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HomeMy WebLinkAboutcc min 1996/07/23 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA Tuesday, July 23, 1996 Council Chambers 6:09 p.m. Public Services Building CALL TO ORDER ROLL CALL: PRESENT: ALSO PRESENT: Councilmembers Alevy, Moot, Padilia, Rindone, and Mayor Herton. John D. Goss, City Manager; Ann Moore, Acting City Attorney; and Beverly A. Authelet, City Clerk. 2. PLEDGE OF ALLEGIANCE TO THE FLAG. SILENT PRAYER 3. APPROVAL OF MINUTES: None submitted. 4. SPECIAL ORDERS OF THE DAY: a. Proclamations commending the Bonita Valley Girls, 16 years of age and under, All-Stars - California State Champs were presen~I to 13 young women by Vice Mayor John Moot. b. Proclamation commending Agent Susan Rodriguez for the 1996 Scottish Rites Officer of the Year Award was presented by Vice Mayor John Moot. c. Burt James, Chairman of the Board, San Diego Convention and Visitors Bureau (CONVIS), presented a report on their activities benefitring Chula Vista. He stated that they were computefiring the Bureau, reaching out to market wo~d-wide and hoped Chula Vista would be included in that process. He thanked Council for their continued interest and looked forward to working further with Council and staff on activities that would benefit the entire region. Reint Reinders, President and CEO, San Diego Visitor and Convention Bureau, spoke on the operational aspects. He thanked the Mayor and Council for their support and looked forward to a continued relationship as more and more things developed in Chula Vista under their leadership. d. A video tape was shown of City Manager John Goss playing the National Anthem at a Padres game where there were 51,000 fans in attendance. CONSENT CALENDAR (Items pulled: none) BALANCE OF CONSENT CALENDAR, INCLUDING ITEMS 9 AND 10 BEING REMOVED FROM THE CONSENT CALENDAR AND THE CONTINUATION OF ITEM 15 TO 8/6/96, O/~'FERED BY MAYOR HORTON, reading of the text was waived, headings read, and approved 5-0 with Moot abstaining on Items 8 and 14. 5. WRITTEN COMMUNICATIONS: a. Letter from the Acting City Attorney stating that there were no reportable actions taken in Closed Session on 7/16/96. It is recommended that the letter be received and filed. Minutes July23, 1996 Page 2 b. Letter of resignation from the Housing Advisory Commission - Robert C. Flaugher. 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. c. Letter of resignation from the Housing Advisory Commission ~ Thomas J. Massey, Jr. 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 2685 AMENDING SECT/ON 2.05.010 OF THE MUNICIPAL CODE TO ADD TWO ADDITIONAL UNCLASSIFIED CALIFORNIA BORDER ALLIANCE GROUP FULL-TIME POSITIONS (second reading and adoption) - This is to authorize the City to act as the Fiscal Agent for California Border Alliance Group (CBAG), extend funding for present CBAG staff and add two staff positions to the CBAG staff. Staff recommends Council place the ordinance on second reading and adoption. (Chief of Police) 7. ORDINANCE 2683 ESTABLISHING THE OTAY RANCH RESERVE FUND FEE IN ACCORDANCE WITH RESOLUTION 18288, WHICH ESTABLISHED THE OTAY RANCH RESERVE FUND PROGRAM (second reading and adontion) - On 5/14/96, Council established the Otay Ranch Reserve Fund Program which has two components: (a) a Reserve Fund fee to be paid by the developer/appLicant, and (b) the Otay Ranch Property Tax Transfer Agreement with tho County of San Diego. Staff recommends Council place the ordinance on second reading and adoption. (Deputy City Manager Thomson and Director of Finance) 8. ORDINANCE 2686 AMENDING THE RANCHO DEL REY SPA III SECTIONAL PLANNING AREA PLAN PLANNED COMMUNITY DISTRICT REGULATIONS AND LAND USE DISTRICT MAP (second reading and adoorion) ~ The applicant, Rancho Del Rey Investments, L.P., has requested the amendments to the Rancho Del Rey Spa III Sectional Planning Area (SPA) Plan, General Development Plan, Planned Community District Regulations, Residential Design Guidelines, Water Conservation Plan and Air QuaLity Improvement Plan. The purpose of these amendments are to change the land use designation of parcel R-7 from Residential Specialty Housing (SP) to Single Family Detached (SFD) and Residential Duplex/Townhomes (SFA). Staff recommends Council place the ordinance on second reading adoption. (Director of Planning) Councilmember Moot stated, due to work conflicts, he would have to abstain. 