENACT A REVISED AIR QUALITY THRESHOLD STANDARD - In 1996, the Air Pollution Control District (APCD) recommended to the Growth Management Oversight Commission (GMOC) that the City's Air Quality Threshold Standard be changed from an annual assessment of local growth impacts on regional air quality, to an assessment of local air quality management activities. The proposed amendment to the Air Quality Threshold Standard was initially presented to the City Council at the April 25, 1996, GMOC workshop. The proposed amendment was approved in concept by Council, and staff was directed to return the item for formal public hearing and adoption. Staff has since worked with the Air Pollution Control District (APCD) , through the GMOC annual review process, to define reporting requirements, and the GMOC also agreed to receive air quality reports during the 1996 and 1997 annual reviews under the spirit Of the proposed, revised Air Quality Threshold. Staff is returning the amendment for formal public hearing and adoption which requires amendments to the Growth Management Ordinance, and to the Growth Management Program and the Threshold/Standards Policy. Per Staff's recommendation, the ordinance was placed on first readi~]g and the resolution was approved unanimously 5-0. (Director of Planning) A. ORDINANCE 2748 AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING SECTION 19.09.040 J, OF THE CHULA VISTA MUNICIPAL CODE TO ENACT A REVISED AIR QUALITY THRESHOLD STANDARD. (first readinq) B. RESOLUTION 19173 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, AMENDING SECTION 3.11.1 OF THE CITY'S GROWTH MANAGEMENT PROGRAM, AND THE AIR QUALITY THRESHOLD STANDARD OF THE CITY'S THRESHOLD/ STANDARDS AND GROWTH MANAGEMENT OVERSIGHT COMMISSION POLICY. This being the time and place as advertised, the public hearing was declared Open. There being no one indicating a desire to address the Council, the public hearing was closed. Councilmember Moot comme~ted that the proposal anticipates that the revised threshold standard shall direct staff to provide GMOC with a report encompassing an overview and evaluation of air quality management and improvement efforts associated with major development projects approved within the last year. In this context, we have embarked upon a C02 reduction program that specifically is designed to look at the emission of green house gases. He believe the report to the GMOC should specifically address the C02 reduction and emission of green house gas reduction since it directly relates to air pollution control. He felt that as a part of the report, the GMOC should look at what efforts are being made with respect to growth to reduce the emission of green house gases and how different policies and procedures the City can contribute to the reduction of C02 gases. He mentioned this at the GMOC hearing the last time that Council met jointly with them. He believed this was an appropriate place to incorporate the work that has been done by that task force into a standard set by the City. He recommended that staff consider as part of their recommendations specifically addressing this issue and if possible in fut~lre years incorporate an identifiable standard for the emission of green house gases that we might be able to use this as an objective standard as well. WITH THAT UNDERSTANDING THAT STAFF WILL INCLUDE ADDRESSING THAT SPECIFIC ISSUE, COUNCILMEMBER MOOT OFFERED RESOLUTION 19173 AND PLACED ORDINANCE 2748 ON FIRST READING, headings read, texts waived, passed and approved unanimously 5-0. BOARD AND COMMISSION RECOMMENDATIONS None ACTION ITEMS None Submitted. Minutes September 15, 1998 Page 10 ITEMS PULLED FROM THE CONSENT CALENDAR Item 8 was pulled by Councilmerrlber Moot; however, the minutes will reflect the printed agenda order. 21o OTHER BUSINESS CITY ~L~NAGER'S REPORT(S) - None. 22. MAYOR'S REPORT(S) A. Ratification of appointments: Human Relations Commission, Anthony J. Jemison (to fill a vacancy created by Commissioner Slovinsky, whose second term expired on 6/30/98). Resource Conservation Commission, Steve Castaneda (to fill an unexpired first term created by Commissioner McAlister, who resigl~ed on 2/24/98. MSUC (Horton/Rindone) to ratify the above appointments. B. Border-Free Telecommunications Zone Proposals. Mayor Horton stated that the International Center for communications at San Diego State is promotiI~g a proposal for a border-free trade zone encompassing a major portion of the border region including the metropolitan San Diego/Tijuana region. The proposal is being made to foster the free flow of information between the interdependent economies along the U.S./Mexican border. Both she and Councilmember Salas had the opportunity to visit one of the le~d members supporting this effort al]d thought it would b~ beneficial to bring this to Council for approval to become involved in this effort. Currently, the PUC regulates utilities withir~ California and the FCC regulates the interstate transmission of information within the United States. In Mexico, the SCT regulates the information transmission. Experts in business and academia generally agree that formidable barriers exist to every kind of infor~ation that flows across the border. They also agree that easing regulations on both sides of the border would greatly lead to an improved business climate in