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HomeMy WebLinkAboutcc min 1997/05/06MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA Tuesday, May 6, 1997 4:00 p.m. 1. ROLL CALL: PRESENT: ALSO PRESENT: Council Chambers Public Services Building CALL TO ORDER Councilmembers Moot (arrived at 4:01 p.m.), Padilia, Rindone (arrived at 4:33 p.m.), Salas, and Mayor Horton. City Manager, John D. Goss; 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: MSC (Padilla/Salas) to approve the minutes of April 22, 1997. Approved 3-0-2 with Moot and Rindone absent. 4. SPECIAL ORDERS OF THE DAY: a. Oath of Office: The oath of office was administered by Beverly A. Authetet, City Clerk, to: Barbara McAllister, Charter Review Commission. b. Proclamation proclaiming the week of May I through May 7, 1997 as "Youth Week" was presented by Mayor Horton to Bob Torok, Exalted Ruler of the Chula Vista Elks Lodge No. 2011, and Garry Hununel, Youth Activities Chairman. c. Proclamation proclaiming the month of May as "EIder Abuse Month" was presented by Mayor Horton to Daniel Laver, Adult Protective Services. d. Proclamation proclaiming the month of May as "Older Americans Month" was presented by Mayor Horton to Ignacio Valdovinos, Chair of the Commission on Aging. CONSENT CALENDAR (Items pulled: 7, 12, and 13) BALANCE OF CONSENT CALENDAR OFFERED BY MAYOR HORTON, readinll of the text was waived, titles read, and approved 4-0-1 (Rindone absent). 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 4/22/97 in which the City Attorney participated, that there were no reportable actions which are required under the Brown Act to be reported. It is recommended that the letter be received and filed. Minutes May 6, 1997 Page 2 b. Letter from Rod Davis, Executive Director, Chamber of Commerce, requesting support in making this year's Harbor Days a two-day event and requesting attendance to make it a success. It is recommended that Council approve a two-day event, reqnire the Chamber to hire private security tier evening hours, and that the City provide in-kind Police services in the amount of an additional $5,000. c. Resignation frown the Housing Advisory Commission - Barbara A. Worth. 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. 6. ORDINANCE 2707 AMENDING THE ZONING MAP OR MAPS ESTABLISHED BY SECTION 19.18.010 OF THE MUNICIPAL CODE REZONING .93 ACRES LOCATED AT THE SOUTHEAST QUADRANT OF 1-5 AND "H" STREET TO C-C (second reading and adoption) - This is a request for General Plan Amendment/Rezone and Specific Plan in order to change allowable land uses for a project site located at 720 and 730 "H" Street. Due to concerns of adjacent mobilehome park residents and to maintain previous guidelines aimed at enhancing the City's gateway, staff further recommends adoption of a Specific Plan to place restrictions on land uses allowed under the proposed C-C zone. Staff recommends Council place the ordinance on second reading and adoption. (Director of Planning) 7. RESOLUTION 18649 APPROPRIATING $30,000 OF UNANTICIPATED ANIMAL CONTROL FEE REVENUE FOR CONSTRUCTION OF A CATTERY AND PURCHASE OF CAGES AT THE ANIMAL SHELTER - The Animal Shelter is in need of repairs. Staff is recommending $30,000 be appropriated from unanticipated Animal Control Fee Revenues to RD205 Animal Shelter Capital Improvement Project. These funds will be used to build a cattery and repairs at the Shelter. Staff recommends approval of the resolution. (Chief of Police) 4/Sth's vote required. Councilmember Salas stated this needed to be considered in conjunction with Item 13 when we are looking at the long-range option of the animal shelter. She had raised the issue in March of exploring the possibility of contracting services with the County. Council still has not received an answer as to the cost effectiveness of that. Before a decision can be made on whether or not we are going to invest another $30,000 in a temporary shelter, we have to look at the full pictnre. Dan Wolfe, Police Captain, stated that information from the County was lacking information. They issued a figure of approximately $470,000 for the service. However, it did not describe what the service was going to be such as: did it include the other cities and did it include using our employees, etc. Staff has been trying to get in touch with the County officials for that inlbrmation, but they have not returned any of our calls. Councilmember Salas stated she