HomeMy WebLinkAboutcc min 1997/03/18MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF CHULA VISTA
Tuesday, March 18, 1997
6:03 p.m.
Council Chambers
Public Services Building
CALL TO ORDER
1. ROLL CALL:
PRESENT:
Councihnembers John S. Moot, Jerry R. Rindone, Mary Salas, and Mayor Shirley A.
Hotton.
ABSENT:
Councilmember Stephen C. Padilia
ALSO PRESENT: John Goss, City Manager: John M. Kaheny, City Attorney; Beverly A. Authelet, City
Clerk: and Patricia Schwenke. Deputy City Clerk.
MSC (Rindone/Salas) to excuse Councihnember Padilla's absence, upproved 4-0-1 with Padilia absent.
2. PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE
3. APPROVAL OF MINUTES: March 1, 1997 (Special Meeting/Worksession), March 10, 1997 (Special
Meeting), and March 11, 1997 (Regular Meeting).
MSC (Rindone/Horton) to apprnve the minutes uf March 1, 1997, March 10, 1997, and March I 1, 1997,
approved 4-0-1 with Padilia absent.
Councilmember Rindone requested the minutes also reflect late arrivals and early departures under Roll Call.
MSC (Rindone/Salas) to note late arrivals and early depurtures under Roll Call and in the body uf the
minutes, approved 4-0-1 with Padilia absent.
4. SPECIAL ORDERS OF THE DAY:
a. Oath of Office: Planning Commission - M. Kevin O'Neil; and Town Centre Project Area Committee - Tom
Money and Linda R. Navarro. The Oath of Office was administered to M. Kevin O'Neil and Linda R. Navarro
by City Clerk Beverly A. Authelet, and Certificates ot Appointment were presented by Ct~uncilmember Salas. Tom
Money was not present.
b. Presentation regarding Utility Restructuring by Steve Sachs, SANDAG. Mr. Sachs explained that legislation
recently passed, AB 1890, partially deregulates electricity in California. The restructuring program of the electric
industry will assist public agencies to evaluate and make decisions to purchase electric power. The electricity prices
in California are currently 50 percent higher than the national average. One of the key provisions of AB 1890 is
that it freezes rates at the 7/96 level. Starting in 7/98, there is a 10 percent reduction fi~r consumers built into the
process. In the future, consumers can aggregate their loads and purchase directly from power producers to help
save money.
John Goss, City Manager, commented that during the goals workshop, he recommended that electric restructuring
be one of the City's top priorities. When it comes to pooling. this can bc done thrt}ugh multiple cities, public
agencies in the area, or through private enterprises such as Rohr.
Minutes
March 18, 1997
Page 2
Councihnember Rindone suggested that staff also Iotlk at purchasing pooling power fi~r residential use.
CONSENT CALENDAR
(Items pnlled: None)
THE CONSENT CALENDAR WAS OFFERED BY MAYOR HORTON, INCLUDING AMENDING ITEM
NO. 7 TO APPROPRIATE $10,000, reading of the text was waived, titles read, passed, and approved 4-0-1
with Padilia absent.
5. WRITTEN COMMUNICATIONS:
a. Letter from the City Attorney stating that to the best nf his knowledge from observance of actions taken
in the Closed Session on 3/11/97 in which the City Attorney participated, that there were no reportable actions
which are required under the Brown Act tn be repnrfed. It is recommended that the letter be received and filed.
6.A. ORDINANCE 2700 ADOPTING THE RESTATED AND AMENDED PRE-ANNEXATION
DEVELOPMENT AGREEMENT WITH SNMB, LTD. (secnnd reading and adol~tion) - The purpose of this
item is to present five restated pre-annexation development agreements for properties on Otay Ranch. These are
all agreements that the Planning Commission and Council previously adopted but which expired due to a provision
of the prior agreements stating that they all became null and void if the annexation did not occur by 1/I/97. The
annexation is still pending. Staff recommends Council place the ordinances on second reading and adoption.
(Deputy City Manager and Director t)]' Planning) Cm~tinued from the meeting of 3/11/97.