the region. The ICC's proposal would ask the FCC, Secretary of Commerce, and the Secretary of State to take steps to establish a telecommunications trade zone on an experimental basis using one of two models: a Free Trade Zone that would be regulation-free, or a Joint Powers Zone that would retain significant regulation by both countries. The concept of the border free trade telecommunications trade zone is rooted in the notion that cities of the future are not cities at all in the usual sense, but r~ther regional economies with strong cities at their core; and that the onset of the information economy makes physical border and boundary lines less important than the geopolitical and the economic ties. With the support of the Council, she would like to send a letter to the FCC, Secretary of Commerce, and the Secretary of State asking that they look into the establishment of a telecommunications trade zone on an experimental basis and to become involved in this effort. Councilmember Salas added that the importance of having a free flow of communication will be beneficial in particular to the San Diego region and also to the community of Chula Vista. She had been working peripherally on this project along with Rudy Fernandez who is the Director of California/Mexico Affairs for the State of California. We understand this is a very important component of the NAFTA agreement, the free trade agreement, which also has as a focus the free flow of information in order to facilitate trans-border commerce. MSUC (salas/Padilla) to support the Mayor's recommendation and to direct staff to send a letter to the FCC in this regard. Minutes September 15, 1998 Page 11 C, Report on Appointment of MTDB Representative for City of Chula Vista. Mayor Horton recommended an unusual appointment which has not been part of the City's normal position. She recommended that the City Council appoint Jerry Rindone as the City's continuing representative on MTDB's Board of Directors for a four year term beginning December 1998 through December 2002, because Mr. Rindone has been our representative since 1991, and he is currently the Chair of the Finance Committee and will be the Vice Chair of MTDB. He has served the Board well and is very knowledgeable when it comes to MTDB issues and he has been doing an excellent job for the City. MS (Horton/Padilla) that Council support Jerry Rindone for the four year term beginning Dece~er 1998 through Dece.~3er 2002. Councilmember Padilia commented that this is an unusual step for the City Council to take. He agreed with the recommendation that it was an important one. occasionally having covered for Mr. Rindone at MTDB and looking at that Board and that organization, it is unique in many ways. Unlike some other regional boards, the rotation of the leadership positions in that body are not automatic. They are by seniority and "paying your dues" and working leadership from within the organization. Currently, we have Mr. Rindone as the Vice Chair of the full body. He sits on the Executive Committee and is Chair of the important Finance Committee. Even if we were to begin with a different delegate to that body, we would lose those leadership positions, and they would be opened up to other cities. It is very prudent that we keep a Chula Vistan in those positions to benefit the City, so he was happy to support the recommendation. Councilmember Moot stated he would assume that Councilmember Rindone wants to continue his service even though he would not be on the Council. He asked if the County had another elected official on MTDB besides Mr. Williams, or is he the sole County representative? Councilmember Rindone stated that Chairman Willjams was a former member of the Board of Supervisors and did serve as the County member. Currently, that position is held by Ron Roberrs representing the County. There are nine cities, the County, and one public member which is Leon Williams who serves as Chair. Councilmember Moot asked if Councilmember Rindone would be a former councilmember that would in any way inhibit the fact that he would be speaking for the City of Chula Vista with the same force and effect? Councilmember Rindone expressed that the members have understood people's representation. He would appreciate the opportunity to continue to represent the City of Chula Vista in all capacities. Mayor Horton wanted to include in the motion something similar to what we do with the Port Commission which is that we receive quarterly reports. Councilmember Salas commented that one of the reasons she wanted to support this is because of the depth of experience that ~Councilmember -Rindone has on the MTDB Board. It is a very important and complex Board. She believed that what we have to be doing is looking towards the future. Even though we have alternates to the MTDB Board, she felt it would be beneficial that the alternate play a more active part on the service to the MTDB Board and maybe accompany Mr. Rindone to a percentage of the meetings so they will gain the knowledge that is required so we will have someone in the position who has that historical background and knowledge that one needs. VOTE ON MOTION: Motion carried unanimously 5-0. 23. COUNCIL COMMENTS - There were none. Minutes September 15, 1998 Page 12 ADJOURNMENT The meeting adjourned at 7:08 p.m. Respectfully submitted,