met with the Director Hector Cazares, and he stated that it was hard for him to get the information he needed fi'om the City. He has tried to look at the City records and the City budget which he has not yet received. She also had toured the County facility. They are fully computerized, their trucks to transport the animals are "state of the art". We need to look at this more from the point what kind of capital expenditure its going to take for us to try to build that kind of facility, not just what the staffing cost will be. Also, she had not received clear information as to what kinds of revenue have we received from other cities. If this is a money loser. why are we contracting tu other cities'? Mr. Goss responded that one of the reasons that the City started contracting out was basically to spread its overhead and share the costs in terms of its operations and at the same time add additional staff to provide more flexibility in terms of our field operations. At the filne, there was no weekend operation of the Shelter, so that enabled the City to enlarge its staffing. What is needed is to identify what those precise revenues and costs are. In fairness to staff who have been trying to analyze this, they did not have the County report until the aBemoon befbre the Agenda Packet went out. They did not feel they had enough time to analyze this, and therefore. desired the Minutes May 6, 1997 Page 3 additional time. The reason they came back with the $30,000 proposal for the cattery was what staff felt was a clear direction from Council that we needed to proceed with these improvements within 30 days. Councilmember Salas stated that she did not feel the direction was to take care of the immediate problem within 30 days, the direction was to give ns a complete report within that time so the Council could make a good and informed decision on what to do. Mayor Horton clarified that she made the comment that she l~lt we could start building the cattery within 30 days. Her group is ready to move furward, and they could get started right away. The plans are now are in the hands of Paul Nieto from EastLake Corporation who is going to take the lead on coordinating this eftbrt with the different builders and suppliers in our community. She fr~lt we could build the cartcry with donated labor, funds, and materials. And we will not have to get to this point of appropriating funds for this use. However, bei'i~re they proceed, they are waiting to hear the report fi'om the County. Councilman Rindone commented that Council would like to know the bottom line, not only the cost of this City but with the contracts to the other cities. He remembered those items coming be/bre the Council and that it was going to bring additional revenue to the City. If that is not true, then Council needs to be apprised about this. Councilmember Rindone further stated that he had a very irate constituent share with him an incident which occurred last week at the Animal Shelter where a puppy was found by a resident of Chula Vista. That individual searched the neighborhood to find the owner because the puppy was on a leash. He finally took the puppy to the Animal Shelter. Because the puppy was found at Montgomery High School which was not in the city limits of Chula Vista but was turned in by a resident, it was not accepted. The constituent felt this was very inhumane. He felt we needed to look at how we deal with our own residents who are trying to be helpful. He asked staff to review what our policies are on accepting animals. Also, if we decide to have two facilities instead of one, then we should look at a cooperative agreement with the County so that residents can take animals to the nearest shelter. MSUC (SALAS/HORTON) to contiuue discussing the item when the report on Item 13 comes forward. 