9. ORDINANCE 2680 ADOPTING THE PRE-ANNEXATION DEVELOPMENT AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND SNMB, LTD., JEWELS OF CHARITY, AND STEVEN AND MARY BIRCH FOUNDATION (second readine and adoption) - Staff recommends that Council not adopt the ordinance. (Deputy City Manager Krempl) Item was moved from the Consent Calendar to come back at a later time. 10. A. ORDINANCE 2687 ADOPTING THE PRE-ANNEXATION DEVELOPMENT AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND JEWELS OF CHARITY (first reading) - Staff recommends Council place the ordinances on first reading. (Deputy City Manager Krempl) B. ORDINANCE 2688 ADOPTING THE PRE-ANNEXATION DEVELOPMENT AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND SNMB, LTD. (first reading) C. ORDINANCE 2689 ADOPTING THE PRE-ANNEXATION DEVELOPMENT AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND STEPHEN AND MARY BIRCH FOUNDATION (first reading) Item was removed from the Consent Calendar to come back at a later time. Minutes July 23, 1996 Page 3 11. RESOLUTION 18374 APPROPRIATING $32,041.76 FROM UNANTICIPATED REVENUES INTO THE GENERAL FUND AND ACCOUNT 100-0150-5202 FOR PAYMENT OF LEGAL FEES AND COSTS IN CONNECTION WITH MCA AxMPI~IrHEATER LITIGATION In March of 1996, Judge McConnell awarded the City $32,041.76 to compensate for costs incurred in the preparation of the Administrative Record for the case of SNMB, L.P.v. the City of Chula Vista, MCA Concerts, Inc., et at. This resolution allocates such amount to the various parties that incurred such costs. Staff recommends approval of the resolution. (Acting City Attorney) 4/Sth's vote required. 12. RESOLUTION 18375 WAIVING THE COMPETITIVE BIDDING PROCESS AND AUTHORIZING THE PURCHASE OF SELF-CONTAINED BREATHING APPARATUS EQUIPMENT FROM SPECIAL-T FIRE EQUIPMENT, SAN BERNARDINO, CALIFORNIA - Tho fiscal year 1996/97 Capital Improvement Program (CIP) Budget approved by Council includes funds for CIP Project Number PS148 for the purchase of upgrades to the Fire Department's existing Self-Contained Breathing Apparatus (SCBA) equipment originally manufactured by Mine Safety Appliance (MSA). To comply with state and federal regulations which mandate that individual SCBA component parts originate from the same manufacturer, and due to the fact that significant savings will be realized through trade-in of some existing MSA SCBA component parts, it is recommended that MSA and its associated distributor, Special-T Fire Equipment, be selected to supply the upgrades to the existing equipment. Staff recommends approval of the resolution. (Fire Chief) 13. RESOLUTION 18376 ACCEPTING BIDS AND AWARDING CONTRACT FOR THE "INSTALLATION OF CURB, GUTTER, AND SIDEWALK IMPROVEMENTS ALONG THE EAST SIDE OF FOURTH AVENUE BETWEEN CHULA VISTA ADULT SCHOOL AND ORANGE AVENUE (STM- 302)" AND APPROVING THE NEGATIVE DECLARATION ISSUED ON INITIAL STUDY IS-94-11 - On 6/26/96, bids were received. The work to be done includes excavation and grading; removal and disposal of existing improvements; installation of asphalt concrete pavement; crushed aggregate base; P.C.C. curb, gutter, and sidewalks; driveway approaches; keystone retaining walls; street lighting; modification of traffic signals; traffic control; installation of new mailboxes; protection and restoration of existing improvements; and the construction of all appurtenances and other work as may be necessary to render the improvements complete and workable. Staff recommends approval of the resolution awarding the contract to Builders Staff Corporation. (Director of Public Works) 14. RESOLUTION 18377 RENEWING AGREEMENT WITH WOODWARD-CLYDE CONSULTANTS FOR NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) DRY WEATHER DISCHARGE FIELD SCREENING AND ILLEGAL DISCHARGE DETECTION SERVICES ON THE SAME TERMS AND CONDITIONS FOR TWELVE MONTHS (JULY I, 1996 TO JUNE 30, 1997) - On 7/25/95, Council authorized the City to enter into an agreement with Woodward-Clyde Consultants for the performance of NPDES Dry Weather Discharge Field Screening and Illegal Discharge Detection Services during fiscal year 1995/96. The agreement included an option to extend the contract for an additional one-year term through the end of fiscal year 1996/97 at the same hourly rates/unit costs for a fee not-to-exceed $60,000. Staff recommends approval of the resohition. (Director of Public Works) Councilmember Moot stated, due to work conflicts, he would have to abstain. 