B. ORDINANCE 2701 ADOPTING THE RESTATED AND AMENDED PRE-ANNEXATION
DEVELOPMENT AGREEMENT WITH JEWELS OF CHARITY (secnnd reading and adoption)
C. ORDINANCE 2702 ADOPTING THE RESTATED AND AMENDED PRE-ANNEXATION
DEVELOPMENT AGREEMENT WITH STEPHEN AND MARY BIRCH FOUNDATION (second reading
and adoOrion)
D. ORDINANCE 2703 ADOPTING THE RESTATED AND AMENDED PRE-ANNEXATION
DEVELOPMENT AGREEMENT WITH GREGORY T. SMITH AND GEORGIANA R. SMITH (second
reading and adootion)
E. ORDINANCE 2704 ADOPTING THE RESTATED AND AMENDED PRE-ANNEXATION
DEVELOPMENT AGREEMENT WITH UNITED ENTERPRISES (second readinll and adoption)
7. RESOLUTION 18600 AMENDING THE BUDGET TO INCLUDE CONTRACT LABOR
NEGOTIATIONS SERVICES AND APPROPRIATING $10,000 FROM THE UNAPPROPRIATED
BALANCE OF THE GENERAL FUND RESERVE -In the last ten years, the formal meet and confer process,
as provided for by the Meyers-Milias-Brown Act, has been impacted by Unions use of Attorneys or Labor Law
experts as their Chief Negotiators. Issues raised by both Labor and Management have become increasingly more
complex and the negotiating sessions and related backgronnd work are becoming more and more time-consuming.
As a result, Council is being asked to approve funds lbr the purpose of contracting with a Labor Relations Expert
to serve as Management's Chief Negotiator with the Chula Vista Police Officer's Association. Staff recommends
apprnval of the resolution. (City Manager) 4/Sth's vote required.
Minutes
March 18, 1997
Page 3
John Goss, City Manager, indicated the appropriated amount fi>r Resolution 18600 should be annended tn reflect
$10,000.
8. RESOLUTION 18601 CONCEPTUALLY APPROVING THE MARKETING OF CITY PROPERTIES
FOR USE BY TELECOMMUNICATIONS COMPANIES - As cellular and Personal Communication Services
(PCS) companies look to expand their infrastructure and provide more reliable coverage, there is a need to place
additional antennas and other fhcilities throughout their service areas. In the interest of facilitating these actions and
making effective use of available city properties, staff has been working with a nmnber of communications
companies on potential licenses/conditional use permits to use City-owned properties. Prior to negotiation of any
such licenses (each of which wonld then come back tbr Council approval), staff is seeking Council's general
direction to proceed. Staff recommends apprnval nf the resolution. (Director of Planning and Principal
Management Assistant Young)
9.A. RESOLUTION 18602 APPROVING CHANGE ORDER NUMBER 4 FOR THE "IMPROVEMENT
OF ASSESSMENT DISTRICT NUMBER 90-2 (OTAY VALLEY ROAD, PHASES II AND III) IN THE CITY
(ST-123)" PROJECT, AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO EXECUTE IT ON
BEHALF OF THE CITY - On 6/7/97, Council awarded a contract in the amount of $2,374,136.70 to Signs and
Pinnick, Inc. tbr the construction of the Otay Valley Road Phases II and Ill Widening Project. The prqject was
financed via the formation of Assessment District Nnmber 90-2. The approval of Change Order Number 4 will
eliminate three contract bid items tbr environment mitigation tbr a new contract reduction ot' $166,990. Staff'
recommends approval of the resolutions. (Director of Public Works) (C097-024)
B. RESOLUTION 18603 WAIVING BIDDING PROCESS AND AUTHORIZING THE CITY MANAGER
TO ENTER INTO A CONTRACT WITH PACIFIC SOUTHWEST BIOLOGICAL SERVICES FOR A
COWBIRD TRAPPING PROGRAM (C097-022)
* * * END ()F CtJNSENT CALENDAR * * *
ORAL COMMUNICATIONS
· Michael Miller, 49 Third Avenue, Chula Vista, President of the Chula Vista Police Officer's Association
(CVPOA), stated the CVPOA was disappointed to hear news of the possible closure of thc "L" Street Boys and
Girls Club due to financial problems. The CVPOA recognizes the valuable services provided by the Boys and Girls
Club and on behalf of the CVPOA, he presented a check to hclp keep the Club open.
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
10. PUBLIC HEARING CONSIDERING AMENDMENTS TO THE MUNICIPAL CODE AND THE
MASTER FEE SCHEDULE TO PROVIDE FOR A PERMANENT, LOCAL PROCESS FOR
DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY FOR ALCOHOLIC BEVERAGE
LICENSING AND A DEPOSIT TO COVER TItE COST OF PROCESSING SUCH APPLICATIONS - In
August 1995, Council approved a resolution providing the Police Chief with the authority, on a temporary basis,
to make determinations of public convenience or necessity tm certain illcoholic beverage licenses as required by State
law. This proposal provides ~r the permanent processing ~ll such requests. Staff rccomn~ends Council place the
ordinance on first reading and approve the resolntion. (Director of Planning)
Minutes
March 18.19q7
Page 4
A. ORDINANCE 2705 CREATING AND ADDING CHAPTER 5.09 TO THE MUNICIPAL CODE FOR
THE PURPOSE OF PROVIDING A PERMANENT PROCESS FOR DETERMINATION OF PUBLIC
CONVENIENCE OR NECESSITY FOR CERTAIN ALCOHOLIC BEVERAGE LICENSES (first readimp)
B. RESOLUTION 18604 AMENDING THE MASTER FEE SCHEDULE TO ESTABLISH A DEPOSIT
FOR PROCESSING OF REQUESTS FOR DETERMINATION OF PUBLIC CONVENIENCE OR
NECESSITY FOR CERTAIN ALCOHOLIC BEVERAGE LICENSES
ORDINANCE 2705 (FIRST READING) AND RESOLUTION 18604 OFFERED BY COUNCILMEMBER
RINDONE, reading of the text was waived, titles read, passed, and approved 4-0-1 with Padilia absent.