8. RESOLUTION 18650 TRANSFERRING UNCLAIMED MONIES IN THE AMOUNT OF $50,000 FROM THE CASH BOND DEPOSIT FUND TO THE GENERAL FUND -The City has unclaimed monies in the amount of $50,000 in the Cash Bond Deposit Fund. Government Code provisions specify that money which has remained onclaimed for three years may become property of the City alier certain advertising requirements are made. This money is now eligible for transfer to the General Fund. Staff recommends approval of the resolution. (Chief of Police) 9. RESOLUTION 18651 APPROVING THE DONATION OF A 1995 4-DOOR DODGE SHADOW SEDAN TO THE SENIOR VOLUNTEER PATROL PROGRAM FROM COX COMMUNICATIONS, INC. - The donated vehicle will replace another vehicle currently being utilized that is in need of replacement do to mechanical problems. Staff recommends approval of the resolution. (Chief of Police) 10.A. RESOLUTION 18652 APPROVING CLOSURE OF THIRD AVENUE FROM "E" TO "G" STREETS FOR THE THIRD AVENUE LEMON FESTIVAL ON JUNE 1, 1997, WAIVING SIDEWALK SALES ORDINANCE, AND WAIVING BUSINESS LICENSE TAXES FOR DOWNTOWN BUSINESS ASSOCIATION AND VENDORS PARTICIPATING IN EVENT - The Downtown Business Association requests the closure of Third Avenue tbr two 1997 promotional events. The first event is the Third Avenue Lemon Festival scheduled for Sunday, 6/1/97. The second event is the 35th annual Starlight Yule parade scheduled for Saturday, 12/6/97. Staff recommends approval of the resolutions. (Director of Community Development) Minutes May 6, 1997 Page 4 B. RESOLUTION 18653 APPROVING THE CLOSURE OF THIRD AVENUE BETWEEN "D" AND 'T' STREETS, "H" STREET BETWEEN SECOND AND FOURTH AVENUES AND PORTIONS OF INTERSECTING STREETS ON SATURDAY, DECEMBER 6, 1997 FOR THE 35TH ANNUAL STARLIGHT YULE PARADE 11. RESOLUTION 18654 APPROVING AN AGREEMENT FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDING IN THE AMOUNT OF $25,000 WITH THE CHULA VISTA CLUSTER COORDINATING COUNCIL AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT - The Chula Vista Cluster Coordinating Council requested CDBG funding for the restoration of the County Insectary building located at 511 "G" Street in Chula Vista. This restoration project will restore a significant agricultural historical building for multi-purpose educational use by the community while maintaining its historical agricultural use by the Cottnty of San Diego Department of Agriculture Weights and Measures. The requested $25,000 in CDBG funds will be used for the initial planning and design review phase of the project. Staff recommends approval of the resolution. (Director of Community Development) 12. RESOLUTION 18655 AUTHORIZING THE MAYOR TO EXECUTE A COMMERCIAL INDUSTRIAL INCENTIVE AGREEMENT WITH SDG&E FOR THE IMPLEMENTATION OF A COMPREHENSIVE ENERGY RETROFIT PROGRAM, PHASE llI; APPROPRIATING FUNDS FROM THE LEASE/PURCHASE AGREEMENT IN THE AMOUNT OF $306,000 FROM LEASE PROCEEDS AND $22,114 FOR SDG&E INCENTIVE PAYMENTS FOR A TOTAL PROJECT COST OF $328,114; AND WAIVING PUBLIC WORKS BIDDING REQUIREMENTS - This is Phase lII of the City's Energy Retrofit Program, which will include retrofitting six major facilities with higher energy-efficient heating, ventilation and air conditioning (H.V.A.C) equipment. Staff recommends approval of the resolution. (Director of Public Works) 4/5th's vote required. Councilmember Salas stated she had a problem waiving the bidding requirement. The report stated that the reason for waiving the bid requirements is that it will take too much time to go through the process and that there is a deadline on receiving the incentive payments from SDG&E. She limit that the project was probably anticipated in advance of it being placed on the agenda. She questioned why items came to Council in such a last minute fashion that there cannot be an open bid process. Rick Matkin, Construction Supervisor, responded that the reason was that they were trying to make sure it was an approved prqject before they went ahead and developed the specifications, because it takes about seven weeks to develop specifications for a prn. ject. Councilmember Salas t~lt it is important that we try to bring these things tierward in a timely manner so that there is an opportunity liar the bid process. She also read in the report that SDG&E does have a bidding process, and while it is not the same as Chula Vista's, it is very competitive and they have prequalified people for the contracts. RESOLUTION 18655 OFFERED BY COUNCILMEMBER SALAS, reading of text was waived, heading read, passed and approved 4-0-1 (Rindone absent). 