15.A. RESOLUTION 18378 ORDERING CERTAIN CHANGES AND MODIFICATIONS TO THE ENGINEER'S REPORT IN ASSESSMENT DISTRICT NUMBER 91-1 - Council established Assessment Districts 90-3, 91-1 and 94-1 and levied assessments on the EastLake Greens II development, pursuant to the Municipal Improvement Act of 1913, with the purpose of acquiring and financing infrastructure improvements serving that development. Final development of Eastlake Greens II is occurring. Changes in the proposed land use and savings in the fmal cost of the improvements acquired by AD 94-1 requires the Engineer's Reports for Ad 91-1 and 94-1 to be modified. Staff recommends approval of the resolutions. (Director of Public Works) B. RESOLUTION 18379 ORDERING CERTAIN CHANGES AND MODIFICATIONS TO THE ENGINEER'S REPORT IN ASSESSMENT DISTRICT NUMBER 94-1 - Item continued to the meeting of 8/6/96. Minutes July 23, ~996 Page 4 16. RESOLUTION 18380 APPROVING CONTRACTS WITH THE SAN DIEGO CHAMBER ORCHESTRA AND SAN DIEGO FIREWORKS, INC., APPROVING THE SAN DIEGO UNIFIED PORT DISTRICT'S TIDELANDS ACTIVITY PERMIT FOR THE 1996 SYMPHONY POPS CONCERT, AND AUTHORIZING THE MAYOR TO EXECUTE SAME - The City has the opportunity to host the San Diego Chamber Orchestra for a pops concert at Marina View Park on Sanday, 8/25/96. Staff recommends approval of the resolution. (Director of Parks and Recreation) * * * END OF CONSENT CALENDAR * * * Mayor Horton stated Council would meet in closed session to discuss public employee release pursuant to Government Code Section 54957. Council adjourned to Closed Session at 6:40 p.m. and reconvened at 7:32 p.m. PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 17. PUBLIC HEARING CONSIDERATION OF COASTAL DEVELOPMENT PERMIT NUMBER 69 FOR THE CONSTRUCTION OF A PORTION OF THE BAYSHORE BIKE ROUTE PROPOSED WITHIN THE COASTAL ZONE - Caltrans, in conjunction with local jurisdictions and the San Diego Unified Port District, plans to construct a 26 mile long, regional bicycle route that will traverse the perimeter of San Diego Bay with a portion in Chula Vista. Most of the route will be marked within the existing street right-of-way; but a portion, located within the Chula Vista coastal zone, is proposed to be constructed west of and adjacent to I-5. Staff recommends the oublic hearing be continued to 8/6/96. (Director of Community Development) Continued from the meeting of 7123196. MSUC (Horton/Ridone) to continue the public hearing to 8/6196. 18. PUBLIC HEARING CONDITIONAL USE PERMIT PCC-96-40; REQUEST TO CONSTRUCT AND OPERATE A RECREATIONAL WATER PARK ON APPROXIMATELY 32.4 ACRES OF LAND IN THE OTAY RIO BUSINESS PARK, PHASE H, WEST OF CASTLE PINES AVENUE IN THE IL-P (LIMITED INDUSTRIAL - PRECISE PLAN ZONE - HICE ENTERPRISES, INC. - Hice Enterprises, Inc. has submitted a proposal to construct and operate a water theme park on 32.4. acres located within the Otay Rio Business Park, Phase II. The project site is immediately west of the proposed MCA Amphitheater which is to be constructed on Phase I of the Business Park. Staff recommends approval of the resolutions. (Director of Community Development) A. RESOLUTION 18381 ADOPTING MITIGATED NEGATIVE DECLARATION IS-96-21 AND RELATED DOCUMENTS, AND GRANTING A CONDITIONAL USE PERMIT, PCC-96-40, ALLOWING THE CONSTRUCTION AND OPERATION OF A RECREATIONAL WATER PARK ON APPROXIMATELY 32.4 ACRES OF LAND IN THE OTAY RIO BUSINESS PARK, PHASE II, WEST OF CASTLE PINES AVENUE IN THE LIMITED INDUSTRIAL (IL-P) ZONE B. RESOLUTION 18382 APPROVING AN AGREEMENT WITH HICE ENTERPRISES, INC.,FOR THE DEVELOPMENT AND OPERATION OF A WATER PARK Minutes July 23, 1996 Page 5 Councilmember Alevy stated that there was a possible conflict due to his employment so he would be abstaining. He left the dais at 7:40 p.m.. Chris Salemone, Director of Community Development, presented the staff report. He stated that the proc~s involved had generated a number of mutual benefits for both the City and the developer. In working with the City Attomey's office, an agreement had been drafted and the applicant bed agreed to share part of the revenues. That would include two percent of the non-taxable revenues, i.e. admissions, parking, tube rentals, and locker rentals. In addition, the applicant had agreed to provide use of the facility to the City's Parks and Recreation Department during the four weeks prior to opening on Memorial Day and during the four weeks after Labor Day, all day during operating hours, and during their normal months of operation, from 6:00 a.m. to 10:00 a.m. This would provide the Parks and Recreation Department some opportunities to use the facility for instruction, therapy and other classes for the benefit of the public. In addition, the Fire Department would be able to utilize the site for training for different types of rescues at no cost. The financial benefits to the City would include approximately $155,000 in new revenue, which included the two percent of the non-taxable revenues, property tax and sales tax, as well as the normal revenues that would flow to the City. In addition, the waterpark would employ 15 full-time employees and 250 part-time employees during its seasonal operation. Martin Miller, Assistant Planner, clarified the location as be'mg immediately west of the proposed MCA Amphitheater which was Phase II of the Otay Rio Business Park and still vacaxtt. He stated that Hice