HomeMy WebLinkAboutcc min 1997/02/25MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF CHULA VISTA
Tuesday, February 25, 1997
6:02 p.m.
Council Chambers
Public Services Building
CALL TO ORDER
1. ROLL CALL:
PRESENT:
ABSENT:
ALSO PRESENT:
Councihnembers John S. Moot, Stephen C. Padilia, Mary Salas, and Mayor Shirley A.
Horton.
Jerry R. Rindone
Sid Morris, Assistant City Manager; Jnhn M. Kaheny, City Attorney; Patricia Schwenke,
Deputy City Clerk; and Carla Griffin, Administrative Secretary.
MSC (Padilla/Hortun) to excuse Rindnne's absence, approved 4-0-1 with Rindone absent.
2. PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE
3. APPROVAL OF MINUTES: February 13, 1997 (Special Mceting/Worksession) and February 18. 1997
(Regular Meeting).
MSC (Horton/Moot) to approve the minutes of February 13, 1997, approved 3-0-1-1 with Rindone absent and
Padilia abstaining.
MSC (Horton/Moot) to approve the minutes of February 18, 1997, approved 3-0-1-1 with Rindone absent and
Salas abstaining.
4. SPECIAL ORDERS OF THE DAY: None.
CONSENT CALENDAR
(Items pulled: None)
THE CONSENT CALENDAR OFFERED BY MAYOR HORTON, reading of the text was waived, titles read,
passed, and approved 4-0-1 with Rindone absent, with Councihnember Moot abstaining from w~ting on item
Nos. 6, 9, and 13 due to a conflict of interest because his company represents the McMillin Company.
5. WRITTEN COMMUNICATIONS:
a. Letter from the City Attorney stating that the City Council did not meet in Closed Session on 2/18/97.
It is reconkmended that the letter be received and filed.
b. Petition frnm residents requesting access to Otay Elemeutary School, Montgomery Elementary School
and the new Library on Fourth Avenue be improved. It is recommended that this item be rct~rred to staff' to
work with the Chula Vista Elementary School District and the area residents and retnrn w'ith a report.
Minntes
Febrnary 25, 1997
Page 2
6. ORDINANCE 2698 APPROVING AMENDMENTS TO THE RANCHO DEL REY SPA III PLANNED
COMMUNITY DISTRICT REGULATIONS (second readinl! and adoption) - Consideration of applications filed
by Rancho del Rey Investors, L.P. for 28.8 acres located un the south side of East "J" Street between Paseo
Ranchero and Vaquero Court within the Rancho del Rey SPA llI Planned Cmnmunity. An appeal of the Design
Review Committee's decision to deny the site plan and architectural proposal of a 246 unit condominium complex
to be located on the Tentative Subdivision Map site has also been filed. Staff rccommends Council place the
ordinance on second reading and adt~ption. (Director of Planning)
7. ORDINANCE 2699 AMENDING SECTION 1.34.050 OF CIIAPTER 1.34 (CLAIMS REQUIREMENT
AND PROCEDURES) AND SECTIONS 2.05.010 (UNCLASSIF1ED POSITIONS ESTABLISHED) AND
2.05.020 (CRIMINAL CONDUCT - INELIGIBILITY FOR EMPLOYMENT) OF CHAPTER 2.05
(PERSONNEL AND CIVIL SERVICE REGULATIONS) OF THE MUNICIPAL CODE TO CHANGE THE
TITLE OF THE "DIRECTOR OF PERSONNEL" TO "DIRECTOR OF HUMAN RESOURCES" AND TO
CHANGE THE TITLE OF THE "ASSISTANT DIRECTOR OF PERSONNEL" TO "ASSISTANT
DIRECTOR OF HUMAN RESOURCES" (first readinll) - During one of the budget workshops fbr fiscal year
1996/97, Council directed the change in the title of the Personnel Department to "Human Resources Department."