13. REPORT THIRTY DAY STATUS REPORT ON THE ANIMAL SHELTER - Staff recommends that the update for long-range planning on the animal shelter be delayed approximately two weeks. (Chief of Police) (See Item No. 7 for discussion). * * * END OF CONSENT CALENDAR * * * Minutes May 6, 1997 Page 5 ORAL COMMUNICATIONS Mr. Virgis presented the City Council with certificates recognizing their valuable community service during Southwestern College's award-winning production of "Tommy." PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 14. PUBLIC HEARING PCA 97-03; CONSIDERING AMENDMENT TO SECTIONS 19.64.150 AND 19.64.155 OF THE MUNICIPAL CODE TO ALLOW FOR RECONSTRUCTION OF NONCONFORMING RESIDENTIAL UNITS - CITY INITIATED - Council recently received written and oral comments from residents wishing to secure financing of residential properties which are classified] as nonconforming based on zoning and/or density and therefore have reconstruction limits if parfially or completely destroyed. This is to amend the Municipal Code in order to eliminate damage percentage restrictions related to reconstruction of these nonconforming residential units. These provisions would not apply to properties zoned Industrial. Staff recotmnends Council place the ordinance on first reading. (Director of Planning) ORDINANCE 2708 AMENDING SECTIONS 19.64.150 AND 19.64,155 OF THE MUNICIPAL CODE TO ELIMINATE DAMAGE PERCENTAGE RESTRICTIONS RELATED TO RECONSTRUCTION OF NONCONFORMING RESIDENTIAL UNITS WITHIN THE CITY (first reading) This being the time and place as advertised, the public hearing was declared open. There being no public testimony, the public hearing was declared closed. ORDINANCE 2708 PLACED ON FIRST READING BY MAYOR HORTON, reading of the text was waived, title read, passed and approved 4-0-1 (Rindone absent). BOARD AND COMMISSION RECOMMENDATIONS None submitted. ACTION ITEMS 15. RESOLUTION 18656 AUTHORIZING THE DIRECTOR OF FINANCE TO EXECUTE A LEASE- PURCHASE PLAN FOR THE PURCHASE OF (1) A PUBLIC SAFETY COMPUTER AIDED DISPATCH AND MOBILE DATA TERl%IINAL SYSTEM, (2) AN 800 MHZ COI~!MUNICATION SYSTEM, AND (3) MISCELLANEOUS HEATING AND AIR CONDITIONING EQUIPMENT - Approval is requested for a lease- purchase financing agreement with CaLease Public Funding Corporation for the purchase of a public safety computer aided dispatch and mobile data terminal system from Unisys Corporation, an 800 MHz communication system from Motorola, Inc., and miscellaneous heating and air couditioning equipment ti3r the retrofit program partially sponsored by San Diego Gas and Electric Company. Staff reconunends approval of the resolution. (Deputy City Manager Krempl and Director of Finance) Robert Powell, Finance Director, stated that he had locked tip an interest rate of 6.39 percent as long as this is approved tonight. Councilmember Moot asked if sufficient money had been set aside for the CAD program, so in the first three years, we will not have a net increase in the general fund expenditures of the $318,000 because we have conceptually set it aside already'? Minntes May 6, 1997 Page 6 Mr. Powell responded that there will be no general filnd impact ffum any one of these prqjects, other than the inkind staff support fitr the project. The funding sources listed are fi'om various special Iilnds. What we are trying to do is spreading out the timding sonrces so we will be able m fund other projects as they come tip. If we try to thnd these projects over a shorter timeframe. we would use more money from the special fiinds upfront, and thereby preclnde other projects. RESOLUTION 18656 OFFERED BY COUNCILMEMBER PADILLA. * * * Councilman Rindone arrived at 4:33 p.m. * * * Conncilmember Rindone stated the assessment of the proposed loan fi~r these three items was actual interest costs in excess of $1.1 Inillion to the City over the life of the term. If we did not lease/purchase the equipment, we would be saving $1.1 million forr the City. Are there any other viable alternatives that we could finance internally so we could save these filnds over this period of time. Mr. Powell, stated that with this amount of money involved, if we chose to do all three prqjects and do them on a current basis, the only fund that would have this much money available would be the sewer funds. Under the Council's policy, we wonld not be able to loan those funds from the sewer fund tbr these prqjects and repay them. The interest rate would be the City's investment pool rate tinless the Council chose to approve a higher or lower rate. If it was the investment pool rate, at the current time it would be approximately 5.7 percent. Councihnember Rindone stated that was approximately .7 tenths of one percent less than what was being proposed. Wonld this not be more frngal in the thct that it would not only be nearly .7 tenths of one percent cheaper, but also the interest would ultimately be retained by the taxpayers because it will be