Enterprises had purchased approximately 65 acres and the waterpark would be built on approximately 32 acres. Both the waterpark and MCA would use Otay Rio Drive as the main entrance off of Otay Valley Road. The waterpark's main entrance would be at the cul-da-sac of Otay Rio and Castle Pines. There would be a parking agreement that would allow the waterpark to use the parking areas of MCA if they needed for overflow parking. Joseph Monaco, Environmental Projects Manager, stated staff had conducted an initial study as part of the environmental review and identified several potentially significant impacts in the areas of soil erosion and dust generation, mostly construction related type impacts, water quality run-off, on site traffic circulation, air quality, and public utilities. Through identification of some specific mitigation measures, it was determined that those impacts would be reduced to less insignificant levels so a Mitigated Negative Declaration was issued. Traffic impacts wer~ not identified as being significant on exterior streets. However, staff did identify a possible traffic conflict with the operation of the MCA Amphitheater. The applicant was required to participate in the Traffic Management Plan that was a condition of approval for the MCA Amphitheater project. The purpose of that mitigation measure was to ensure that the two operators work out any type of logistieal problems in ingress and egress on the site. Glen Geegins, Deputy City Attorney, pointed out that the agreement distributed on the dais included some minor clarifications and corrections from the draft sent out in the packet. It also reflected the signature of the applicant and included exhibits. In addition, there was a provision in the agreement for the indemnity of the City in the event of any challenges to the permits issued for the project, challenges to the agreement in connection with the project, and any kind of operational liabilities in connection with the developer's operation and maintenance of the project. This being the time and place as advertised, the public heating was declared open. Minutes July 23, 1996 Page 6 · Chris Bitterlin, Bitterlin Development, 525 'B' Street, San Diego, CA 92101, spoke in favor of the staff recommendation. He read a letter from Jay Marciano, President, MCA Concerts, addressed W Mayor Hotton and members of the Council in support of the waterpark project. He stated that the first year attendance was anticipated to be 300,000 people and would grow over time; Hice Enterprises was ready to proceed immediately so that the waterpark could be open the first weekend in May which was consistent with the plans that MCA had; and there would be some coordinating on the construction side that would make it more efficient. · Randy Mendiroz, Aquatic Design, 1901 Camino del Robla, Carlsbad, spoke in favor of the staff recommendation. He stated that the waterpark was comprised of a number of different elements; and it was primarily designed to combine swimming pools and waterslide attractions to appeal to a broad age group. He described in detail the various attractions of the waterpark and a slide presentation was shown of finished projects; stated that staff did an excellent job of highlighting the economic benefits of the project; Mr. Hice was committed to giving every opportunity to Chula Vista residents on employment, as well as students of the Sweetwater Union High School District, adult education and any other schools in the area; Mr. Hice intended to work closely with youth groups, charitable groups, the YMCA, Boys end Gifts Clubs, Police Activities League, etc. Mayor Horton asked how security needs were going to be handled. · George Hice, 12961 Robleda Cove, San Diego, responded that there would be a full-time security staff present at all times; Monday through Friday there would be tan security guards; on weekends that would double to twenty; an off-duty police officer would be present on the weekends; they had met with the City's Police Department and there would be an interface between the two; and historically the biggest security problem in waterparks were employee theft. Councilmember Padilia requested information on the design, features to be incorporated, the theme, safety features, public health related features, as well as security features. Mr. Mendiroz responded that they were required as a commercial swimming pool enterprise to submit plans to the San Diego County Environmental Health Department. There were certain guidelines and requirements as far as Title 24 of the State Health Code was concerned with respect to water quality issues, furnishing infrastructures such as toilets, urinals, laboratories, showers, drinking fountains, etc. that must