This necessitates a change in titles tier the Director and Assistant Director. Staff recommends Council place the
ordinance on first reading. (Director of Personnel)
8. RESOLUTION 18581 SUPPORTING APPLICATION FOR GRANT MONIES TOTALING $100,000
FROM THE DEPARTMENT OF CALIFORNIA ALCOHOLIC BEVERAGE CONTROL (ABC) TO
ADDRESS ALCOHOL-RELATED QUALITY OF LIFE ISSUES AND IMPROVE ABC ENFORCEMENT -
These fonds are available from the Department of Alcoholic Beverage Control to improve police response to
disorderly ABC licenses. These funds are available li~r a period of one year and will be used to cover the expense
of a full-time assigned patrol officer. overtime, training, travel and related equipment. The grant application must
be submitted no later than 3/7/97. Staff recommends approval of the resolution. (Chief of Police)
9.A. RESOLUTION 18582 AMENDING THE 1996/97 FISCAL BUDGET TO FUND THE LANDSCAPE
MAINTENANCE OF THE OPEN SPACE AREA IN RANCHO DEL REY SPA llI (RDR) IN THE OPEN
SPACE MAINTENANCE DISTRICT NUMBER 20: AND APPROPRIATING $32,060 TO 570-5700 (5251-
5362) - McMillin Community, Inc. has olllzred to reimburse the City tier maintenance costs when the City assumes
the responsibility of maintenance t~r the Open Space land in RDR SPA 111 fi~r 3/1/97 through 6/30/97. Following
this period of time, the property owners will be included in the assessment process and all costs will be borne by
the District. Requests for bids to provide landscape maintenance f~,~r Open Space District 20 were received on
1/7/97. The plants, trees, grass and irrigation systems are in good condition and the Department is prepared to
assume the landscape maintenance responsibility nf the District. Staff reconunends approval of the resolutions.
(Director of Parks. Recreation and Open Space) 4/Sth's vote required.
B. RESOLUTION 18583 ACCEPTING BIDS AND AWARDING LANDSCAPE MAINTENANCE
CONTRACT FOR RANCHO DEL REY, SPA III OPEN SPACE 1N DISTRICT NUMBER 20 (C097-009)
10. RESOLUTION 18584 APPROV1NG THE SUBMITTAL TO SANDAG OF TWO APPLICATIONS FOR
THE FISCAL YEAR 1997/98 2% NON-MOTORIZED TRANSPORTATION DEVELOPMENT ACT (TDA)
AND TRANSPORTATION SALES TAX (TRANSNET) FUNDS - The City annually submits an updated list of
pro. jects tier inclusion in the seven-year implementation program of the non-motorized element of the Regional
Transportation Improvement Program. SANDAG regulations require that official applications be submitted to
Minutes
February 25, 1997
Page 3
SANDAG in order tbr projects to be considered by its Board of Directors tier tUnding. Staff recommends approval
of the resolution. (Director of Public Works)
11. RESOLUTION 18585 AUTHORIZING THE EXPENDITURE OF FUNDS TO INSTALL A TRAFFIC
SIGNAL AT THE BONITA VISTA HIGH SCHOOL EAST "H" STREET ENTRANCE IN EXCHANGE FOR
RIGHT-OF-WAY DEDICATION FOR THE CONSTRUCTION OF THE OTAY LAKES ROAD DUAL LEFT
TURN LANES PROJECT (STM-322) - The fiscal year 1996/96 Capital Improvement Program budget contains
a project to provide dual left turn lanes on Otay Lakes Road (north and south bound approaches) at East "H" Street
and provide an additional through lane in each direction. To construct the project, is necessary to obtain right-of-
way from both the Sweetwater Union High School District and Southwestern College. Negotiations with both
agencies are underway and a tentative agreement has been reached with the Sweetwater District. Staff recommends
approval of the resolution. (Director of Public Works)
12.A. RESOLUTION 18586 WAIVING CONSULTANT SELECTION PROCESS AND APPROVING
AGREEMENT WITH DWIGHT WORDEN, ESQ. FOR LEGAL SERVICES CONCERNING THE METRO
SEWER SYSTEM - Chula Vista has retained the legal services of Dwight Worden to assist in dealing with the City
of San Diego and other Metro participating agencies in developing a system and agreement to operate and pay liar
the Metro Sewer System. There are still significant issues to be resolved and agreements to be completed. The
City has also retained the engineering firm of Dudek and Associates tt~ advise in engineering matters relating to
Metro Sewer issues. Staff recommends approval of the resolutions. (Director of Public Works) (C097-010)
B. RESOLUTION 18587 WAIVING CONSULTANT SELECTION PROCESS AND APPROVING
AGREEMENT WITH DUDEK AND ASSOCIATES FOR ENGINEERING SERVICES CONCERNING THE
METRO SEWER SYSTEM (C097-011)