BOARD AND COMMISSION RECOMMENDATIONS
None submitted.
ACTION ITEMS
l I.A. RESOLUTION 18605 APPROVING A 1.16 ACRE LAND DONATION FOR AN EIGHTEEN (18)
UNIT AFFORDABLE HOUSING PROJECT PROPOSED TO BE DEVELOPED AS TROLLEY TERRACE
TOWNHOMES AND THE AMENDED AND RESTATED CONVEYANCE AGREEMENT AND ESCROW
INSTRUCTIONS WITH SOUTH BAY COMMUNITY SERVICES WITH RESPECT TO 1.16 ACRES OF
REAL PROPERTY LOCATED AT 746 AND 750 ADA STREET - On 5/21/96, Council approved the
Conveyance Agreement and Escrow Instructions with South Bay Community Services (SBCS) to develop an 18 unit
affordable housing complex and commit $509,311 from the HOME Program funds to be loaned tbr such
development. SBCS returned tl~ the City to request additional public funding in order to augment the
competitiveness of its Tax Credit Allocation Committee application which is due by the end of March 1997. Staff
recommends approval of the resolutions. (Director of Comnmnity Development) (C097-023)
B. RESOLUTION 18606 APPROVING A FIVE HUNDRED TWENTY-THREE THOUSAND NINE
HUNDRED SIXTY-FIVE DOLLARS ($523,965) COMMITMENT FROM THE HOME PROGRAM FOR
THE DEVELOPMENT OF AN EIGHTEEN (18) UNIT AFFORDABLE HOUSING RENTAL PROJECT AT
746 AND 750 ADA STREET
Juan Arroyo, Housing Coordinator, stated this item was previm~sly approved by Conncil on 5/21/96; however, the
item returned to Council due to the expiration of previous agreements and the need to financially enhance this
project by an additional $14,654. Two months ago, Conncil approved a similar request for development of the
Cordova Village located on the east side of Chula Vista; this proposed Trolley Terrace Townhomes project will be
located on the west side of Chula Vista. Both developments are similar beearise they will go through the State tax
credit financing process which require they meet rigid development and management standards.
· Ken Sauder, 314 Fourth Avenue, Chula Vista, Community Development Director for South Bay Community
Services, explained the project's design and site plan. The project will consist of 18 units (14 three-bedroom units
and 4 two-bedroom units) and will be affordable to families based on 40 percent of the area's median income. Some
of the unique features of this project is it is a limited equity co-op, and it will have a childcare facility providing
tk~r 80 to 100 children.
· Mitch Thompson, Bank of America Community Development Bank, 5110 Glenverde Drive, Bonita, explained
the financing aspect of the project.
M inures
March 18, 1997
Page 5
Mayor Horton noted that the staff report indicated this project will cost an additional $10,500 per unit because it
is a tax credit project. She asked why the amount was excessive. She expressed concern that the City is trying m
provide affordable housing and through the government process, an additinnal $10,000 is added to each unit because
of this being a tax credit project.
Mr. Thompson answered there are peculiarities that ,go along with an affordable housing project that are not seen
in other developments. He didn't see a major dil'terence m the affordable housing tax credit projects between the
private sector and the non-profit sector. Tax credit projects are fundamentally more complicated because there are
multiple funding sources, and local fees and land fees also add to the cost.
Councilmember Moot asked how would the profits be determined and allocated.
Mr. Sauder answered the general contractor will make a profit calculated at approximately 10 percent~ and the
developer's fee is approximately 3 or 4 percent of the total development costs. South Bay Community Services will
defer a portion of the developer's fee until after the project is built.
Mayor Horton asked what type of funding was available to build the childcare facility liar this project.
Chris Salomone, Director of Community Development, replied there currently is no funding available. Staff felt
this will be a good childcare facility because of its location adjacent to the trolley station. Some non-profit
organizations have also expressed interest in the facility. Staff' has been meeting with the County Childcare
Coordinator to try and develop funding sources and apply fi~r grants.
