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HomeMy WebLinkAboutcc min 1998/03/10 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA Tuesday, March 10, 1998 6:05 p.m. Council Chambers Public Services Building CALL TO ORDER 1. ROLL CALL: PRESENT: Councilmembers: Rindone, Salas, Moot, Padilla (arrived at 6:08 p.m.) I and Mayor Horton. ABSENT: Councilmembers: None ALSO PRESENT: City Manager, John D. Kaheny; and City Clerk, GOBS; City Attorney, Beverly A. Authelet John M. 2. PLEDGE OF ALLEGIANCE TO THE FLAG. MOMENT OF SILENCE 3. APPROVAL OF MINUTES: None submitted. 4. SPECIAL ORDERS OF THE DAY: None submitted. CONSENT CALENDAR ( I terns pu lled: 9 I 10, and 11) 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 3/3/98, that there were no reportable actions which are required under the Brown Act to be reported. Per staff's recommendation, it was approved 4-0-1 (Padilla absent) that the letter be received and filed. b. Letter from Chair of the Charter Review Commission regarding Council Referral on Geographic Residency Requirements for Councilmembers. Per staff's recommendation, it was approved 4-0-1 (Padilla absent) that the letter be received and filed. c. Letter from Dr. Barry Russell requesting $250 to help fund the Cultural Arts Classical Music Competition May 16-17. The funds for this activity go to duplicating, judges' fees, and other operational costs. Per staff's recommendation to be consistent with prior Council Action in 1996 and 1997, it was approved 4-0-1 (Padilla absent) that he be granted $200. 6. ORDINANCE 2724 AMENDING CHAPTER 15.48 OF THE MUNICIPAL CODE REGULATING SWIMMING POOL ENCLOSURES (second readinq and adoot10n) I n September 1996, Governor Wilson signed into law AB-3305, The California Swimming Pool Safety Act. The Act mandates local building departments enforce minimum standards for fencing enclosures around pools and spas serving single family dwellings. These new standards apply to all new swimming pools permitted after 1/1/98. Per staff's recommendation, the ordinance was placed on second reading and adoption ]-0-1-1 (Padilla absent; Moot abstaining). (Director of Building and Housing) Councilmember Moot cast an abstention on this item since he wasn't present at the last meeting when the ordinance had its first reading. 7. RESOLUTION 18916 REVISING SALARY BANDS FOR EXECUTIVE MANAGEMENT PERSONNEL It became clear in the recent salary adjustments for executive managers that the salary bands used for those positions are extremely out-of-date and need to be updated. They have not been increased overall since November 1992, when they Minutes March 10, 1998 Page 2 were raised by 2.5%. Since that time, there have only been some minor amendments to specific bands. Raising each of the bands by 5% will allow the new City Manager more flexibility for adjusting department head salaries. The increases suggested apply only to the upper and lower limits of the bands and do not necessarily bear any relationship to actual salaries of positions within each band. Staff recommends approval of the resolution. (City Manager) 8. RESOLUTION 18919 AUTHOR I ZING CERTAIN AMENDMENTS TO THE FINANCING DOCUMENTS AND RELATED ACTIONS WITH RESPECT TO THE $9,490,000 CITY OF CHULA VISTA MULTIFAMILY HOUSING REVENUE BONDS (TERRA NOVA ASSOCIATES PROJECT), 1992 ISSUE A- In 1985, the City Council approved the issuance of a tax-exempt multi-family mortgage revenue bond of $10,115,000 for financing Terra Nova Villas, a 232 unit apartment project at 440 East H Street, a project developed by the general partnership of Terra Nova Associates. As a result, the project received a favorable interest rate mortgage and, in accordance with federal regulations, entered into a regulatory agreement with the City committing 20 percent of the project units (46 units) to affordable low-income tenants. In February 1992, the City issued its $9,490,000 Variable Rate Multifamily Housing Refunding Revenue Bonds 1992 Issue A to refund the 1985 Bonds. The 1992 Bonds are secured in part by a Letter of Credit provided by the Industrial Bank of Japan, Ltd. (IBJ). The IBJ Letter of Credit is now about to expire and the project owner wishes to provide a substitute Letter of Credit from Dresdner Bank AG. Per staff's recommendation, the resolution was approved 4-0-1 (Padilla absent). (Director of Community Development) 9. RESOLUTION 18920 ACCEPTING BIDS AND AWARDING