13.A. RESOLUTION 18588 APPROVING FINAL MAP OF TRACT 96-05 RANCHO DEL REY SPA III,
PHASE 1, UNIT 1, ACCEPTING ON BEHALF OF THE PUBLIC THE PUBLIC STREETS DEDICATED
ON SAID MAP, ACCEPTING THE EASEMENTS GRANTED ON SAID MAP WITHIN SAID
SUBDIVISION, AND APPROVING SUBDIVISION IMPROVEMENT AGREEMENT FOR THE
COMPLETION OF IMPROVEMENTS REQUIRED BY SAID SUBDIVISION, AND AUTHORIZING THE
MAYOR TO EXECUTE SAID AGREEMENT - On 7/16/96~ Council appr~ved the Tentative Subdivision Map
for Tract 96-05, Rancho del Rey SPA llI, Parcel R-7. On that map unit boundaries were delineated. Staff
recommends approval of the resolutions. fDirector of Public Works) (C097-012)
B. RESOLUTION 18589 APPROVING SUPPLEMENTAL SUBDIVISION IMPROVEMENT
AGREEMENT FOR TRACT 96-05, RANCHO DEL REY, SPA III, PHASE 1, UNIT 1 (C097-013)
C. RESOLUTION 18590 APPROVING FINAL MAP OF TRACT 96-05 RANCHO DEL REY SPA Ill,
PHASE 1, UNIT 2, ACCEPTING ON BEHALF OF THE PUBLIC THE PUBLIC STREETS DEDICATED
ON SAID MAP, ACCEPTING THE EASEMENTS GRANTED ON SAID MAP WITHIN SAID
SUBDIVISION, AND APPROVING SUBDIVISION IMPROVEMENT AGREEMENT FOR THE
COMPLETION OF IMPROVEMENTS REQUIRED BY SAID SUBDIVISION, AND AUTHORIZING THE
MAYOR TO EXECUTE SAID AGREEMENT (C097-012A)
Minutes
February 25.1997
Page 4
D. RESOLUTION 18591 APPROVING SUPPLEMENTAL SUBDIVISION IMPROVEMENT
AGREEMENT FOR TRACT 96-05, RANCHO DEL REY, SPA III, PHASE 1, UNIT 2 (C097-013)
* * * END (IF CONSENT CALENDAR * * *
ORAL COMMUNICATIONS
· Peter Watry, 81 Second Avenue. Chula Vista. CA, stated the Good Government Group was recently formed to
foster good government among local government. He commended Chula Vista tbr having an open bid underwriting
process lbr contracts.
· Carlos Fernandez, 2547 Faivre Street, Chula Vista, CA, spoke of a cmnplaint regarding CMI Trucking
Company, which he previously brought to Council 's attention on 2/11/97 and 2/18/97 during Oral Communications.
He requested to meet with a Cotmcihnember to discuss this matter fi~rther.
· People in support of keeping the "L" Street Boys and Girls Club open. They indicated the facility is vital to the
community and requested the City's assistance to find funding to keep the facility open.
Kim Arellanes, 222 "H" Street. Chula Vista, CA.
Frank Pearson, 2141 New Haven Drive. Chula Vista, CA.
Jewel Hayes. 1067 Fourth Avenue #3. Chnla Vista. CA.
Linda DeSantis, 880 Fifth Avenue, Chula Vista, CA.
Alice Johnson, 555 Naples Street #304. Chula Vista, CA.
Bonnie Daniels, Post Office Box 1312, Bonita. CA. a teacher lbr the Chnla Vista Elementary School District.
Michael Hartin. 422 "L" Street, Chtfia Vista, CA (10 years old).
Kellen Kidd 773 Cedar Avenue, Chula Vista, CA, I0 years old.
Patrick Kidd, 773 Cedar Avenue, Chula Vista, CA.
Barbara Roche (address not given).
Lonnie Brookins Jr. (address not given).
Peggie Osteen, 531 Wykes Street, Chula Vista, CA.
Felicia Baumgart, 1067 Fourth Avenue, Chula Vista, CA. 8 years old.
Marianne Greene. Post Office Box 632974, San Diego, CA.
Mayor Horton stated she received several ph~lne calls regarding this matter. She requested staff return with a report
to Conncil on 3/I 1/97 on how the City can help. She stated there seems to be a tremendous shortfall in this year's
budget and even if through fundraising ellbrts we were able to meet the Boys and Girls Club needs this year, she
is concerned about future years.
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
14. PUBLIC HEARING ADOPTING OTAY RANCH PRE-ANNEXATION DEVELOPMENT
AGREEMENTS WITH VILLAGE DEVELOPMENT AND BALDWIN BUILDERS - On 6/25/96, the Planning
Commission met jointly with Council to consider and approve pre-annexation development agreements with the
major property owners of Otay Ranch. When the development agreements were originally approved it was
anticipated that the Otay Ranch annexation wonld be finalized by the end of 1996. The development agreements
contained 12/31/96 expiration dates if the annexation was not complete by that time. While the reorganization was
ordered by Council on 12/17/96, a Local Agency Formation Commission annexation condition was not met, the
Minutes
February 25, 1997
Page 5
annexation was not completed, and the agreements have expired. Staff reconunends Council place the ordinances
on first reading. (Deputy City Manager Krempl and Special Planning Projects Manager, Otay Ranch) Continued
from the meeting of 2/18/97.