Mayor Hortnn asked how is "affordable childcare" defined.
Mr. Arroyo defined "affordable childcare" as based tin a certain percentage of the family's income.
Councilmember Moot noted that a significant portion of the cost per unit is the local permitting fees. He asked if
these types of projects qualify fi~r a reduction in the local permitting fees.
Mr. Arroyo indicated this project does not qualit}, fi~r any unique or special types of reductions, as it is up to the
local jurisdiction.
RESOLUTIONS 18605 AND 18606 OFFERED BY COUNCILMEMBER MOOT, reading of the text was
waived, and titles read.
· Cynthia Santamaria, 774-B Dorothy Street, Chula Vista, spoke in favor ol' the Trolley Terrace Townhomes
project.
· Herb Hersen, 755 Anna Street, Chula Vista (Bill Ayers spoke im Mr. Hersen's behalf), asked if the City will
receive tax revenue from this project.
Mr. Arroyo replied the City will receive taxes h~r this prt~jcct because it ~s privately owned.
VOTE: Passed and approved 4-0-1 with Padilia absent.
ITEMS PULLED FROM THE CONSENT CALENDAR
None.
Minutes
March 18, 1997
Page 6
OTHER BUSINESS
12. CITY MANAGER'S REPORT(S)
a. Scheduling of meetings.
· John Goss. City Manager. announced that a representative of the City's lobbying firm ',viII be available to meet
with Council on 3/25/97 fi'om 4:00 p.m. until 6:00 p.m. Senator Deddeh will attend the Council meeting on
3/25/97 to present a quarterly report. It any Cimncilmembers wanted to meet with Senator Deddeh, he suggested
they contact Colleen Kelly to set tip an appointment.
· Mr. G{iss suggested ha~ing a workshop meeting on 4/10/97 regarding Third Avenue, and a workshop meeting
on 4/29/97 with the Growth Management Oversight Commission regarding its 1996 Annual Report. He also
suggested setting up budget workshops during May and requested Cnuncil advise him if they would be available
to possibly meet on a Saturday. He indicated he would pruvide Council with a list of possible workshop dates.
· Mr. Goss advised that Circus Vargas is currently in National City but is schednled to set up at Southwestern
College nn 3/26/97. In the past, Circus Vargas obtained conditional use permits as required by the ordinance;
however, last year they did not obtain the permit. Also. this year Circus Vargas did not obtain the permit and stated
they had not received notice from the City of the requirement. He noted that Circus Vargas has an agreement with
Southwestem College to use the campus, anti money earned from the circus will go to the college's scholarship
fund.
13. MAYOR'S REPORT(S)
Mayor Horton advised Council the application period fi~r the second seat on the Planning Commission expired and
no new applications were received. On 3/27/97, after the worksession meeting, Council will consider the second
appointment to the Planning Commission.
a. Ratification of appointments: Cultural Arts Commission - Patricia B. Kelly (to fill vacancy created by
Commissioner Cernitz whose term expires 6/30/98); Econmnic Development Commission - Richard A. Reynolds
(tn fill vacancy created by Commissioner Martija whose term expires 6/30/98) and Nate Rubin (to fill vacancy
created by Commissioner Read wh.se term expires 6/30/07): and Human Relations Commission - Jeffrey Scott (to
fill vacancy created by Commissioner Morton whose term expires 6/30/97).
MSC (Hnrton/Rindune) tu appoint Patricia B. Kelly tu the Cultural Arts Commission, Richard A. Reynolds
and Nate Rubin to the Economic Development Commission, and Jeffrey Scott to the Human Relations
Commissiun.
14. COUNCIl., COMMENTS
Councilmember Mnot. C{mncilmember Moot asked when Council would receive the draft report on the City's goals
and objectives.
Mr. Goss responded that staff was currently working on the report and will provide it to Council in a timely
manner.
Minutes
March 8, 1997
Page 7
Councilmember Salas. Councilmember Salas stated the delegation froin lrapuato extended their appreciation ibr
the hospitality shown by the City of Chula Vista. The delegates were also pleased with initial discussions regarding
future economic development activities between Chula Vista and lrapuato.
Councilmember Rindone. Councilmember Rindone stated it had been three months since Council received a tickler
report, and he requested an update.
Councilmember Rindone also congratulated Penny Allen on her appointment to the California Coastal Commission.
ADJOURNMENT
The meeting adjourned at 7:19 p.tn. to a closed session.
by:
Resp~cttidly submitted,
BEVERLY A. AUTHELET, CMC/AAE
Patricia Schwcnke, Deputy City Clerk