a contribution which will help us in the future from raising the sewer rates or even be able to reduce them. Mr. Powell replied that it would save the City overall in the interest costs, but it would not benefit the sewer fund because that cash would earn that interest whether it sat there and earned interest or whether it received the interest ti-om the loan. He questioned whether the sewer fitnd could do without the $3.5 million/br the next 8-10 years. Staff has not looked into this. Councihnember Rindone asked if this could be delayed a week or at least trailed to give staff time to look at this. Mr. Puwell stated that the only problem is that the interest rate of 6.39 percent is locked in through tonight. He doubted if he could get that extended. Since interest rates have risen over the last month, he doubted if CaLease would extend this interest rate. Councilmember Padilia stated he remembered what his opinion was regarding the policy of borrowing from the sewer fund in the past, which has not changed even for items which he would very much like to see come to fruition such as these particular large capital investments. Mayor Horton stated she would have a hard time delaying this item, and she did not libel comfortable borrowing this large of a sum from the sewer fund tbr that long period of time. Councilmember Rindone asked if the RCT funds are not expended for this project, then what are some examples of other kinds of prqjects that funds could be expended fi/r in the future. Gerald Young replied that the use of RCT tilnds is quite flexible fi/r capital purposes in the City. The projects which are included in the CIP are: Eastern Aquatic Center YMCA complex, portions of the city-wide records management program, a voice permit system which is a part of the city's permit tracking system. and a drainage project. They have also been used on other equipment, fire station, park, and general miscellaneous City CIP projects. Minntes May 6, 1997 Page 7 Councilmember Rindone stated he was not happy because staff did not look at any internal options which might be cheaper. He would reluctantly support this because these are projects which we have indicated we are going to provide ti3r both short and long term benefit to the City. But he stated clearly that in the future if there are needs ti3r other borrowing or loans, he would like to have internal options as thoroughly examined as external options because then we will not be in this dilemma wondering if that was the best decision. Councilmember Salas asked if it would be possible for us to approve this tonight and have the Finance Director sign the documents which he needs to sign so that the interest rate could be locked in, and then an analysis can be done of alternative internal funding sources and to bring this back in the next week or two. Also, would we have the ability to stop the process with CaLease. John Kaheny, City Attorney, stated that he could not answer the question without taking a look at all of the documents. It would be highly irregular, however. Councihnan Moot stated that there was something to be said tbr consistency. Over two years ago, Council basically, alier debating the merits, of doing internal borrowing and analyzing that you could save substantial amounts of money if you borrowed internally and didn't pay yourself interest. Council set a policy decision that clearly discouraged interest tree internal borrowing. It did not snrprise him that staff did not look into internal borrowing options because from those debates, it was made clear that any borrowing that the City did against a fund, the fund would have to be paid back at interest. That fund is cnrrently earning interest at or above what we are borrowing this money for. It is prudent to move forward with this; the interest rate we are being offered is exceptionally low and t~lt it would be wise to take advantage of that low interest rate while it is available to us. Councihnember Padilia asked Mr. Rindone if he agreed in moving forward, or if he still wanted to trail the itein. Councilmember Rindone stated he respected staffus concern, and if they felt they would not want to make an analysis of the size of the availability of the funds, he would respect that. The only point is that while Council frowned about internal borrowing that was without booking the loans. What he was setting forth now is that if in the thture we have any significant needs or issues like this that staff examine internal options. He fi~lt these projects do n~d to move ti~rward. RESOLUTION 18656 (PREVIOUSLY OFFERED BY PADILLA), title read, text waived, passed and approved 5-0. 