A. ORDINANCE 2695 ADOPTING THE RESTATED AND AMENDED PRE-ANNEXATION
DEVELOPMENT AGREEMENT WITH OTAY RANCH, L.P., A CALIFORNIA LIMITED PARTNERSHIP
(first readint,)
B. ORDINANCE 2696 ADOPTING THE AMENDED AND RESTATED PRE-ANNEXATION
DEVELOPMENT AGREEMENT WITH BALDWIN BU1LDERS (iirst reading)
George Krempl, Deputy City Manager, stated with regard to Ordinance 2695, Otay Ranch L.P. is current with their
payments to the City. He stated Village Development is now known as Marlin Development, a California general
partnership. He conm~ented on a letter dated 2/1/97 from Village Development (Marlin) indicating they would like
to have 35 acres removed from the pre-annexation development agreement. There are two parcels of land which
involve a subordination issue constituting less than I percent of the property affected by this development agreement.
Staff looked at the terms and conditions of the development agreement and its supporting documents and do not
believe any of the provisions would be affected by deleting this acreage. Staff prepared an errata sheet which
simply removes Village Development and the 35 acres as a party to the development agreement, and the
development agreement will then be between the City of Chula Vista and Otay Ranch L.P. for the remaining 3,545
acres.
This being the time and place, the public hearing was declared open.
* Kim Kilkenny, 11975 E1 Camino Real, San Diego, CA, representing Village Development (Marlin), stated they
support staffs reconunendation. With the adoptinn of this development agreement and the other development
agreements on the agenda, hopefully this will be the last step to annexation. The development agreement has a
provision within SPA I that their lenders subordinate to the development agreement which they received t~om Bank
of America. A small parcel in SPA I amounting to 18 acres which has an encumbrance by SNMB was later
discovered. He felt it was impractical to get a subordination ti'om SNMB and when they examined the parcel, ~t
was apparent the subordination really didn't matter because the 18 acres represents only a small piece of property.
Councilmember Moot asked what was the purpose and tianction of the subordination agreements, what were they
designed to do, and what is the impact of not having the subordination agreements in the future.
Ann Moore, Assistant City Attorney, advised that the subordination agreement is the instrument where a lienholder
states their lien is lower in priority than some other lien ur interest. In this case, staff was concerned if there was
a foreclosure, the development agreement may be questioned. In order to prevent any question or problem from
arising, staff requested the lienholder subordinate to the development agreement so if there was a foreclosure, the
development agreement would be superior to their lien, it would survive a foreclosure. Marlin Development would
like to be removed from the development agreement; it means Marlin would not have the vested rights that would
be provided to the developer under the development agreement and would not have the obligations. Since there are
no public facilities, backbone infrastructure, or parks on this site, it does not appear to be a problem.
Mr. Kilkenny stated the lienholder is SNMB. Bank of America, the lender on the bulk of SPA 1, has subordinated
their interest so if they took the property through foreclosure, they would also have that obligation. An owner of
only 18 acres in SPA I wotdd not want tu be obliged to do the backbone infrastructure t~3r all of SPA I when they
only have a collateral interest in 18 acres.
Minutes
February 25, 1997
Page 6
Mr. Krempl stated there is a tentative map already approved on that acreage so they would have to meet the
conditions necessary li~r infrastructure to serve development on thnse acres through supplemental improvement
agreements, posting of bonds, and the normal types of conditions that would be applied to any other tentative map.
Councilmember Moot asked if development was completed on the 35 acres and foreclosure was commenced, would
the City lose the right to enforce the terms of the tentative map.
Ms. Moore replied she didn't believe so. The tentative map is an approval that runs with the land, and if the
developer wanted to come in and obtain a final map lbr those 35 acres, they would have to comply with the
conditions of the tentative map.
Mr. Kilkenny t~lt the City is more than adequately protected. The property loses the vesting rights that go along
with the development agreement; the City loses nothing becanse it has all the other provisions of the development
agreement guaranteed by the signators to the development agreement and guaranteed through the subordination by
their primary lender, Bank of America. What the 18 acres lose is the vesting that a development agreement would
grant.
· Bill Brasher, 16592 Hale Avenue, lrvine, CA, representing Baldwin Builders, gave an update regarding Baldwin
Builders. He indicated they are seeking loan approval tbr Telegraph Canyon and if approved, they will request a
shortened order of the court regarding the bankruptcy which will enable them to continue work on the Crossings
in St. Claire.
There being no thrther speakers, the public hearing was declared closed.