CONTRACT FOR THE CONSTRUCTION OF "THIRD AVENUE SIDEWALK IMPROVEMENTS, FROM "E" STREET TO "G" STREET, IN THE CITY (STM330), AND AUTHORIZING THE CITY MANAGER TO EXECUTE CHANGE ORDERS AS APPROPRIATE TO UTILIZE THE REMAINING CONTINGENCY FUNDS TO REPAIR AREAS OF LESSER PRIORITY THAN THOSE BID - Funding for this project was budgeted during the fiscal year 1997/98 Capital Improvement Program budget process. The project was budgeted to reduce the potential for accidents caused by pedestrians tripping over broken, raised, or missing portions of sidewalks and tree grates in the downtown area. Per staff's recommendation, the resolution was approved 5-0 awarding the contract to Gypsy Queen, Inc., National City, in the amount of $28,950 and authorizing the City Manager to execute a change order. (Director of Public Works) Item pulled by Mayor Horton and Councilmember Salas. Mayor Horton asked if they were going to tear up both sides of the sidewalks along "E" and "G" or will it just be one side. John Lippitt, Director of Public Works, responded that they were going to repair areas where there were cracks and trip hazards. It was not going to be a major tear up of all of the sidewalks. There will be certain areas of the bomanite and around some of the tree wells where there are some problems. Mayor Horton asked how will it look when it is completed. Will it look like a patchwork? Mr. Lippitt responded it will look very similar to the way it looks now. We have done it before, and Roberts Engineering does a good job matching the colored pavement. Councilmember Salas stated the successful bidder, Gypsy Queen, came in at 25% lower on 9 and Roberts Engineering came in at 34% lower. It seemed to her that the bids were extremely low when compared to the Engineer's estimates. On #10, references were received in regards to Roberts Engineering certifying that they were a reputable company and staff felt they could follow through even though their bid was 34% lower. There was no mention of a reference check in regards to Gypsy Queen. Minutes March 10, 1998 Page 3 Mr. Lippitt stated that staff checked the references for Gypsy Queen also. have done work for us before under a different company name, but with the people. Staff thought they did a good job. They same Councilmember Salas stated it was her understanding that when there was a bid, there were provisions where you can do changes, so if there were some unforeseen expenses, a company could be granted some more funds. Have we had other bids in the past that were that low, and could the companies perform within the budget. Mr. Lippitt responded yes, but this is mainly a piece-work job removing and replacing a sidewalk. Councilmember Salas stated that if staff was comfortable that they could perform the job with the bids that they submitted, then she would support resolution. RESOLUTION 18920 OFFERED BY MAYOR HORTON, heading read, text waived, passed and approved 4-0-1 (Padilla absent). 10. RESOLUTION 18921 ACCEPTING BIDS AND AWARDING CONTRACT FOR "STORM DRAIN REHABILITATION - INDUSTRIAL BOULEVARD, WEST OF MARSAT COURT. NORTH OF DOROTHY STREET IN THE CITY (DR-126)" - On 2/18/98, sealed bids were received for "Storm Drain Rehabilitation. II The work to be done consists of removal of existing plugs in the 36 inch reinforced concrete pipe storm drain in Industrial Boulevard. The work includes excavation and grading, saw cutting, asphalt concrete pavement, shoring, installation of polyvinyl chloride pipe slip lining system and traffic control. Per staff's recommendation, the resolution was approved 5-0 awarding the contract to Roberts Engineering Contractors, Escondido, in the amount of $34,600. (Director of Public Works) - Councilmember Salas pulled the item. See the discussion under Item 9. RESOLUTION 18921 OFFERED BY COUNCILMEMBER SALAS, heading read, text waived, passed and approved 5-0. 