16.A. RESOLUTION 18657 APPROVING THE BOUNDARY MAP SHOWING THE PROPOSED BOUNDARIES FOR ASSESSMENT DISTRICT 96-01 OF PROPERTIES TO BE ASSESSED FOR ALLEY IMPROVEMENTS - As a preliminary step in the assessment district proceedings it is necessary to request that Council pass resolutions approving th~ proposed map boundary, ordering the installation of the improvements and setting public hearings on the resolution of intention to ti>rm the assessment district. Staff recommends that Council approve the resolutions and set the public hearings liar 7/15/97 and 7/22/97 at 6:00 p.m. (Director of Public Works) B. RESOLUTION 18658 ORDERING INSTALLATION OF IMPROVEMENTS ON TWIN OAKS AVENUE BETWEEN NAPLES STREET AND EMERSON STREET, ORDER1NG THE SUPERINTENDENT OF STREETS TO GIVE NOTICE AND ORDER CONSTRUCTION AND SETTING PUBLIC HEARINGS ON RESOLUTION OF INTENTION TO FORM ASSESSMENT DISTRICT 96-01 PURSUANT TO THE BLOCK ACT OF 1911 Cliff Swanson, City Engineer, apprised the Conncil that staff was having discussions with the property owners at 235 Naples and 1101 Twin Oaks to include their properties along with their assessments. Also, since 239 Naples Street includes a deferral of improvements, the City would call that deferral in, and we could do the improvements on Naples all the way around. Staff suggests continuing the negotiations with the property owners to include the properties in the District. Minutes May 6, 1997 Page 8 Mr. Goss called Council's attention that one of the hearings was schednled to fall during Cnuncil's recess. Councilman Rindone snggested that because of the way the calendar tell this year, to take the first two Tuesdays of July (Jnly I and July 8) for a recess instead of the last week of June and the first week of July. Mayor Horton snggested taking off one week in July and then take off a week aronnd Labor Day in September. Rindone stated that there may be a Charter issue which needed to be brought to Council on the a~justment of the two days for Council recess: July 8 and September 2. MAYOR HORTON OFFERED RESOLUTIONS 18657 AND 18658, headings read, text waived, passed and approved 5-0. 17. RESOLUTION 18659 APPROPRIATING FUNDS FROM THE TRAFFIC SIGNAL FUND TO REIMBURSE DEVELOPER FOR COSTS INVOLVED WITH TRAFFIC SIGNAL RELOCATION AT 397 "E" STREET - The owner of the property at the northeast comer of Fourth Avenue and "E" Street, plans to build a dental hcility. As part of this development, he is required to widen both streets to meet current standards mandated in the City's Circulation Element of the General Plan. Part of that widening includes the relocation of the existing traffic signal standard on the corner. Staff is requesting that Council anthorize the reimbursement to the property owner tbr the cost uf this relocation out of the Traffic Signal Fund. Staff recommends approval of the resolution. (Director of Public Works) 4/5th's vote required. Councihnan Rindone abstained and left the dias because the prqject was in prnximity to his home. RESOLUTION 18659 OFFERED BY MAYOR HORTON, title read, text waived, passed and approved 4-0-0- 1 (Rindone abstaining). ITEMS PULLED FROM TIlE CONSENT CALENDAR (Itenrs 7, 12, and 13. Minntes reflect published order) OTHER BUSINESS 18. CITY MANAGER'S REPORT(S) a. Scheduling of meetings. He had met with the two school superintendents, and staff will be in touch with Council to try to identify some potential dates for a joint meeting. It looked like the best prospect for this Fiscal Year would be in the month of Jtme, probably on a Thursday. b. Presentation of ClP budget. City Manager Goss presented the 1997/1998 CIP budget. Discussion of the budget will be done during one of the budget workshops. 19. MAYOR'S REPORT(S) - there were none. 20. COUNCIL COMMENTS Councilmember Padilla requested that on next week's agenda under Special Orders that a Proclamation be presented to Bonita Vista High School congratulating them on receiving the Sweepstakes Award. Minutes May 6, 1997 Page 9 Councilmember Moot stated that he would be in Rancho Cucamonga next Tuesday, and therelbre, would not be at the Council meeting. The meeting a~ioumed at 5:58 p.m. ADJOURNMENT Respectfidly submitted, · Authelet, CMC/AAE City Clerk