ORDINANCE 2695, AS AMENDED TO REMOVE VILLAGE DEVELOPMENT (MARLIN
DEVELOPMENT) FROM THE PRE-ANNEXATION DEVELOPMENT AGREEMENT, AND ORDINANCE
2696 OFFERED BY COUNCILMEMBER PADILLA, reading of the text was waived, titles read, passed, and
approved 4-0-1 with Rindone absent.
15. PUBLIC HEARING ADOPTING AMENDED AND RESTATED OTAY RANCH PRE-ANNEXATION
AGREEMENTS - The purpose of this item is to present live 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 <ff the prior agreements stating that they all became null and void if the
annexation did not occur by 1/1/97. The annexation is still pending. Staff' recommends Conncil place the
ordinances on first reading. (Deputy City Manager and Director of Planning)
A. ORDINANCE 2700 ADOPTING THE RESTATED AND AMENDED PRE-ANNEXATION
DEVELOPMENT AGREEMENT WITH SNMB, LTD. (first readinl!)
B. ORDINANCE 2701 ADOPTING THE RESTATED AND AMENDED PRE-ANNEXATION
DEVELOPMENT AGREEMENT WITH JEWELS OF CHARITY (first reading)
C. ORDINANCE 2702 ADOPTING THE RESTATED AND AMENDED PRE-ANNEXATION
DEVELOPMENT AGREEMENT WITH STEPHEN AND MARY BIRCH FOUNDATION (first reading)
D. ORDINANCE 2703 ADOPTING THE RESTATED AND AMENDED PRE-ANNEXATION
DEVELOPMENT AGREEMENT WITH GREGORY T. SMITH AND GEORGIANA R. SMITH (first
reading)
Minutes
February 25, 1997
Page 7
E. ORDINANCE 2704 ADOPTING THE RESTATED AND AMENDED PRE-ANNEXATION
DEVELOPMENT AGREEMENT WITH UNITED ENTERPRISES (first reading)
George Krempl, Deputy City Manager, presented the staff report.
This being the time and place as advertised, the public hearing was declared open.
· Donald Worley, 101 West Broadway, Suite 1300. San Diego, CA, representing SNMB LId., Jewels of Charity,
and the Stephen and Mary Birch Foundation. He spnke in support of stafl~s recommendation and the first
ordinances adopting the agreements. They have been in support of annexation provided they have the protections
of a development agreement. With the first reading of the ordinance adopting these agreements, they will be legally
obligated to support and consent to annexation.
There being no further speakers, the public hearing was declared closed.
Mayor Horton referred to the best permitted land uses in density and asked if the density was a sum certain or
range.
Mr. Krempl replied it is the approvals contained in the general development plan. With the general development
plan, there are a certain number of dwelling units approved liar the property and there are development units
approved with various parcels of property. To the extent the general development plan is modified or amended,
the amended plan would be vested to the same degree. The number would be set in perpetuity unless it is amended,
and the City would have the right to amend it in the fixture, subject to an application by the developer.
Councilmember Moot asked if the City could still amend its own general plan without an application from the
developer and without violating development agreement.
Ann Moore, Assistant City Attorney, advised the development agreement will give the developer a vested right to
develop the project in accordance with the general development plan currently in existence, so they have vested right
to a number of dwelling units as provided in the general development plan. The City cannot amend the general
development plan without the approval of the developer; although the City still has discretion to approve subsequent
plans like the SPA plan and tentative maps.
Councilmember Moot asked what was the purpose and function of the subordination agreement not being provided
until after the first reading and betBre the second reading.
Ms. Moore replied that the development agreement is not going to be valid until the annexation proceedings arc
completed. The annexation proceedings cannot be completed until the subordination agreements are accepted by
the County, so it all ties together.
Councilmember Moot asked if there was a signed subordination agreement ~lust waiting to be tendered.
· Cynthia Eldred, 401 "B" Street, San Diego, CA, representing United Enterprises, replied it was her
understanding that United Enterprises intended to deliver a signed and notarized subordination agreement prior to
3/4/97. It was also her understanding that the terms and conditions of the subordination agreement have been
agreed to and the only act they were waiting ~ri~r is City Council's approval of the first reading.
ORDINANCES 2700, 2701, 2702, 2703, AND 2704 OFFERED BY MAYOR HORTON, reading of the text
was waived, titles read, passed, and approved 4-0-1 with Rindone absent.
Minutes
February 25, 1997
Page 8
16. PUBLIC HEARING MODIFICATION OF CERTAIN CITY FEES FOR DEVELOPMENT OF A
WATER THEME PARK IN THE OTAY RIO BUSINESS PARK - On 7/23/96, Council approved an agreement
with Hice Enterprises, Inc. t~>r the development of a water theme park on Phase II property of the Otay Rio
Business Park. Staff recommends approval of the resolution. (Director of Community Development)
RESOLUTION 18592 AUTHORIZING THE MODIFICATION OF CERTAIN CITY PERMIT AND
DEVELOPMENT IMPACT FEES FOR THE WHITE WATER CANYON WATER THEME PARK
This being the time and placed as advertised, the public hearing was declared open. There being no speakers, the
public hearing was declared closed.