11. RESOLUTION 18922 ACCEPTING THE DONATION OF TRAVEL EXPENSES TO ATTEND THE CALIFORNIA NATURAL GAS TRANSIT OPERATIONS FORUM IN PALM SPRINGS, CALIFORNIA, MARCH 18-19, 1998 - SDG&E will be participating in a meeting co-sponsored by Sunline Transit, Deere Power Systems, Cummins Engine Corp., and Cal ifornia' s other investor-owned gas utilities. This conference will focus on an up~to-the minute briefing about natural gas usage for transit purposes. The participating agencies are inviting a number of carefully chosen transit agencles from throughout California to participate in the forum. They have extended an invitation for Chula Vista Transit representatives to attend, with travel expenses being covered by the utility. Per staff's recommendation, the resolution was approved 5-0 accepting the donation of travel and experlses and authorize the appropriate designees to attend the California Natural Gas Transit Operations Forum. (Deputy City Manager). Item pulled by Mayor Horton. Mayor Horton stated that representatives either from the representative to MTDB, attend. it was staff's recommendation that we send the Council and/or staff. Since Jerry Rlrldone was she asked if Councilmember Rindone would like to Councilmember Rindone responded he would, but due to work conflicts, he would not be able to attend. However, it would be appropriate to send his alternate or the Mayor. The alternate to MTDB, Councilmember Padilla, indicated he would not be able to attend. Mayor Horton asked what staff member would be available to attend this. Mr. Lippitt responded that it will be Bill Gustafson who will attend. Minutes March 10, 1998 Page 4 RESOLUTION 18922 OFFERED BY MAYOR HORTON, heading read, text waived, passed and approved unanimously 5-0. * * * END OF CONSENT CALENDAR * * * * * * Councilmember Padilla arrived at 6:08 p.m. * * * ORAL COMMUNICATIONS There were none. PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 12. PUBLIC HEARING PCM-98-24; AMENDMENTS TO THE SALT CREEK RANCH (NOW KNOWN AS ROLLING HILLS RANCH) SECTIONAL PLANNING AREA (SPA) PLAN TO ALLOW CERTAIN ENCROACHMENTS INTO SIDEYARD SETBACKS IN THE SF1, SF2, AND SF3 SINGLE FAMILY LAND USE DISTRICTS - PACIFIC BAY HOMES - The applicant proposes to amend the Sectional Planning Area (SPA) plan for the project formerly known as Salt Creek Ranch and now identified as Rolling Hills Ranch. The proposed amendments would allow certain setback encroachments which would accommodate trellis structures over driveways, where the driveways lead to garages located in the rear of the lot for the SFl, SF2, and SF3 single family detached land use districts. Staff recommends Council place the ordinance on first reading. (Director of Planning) ORDINANCE 2725 APPROVING AMENDMENTS TO THE SALT CREEK RANCH SECTIONAL PLANNING AREA (SPA) PLAN CONSISTING OF MODIFICATIONS TO THE PLANNED COMMUNITY DISTRICT REGULATIONS REGARDING CERTAIN SIDEYARD SETBACK ENCROACHMENTS (first readinq) 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. ORDINANCE 2725 WAS OFFERED AND PLACED ON FIRST READING BY COUNCILMEMBER MOOT, heading read, text waived, passed and approved unanimously 5-0. BOARD AND COMMISSION RECOMMENDATIONS None submitted. ACTION ITEMS None submitted. ITEMS PULLED FROM THE CONSENT CALENDAR Items 9, la, and 11 were pulled; however, the minutes reflect the original publication order. OTHER BUSINESS 13. CITY MANAGER'S REPORT(S) . Mr. Goss stated that last week the question was raised as to whether Council would be keeping the regular March schedule where you would meet on the fourth Tuesday and have the fifth Tuesday without a meeting; or whether Council wanted to swap the meeting on the 24th to the 31st. There was also a question as to when the Easter break would be. It used to be the week before Easter, but based upon the policy change made last year, it was changed to the week after Easter. His question was, does Council want to meet on the 24th or 31st and whether Council still planned to have the week after Easter off. Mayor Horton stated she had a conflict on the 31st. Her husband was going to try to see if that could be changed. He will not know for another week or so. If Minutes March 10, 1998 Page 5 that happens, she would be willing to change. who will be present. Otherwise, we have four members Mr. Goss stated that one of the items that they will be bringing forth is the acquisition of property for the park area in the Otay River Valley. The close of escrow is the 31st. We need to have some Council authorization prior to that, so we will need to put it on either March 17 or March 24. councilmember Rindone requested that we do the park area on the 17th. He would be available on the 31st. We could make that decision next week. Mr. Goss asked if there was any other reaction on the Easter break. It would mean that Council would be meeting on April 7 but not on April 14. Consensus of Council was to have April 