Councilmember Moot asked why was this one of the only projects subject to the Chula Vista development impact
fee and San Diego facility benefits assessment fee.
Chris Satomone, Director of Community Development, stated it was his understanding this property is located a
notch south of Otay Valley and through a negotiated process was annexed into the City of Chula Vista. In the
annexation agreement, it was agreed the facilities benefits assessment would remain on that industrial park parcel
in nrder to pay fi~r infrastructure needs which were calculated on the acreage l-br Otay Mesa development.
Councilmember Moot asked if it were true the City of San Diego would not negotiate a lowering of the San Diego
facilities benefits assessment fees for the water park.
Mr. Salomone replied the City of San Diego allowed Cht, la Vista to use an industrial criteria for this facility, as
well as tier the amphitheater, which staff felt was a concession on their part as these could have been assessed at
a commercial rate. There are defined capital improvements in the circulation plan and the money collected is mainly
used li>r roads and infrastructure fi~r future development fi~r Otay Mesa.
Councilmember Moot stated one of the things he hoped would occur is to have a south access off the water
park/amphitheater site. He asked if any of the assessment fees would be used to improve the road.
John Lippitt, Director of Public Works, explained that Otay Valley Road is in the City of San Diego's facilities
benefits assessment program and scheduled to be improved. The last modification San Diego made to their plan
actually moved the schedule back tbr that road, probably knowing that most of the facility north of the portion of
Chula Vista was improved. He stated that staff could request to get that done if Council desired.
Councilmember Moot stated the request could be made by a letter from the Mayor on behalf of the Council.
RESOLUTION 18592 OFFERED BY MAYOR HORTON, reading of the text was waived, title read, passed,
and approved 4-0-1 with Rindone absent.
BOARD AND COMMISSION RECOMMENDATIONS
None submitted.
Minutes
February 25, 1997
Page 9
ACTION ITEMS
17. REPORT QUARTERLY FISCAL STATUS REPORT FOR THE SECOND QUARTER OF FISCAL
YEAR 1996/97 - Section 504 (f) of the City Charter requires quarterly and annual fiscal status reports be filed by
the Director of Finance through the City Manager. Staff recommends Council accept the report. (Director of
Finance)
Bob Powell, Director of Finance, gave a presentation on the quarterly fiscal status report tbr the second quarter of
FY 1996/97. The second quarter tbr the last few fiscal years was a dreary projection and the City was $2 million
or $3 million in the hole by this time of the year. The good news is the City is currently a couple of hundred
thousand dollars ahead this year and that is without projecting any expenditure savings. He stated the City is doing
much better than previous years, but unfortunately a lot of our success is due to one-time revenues.
Councilmember Salas asked fbr an explanation regarding the difl'~rence between Schedule B (General Fund
Revenues) and Schedule D (General Fund Budget Status).
Mr. Powell explained that Schedule B is strictly a schedule of revenues. The first column uf Schedule B is the
amended budget column which is the projected revenues to be received tbr the entire year as compared to the actuals
received to date. The reason there is only 30 percent received to date is because many of our revenues are sporadic
and come in large chunks at different times of the year. Schedule D is a schedule of the budgets as they were
allocated to the various department. It shows how much the departments have spent, encumbered to date, and what
they actually have leti from their budget.
Councilmember Moot asked what is our ability to forecast out sales tax revenue over the next 6 to 12 ~nonths. He
asked if we knew whether we are going to see a increase in sales tax revenue, based on statewide trends t)r
information from the State Government .
Mr. Powell explained the City works with a consultant to assist with sales tax auditing and making sure businesses
file in the right .jurisdiction. The City can use statewide data, but we are unique because Chula Vista is close to
the border. While the sales tax picked up a year ago in most jurisdictions, we were hit by the peso devaluation.
At this point in time and unless the State goes into another recession, staff sees our sales tax returning in the upward
trend.
Councilmember Moot asked if the property tax revenues were slightly down because people were applying to have
their property taxes reduced because the value of the homes were less in some instances.
Mr. Powell believed so because the City expected onr property tax to be a little higher this year and thought the
bulk of the assessment appeals had been processed. The County Tax Assessor's Office indicated they are now
finishing the backlog of assessment appeals and there shouldn't be that much of an impact on next year's property
taxes. There was such a volume in assessment appeals that the assessor was going in and re-assessing entire
neighborhoods rather than waiting for people to apply. He stated Chula Vista in the last t~w years has shown
improvement where most other .jurisdictions have either declined or remained flat. He predicts the property taxes
will trend upward in the future because the assessment appeals are currently slowing down. If the annexation on
Otay Ranch goes through and there is development, it will help to get more properties on the tax roll and the taxes
will increase proportionately.
MSC (Horton/Salas) to accept the quarterly fiscal status report for the second quarter of fiscal year 1996/97,
approved 4-0-1 with Rindone absent.
Minutes
February 25, 1997
Page 10
ITEMS PULLED FROM THE CONSENT CALENDAR
None.
OTHER BUSINESS
18. CITY MANAGER'S REPORT(S)
a. Scheduling of meetings. Sid Morris, Assistant City Manager, reminded Council of the workshop to be held
on Saturday, 3/1/97 and suggested changing the time to 10:15 a.m. Council concurred.
Councilmember Moot indicated he had a conflict on 3/13/97 to attend the workshop session regarding the Bayfront
and requested changing the meeting to 3/20/97. Mayor Horton stated she also had a conflict on this day. Council
concurred to discnss this on 3/4/97.
b. Department Head presentation: Finance; Fire; and Building and Housing.
Finance Department
Bob Powell, Director of Finance, gave a presentation on the Finance Department's goals and objectives. He stated
the purpose of the Finance Department is to assist the City Council and City Manager in maintaining public
confidence in the fiscal integrity of this City by accounting t-~r, controlling, and reporting on the City's resources
in accordance with sound public financial management practices. The largest impact this fiscal year has been from
the new in-house sewer billing that the City took over from the Sweetwater Authority. The total number of
businesses licensed to operate within the City surpassed 8,000 this fiscal year which is also a milestone. One of
the items not reflected in the staff report is a newly implemented library lost books recovery program which has
recovered more than 1.000 library books to date.
Councilmember Moot stated he would like to see what areas the City can spend mnney that will result in increased
efficiency. He asked what type of measures would help judge the overall efficiency of the City's operations.
Mr. Powell replied it is a difficult question but one would have to take the nutput measures and transform them into
outcolne measures.
Fire Department
Jim Hardiman, Fire Chief, gave a presentation on the Fire Department's goals and objectives. The primary goals
of the Fire Department include response, planning, training, disaster preparedness, and fire prevention activities.
After 75 years, the Fire Department is proud of the level of service they provide to the citizens of Chula Vista and
are excited about the proposed technology improvements. They will continue to strive for the most cost effective
and efficient fire service that can be provided.
*** Mayor Horton left the meeting at 8:10 p.m.***
Minutes
February 25, 1997
Page 11
Buildin~ and Housing
Ken Larson, Director of Building and Housing, gave a presentation regarding the Building and Housing
Department's goals and objectives. He indicated a correction should be made on page 18b-25 under graffiti
complaints and should reflect 210 for FY95-96; 150 for FY96-97; and 150 tbr FY97-98.
Councilmember Padilia asked what constitutes a mobilehome park inspection.
Mr. Larson answered there are currently 38 mobilehome parks and approximately 4,200 mobilehome units in the
City. Assembly Bill 935 mandated that each mobilehome park shall have an inspection once every five years. The
inspection is established with the park owner or delegated to the park manager. There are two courses of
inspection: the perimeter and the visual. The perimeter inspection includes inspection of the interior, standard of
the streets, sanitary conditions of the streets, water, and sewer. The visual inspection refers to inspection of the
mobilehome which includes compliance with rails. propane tanks, safety connections, sanitary connections, and the
like.
Councilmember Salas stated she previously visited several mobilehome parks and although there was a range of
parks that were good places tbr our residents, there were also some of the older parks which were a hazard. She
was disturbed to find that a lot of elderly residents were unable to upkeep their mobilehome coach to a proper level.
She asked what percentage of periodic inspections does City staff' actually get to. She felt this is an area that needs
more attention to make sure our citizens, the elderly citizens in particular, are taken care of.
Mr. Larson responded that the mobilehome park population in many cases is the elderly who are on fixed incomes.
Staff has worked closely with many park owners who then transcend the responsibility down to the park manager.
In many cases staff finds conditions that are deplorable, and there is an ongoing case which staff recently referred
to Social Services regarding a syndrome cormnonly called the "pack rat syndrome." The department's concentration
is that the electrical, propane connections, and the basic conditions of the park are such that the residents have a
safe place to reside.
Councilmember Salas asked what kind of responsibility is placed on the park owner to make sure the park conditions
are safe.