14th off. 14. MAYOR'S REPORT(SI . Ratification of appointment to the Cultural Arts Commission - Thomas J. Erhardt (to fill vacancy created by Commissioner Scott, whose term expires June 30, 1998). MSUC (Horton/Padilla) to ratify filling the vacancy on the Cultural Arts Commission with Thomas J. Erhardt. . Announced that on March 21 the City's Community Appearance Program will be focusing on the area of Woodlawn Hills and Broderick Acres neighborhoods. They are looking for volunteers to help clean up that area. . Requested that under her comments for March 17 that the following be added: Reconsidering Council's Direction on the Gross Receipts Tax, and Reconsidering the Composition of the BECA Board. 15. COUNCIL COMMENTS . Councilmember Moot stated that a week ago, he attended the Hispanic Chamber of Commerce installation dinner. Marco Polo Cortez, a Chula Vista resident, was installed as president of that Chamber. He thought it might be nice to do something to honor him. He also noticed that many of the cities gave a Resolution of congratulations to Enrique Moranes for the job he did for the two years of service. Chula Vista was not on that list, so he thought that under Special Orders of the Day, we could invite both of them to our Council meeting, give a Resolution to Enrique and congratulate Marco Polo Cortez at the sallie tune. Council directed Mr. Buelna to contact them to find a convenient date for this. . Councilmember Rindone had a couple of inquiries regarding the CUP for the movie theater in Rancho del Rey. There seems to be some concern from some of the residents that the input was not inclusive. He requested informat~on be prov~ded by memo to explain the process and the basis for the recommendation to the Council and members of the EDC. . Councilmember Padilla stated he has had a number of contacts from various business organizations. It was becoming apparent that what began as a simple commentary during a Council discussion with the staff that we should begin examining all the potential revenue streams and mechanisms for gaining revenue including gross receipts. It has been demonstrated that there is potential adverse effect on businesses seeking to come to Chula Vista when we are considering to move to a tax formula of that kind. The response has been stronger than he had anticipated; he originally supported examining this, but he would not have a problem in discontinuing any consideration of this item. . Councilmember Salas stated that she attended a recent Chamber meeting. them that one of the jobs that the Chamber was responsible for, and She does told Minutes March 10, 1998 Page 6 very effectively, was to make the City Council aware of business issues that were detrimental or beneficial to business. She welcomed the discussion. She truly does see the disadvantages of the gross receipts tax. She does support bringing the item back, although she wasn't sure whether it was necessary. . Councilmember Salas wanted to mention that Chula Vista was the home of a .Japanese School. There were over 500 students that attend the school. She wanted the community to be aware that Mr. Takahashi, who is the principal, has been called back to Japan, so he will be leaving the school. They will have their graduation ceremony on March 21. At that time, we will be presenting Mr. Takahashi and Mr. Nakatani, Vice President of Sanyo, who was also returning to Japan, with a Proclamation expressing our appreciation of the school being here in Chula Vista and all the benefits it brings to the community. She will be attending their commencement to present the proclamation. . COlJncilmember Salas stated that several weeks ago, we had scheduled a special meeting so we could consider the Civil Service appointments. Since then, a person that was being considered for an appointment, called her and asked when were we going to bring that up. She wanted to see if there were any dates available that we could meet to consider the appointment. Counci lmember Rindone stated he was speaking with suggested that if we meet on the 31st that we start a interviews and combine them so that we can do that. their secretary, and half hour early and do He supported that. she the Mayor Horton stated that we will continue this discussion to next week. ADJOURNMENT The meeting adjourned at 6:30 p.m. Res~ctfu~lY ~ub~ted'n _ "-- !{;"~ Beverly Authelet, CMC/AAE City Clerk