Mr. Larson stated the park owner's responsibility has to do with the infrastructure, the perimeter of the park to
make sure that vegetation is kept down. and that accessory structures required by the California Code of Regulations
Title 25 are maintained in a safe condition. The Title 25 criteria is mandated that they reduce requirements l~r
swimming pools, general community club houses. condition of the laundry facilities to lower costs tbr those
residents on fixed incomes. The park owners's responsibility stops at the mobilehome's door unless he or she
happens to be renting that lhcility out, then the responsibility is borne by the individual.
Councilmember Moot stated one of the output measures not reflected in the statistics is money collected t'rom Code
Enforcement. He asked if that statistic is tracked in terms of how much revenue is collected by virtue of fining
people who are not in compliance. In terms of implementing a system of code enforcement that can be self
supported by the collection of fines, he asked if there is anything that can be done to bc able to self-fund more
people to do some of the less significant code enforcement.
Mr. Larson replied there are two issues. The first issue is the self-funding of a City-wide abatement/City-wide
peformance standard. The cases which Code Enforcement refers to the South Bay Municipal Court are typically
cases seeking compliance and not necessarily compensatory damages. Typically what happens is the compensatory
damages are waived ~br probation along with an order from the magistrate for compliance.
Minntes
February 25, 1997
Page 12
Councilmember Moot stated people are beginning to find a direct correlation between compliance with relatively
simple Code issues and overall general crime and social problems within a neighborhood. One of the things we
can begin to look at is getting people to comply with minor Code violations. If there is a Code violation, the first
method could be a warning: if the person does not comply, a financial penalty could be assessed. He felt the City
should seriously look at some type of administrative fining procedure, as well as denying probation as an adequate
remedy,for people who repeatedly violate the Code.
Mr. Larson stated his Department will bc bringing to Council within the next 60 days a modification to the
administrative citation program suggesting fines of a first offense of $100, second fine of $250, and third fine of
$500, which is comparable to the City of San Diego and many other communities. With reference to the abandoned
strctures, there is a direct nexus between crimes against persons and crimes against society in buildings that are
vacant. Actions that are borne by staff to abate nuisances and board up structures are recorded against that
particular property profile and registered in the Building and Housing Department's computer base. The Department
has not been aggressive in the citation program and perhaps a shift in direction from this Council could provide staff
with some direction with limits of enforcement.
Conncilmember Padilia commented that the relevance of looking at the effectiveness and performance measures has
proven beneficial. In 1989, the City's policy was if we went to Municipal Court with a particular violation, our
posture was to request probation as opposed to restitution or the imposition of some other remedy or punishment
that would bring revenue to the City, as well as provide an ability to have aggressive enforcement.
c. Report on yard waste pick up program. Sid Morris, Assistant City Manager, reported that unless directed
otherwise, the City will eliminate the yard waste pilot project and effective 3/3/97 will return to the weekly
collection.
d. Solid Waste lssues. George Krempl, Deputy City Manager, reported that on 3/4/97 the County Board of
Supervisors will consider new tipping fees tier the County landfills. Stafl'*s understanding is the rates will be based
on tonnage that a waste company or franchised hauler takes to a landfill. The greater the tonnage taken to the
landfill, the lower the rates would be. Laidlaw titrnished the City with a draft rate schedule, and it appears Chula
Vista would be eligible tbr a rate of $32 a ton versus the current $38 a ton rate, so there would be a savings based
on that schedule if approved by the Board of Supervisors. The other issue on 3/4/97 is the County is interested in
trying to get Oceanside and Escondido back into the County system. Staff was advised the County may consider
a deep discount rate for transfer vehicles from the Escondido transfer station with those vehicles potentially directed
to the Otay landfill. In that case, staff has been told they estimate perhaps 30 transfer vehicles equalling
approximately 600 tons of solid waste per day would be diverted to the Otay landfill. The tipping fee would be in
the range of $17 to $18 as well as the added cost of transportation and processing the waste at the transfer facility.
Staff is trying to obtain information from Escondido what their overall rate would be. We will be deeply concerned
if Chula Vista residents are paying a higher rate than Escondido residents. There is also the potential impact of
traffic of the additional vehicles diverted to the Otay landfill, as well as the additional traffic that might come to
Otay as a result of the San Marcos landfill closure. Staff intends to monitor the situation and will report back to
Council for possible action with an agendized item.
19. MAYOR'S REPORT(S): None.
Minutes
February25, 1997
Page 13
20. COUNCIL COMMENTS
Councilmember Salas reported on her recent trip to our Sister City, lrapuato.
ADJOURNMENT
The meeting adjourned at 8:52 p.m.
by:
Respectfully submitted,
BEVERLY A. AUTHELET, CMC/AAE, City Clerk
Patricia Schwenke, Deputy City Clerk