be complied with in order to get a health permit from the County of San Diego. Prior to receiving a building permit, they would be required to receive a permit from the Health Department. With respect to some other security issues, they appeared before the Design Review Committee and presented various suggestions on fencing, proposed an extruded aluminum or tube steel fence and ~ntinuing with a ~hain ~ink fenve approximate~y eight feet in height ar~und pr~perty b~undaries. Thenortherly property boundary would receive some peeks into the park through a combinaflon of tube, steel and chain link fencing, the hillside would be incorporated into the design on the south and westerly boundary with chain link fencing which would be heavily planted to make it difficult to climb. With respect to the theme of the project, the Design Review Committee suggested they put up banners and flags to jazz it up, The water slide components are designed by the vendors because they are responsible for the safety of the attraction. Once Council approves the project, drawings will be submitted to vendors and they will be asked to submit their proposals for slide path designs, etc. which will then be submitted to the Design Review Committee for approval. With respect to safety, shallow area pools have been incorporated. The maximum depth in any of the water attractions was six feet which was at the deep end of the wave pool. Councilmember Moot asked whether the City had any control through the CUP process and if the City had the al/fiity to intervene if there were ongoing safety issues that were not being addressed. Mr. Miller responded that the operator was required to schedule a security survey with the Crime Prevention Unit of the Police Department. In the event crime and/or security becomes a problem, as indicated by increased crime Minutes July 23, 1996 Page 7 reports filed with the Police Department, the project applicants shall retain, at applicant's expense, a company who shall prepare a crime reduction/security provision report for the operation of the project to the satisfaction of the Chief of Police. The report shall address issues specified by the Chief of Police and will include recommendations to enhance security and reduce crime. The recommendations shall be implemented to the satisfaction of the zoning administrator and Chief of Polic~. Also compliance with all Federal, State and loc4d law~, r~gulations, l~nnits, City ordinances, standards and policies, except as otherwise provided in the resolution, and an indemnification and hold harmless clause was included in the resolution. Councilmember Moot said his concern was if the owner of the waterpark lost their insurance and could not find someone else to insure them, conceivably liability could fall back on the City. He asked if, as a condition of the CUP, was there a requirement for them to maintain and show proof of insurance and if they could not do that, did the City have the ability to withdraw the CUP until they obtained the insurance. He felt, if not, this should be included in the CUP. Mr. Geegins responded that he was not aware of a provision that was as clear as that in the CUP, but stated that he could draft appropriate language and include that in the Conditional Use Permit. · Rod Davis, 233 Fourth Avenue, Chula Vista, representing the Chula Vista Chamber of Commerce, spoke in favor of the staff reconmaendation. · Chuck Schrader, 440 "L" Street, Chula Vista, spoke in favor of the staff recommendation. There being no further public testimony, the public heating was declared closed. Councilmember Rindone asked what the percentage was of cash gross receipts paid by other waterparks to the cities; thought a review of the percentage of the cash grows receipts should be conducted after four years; and asked what the maximum attendance allowed per day would be, and the procedure once that maximum was reached. Mr. Salemone responded that staffs research did not show another city that had that kind of arrangement and felt it unique for Chula Vista. Mr. Miller stated that on a daily basis, from the opening in the morning until closing at night there might be more than 5,000 people actually going through the turn style, but at any one time they could not have more than 5,000 people and that was one of the conditions of approval. RESOLUTIONS 18381 AND 18382, WITH THE ADDITION OF A PROVISION THAT THE ANNUAL GROSS RECEIPTS RECEIVED BY TIlE CITY WOULD BE REVIEWED IN A PERIOD NOT SOONER THAN FOUR YEARS FROM THE OPENING DAY OF THE FACILITY AND NOT LATER THAN FIVE YEARS, OFFERED BY COUNCILMEMBER RINDONE, reading of the text was waived, headings read. Councilmember Rindone responded that the intent was to provide a 12 month window at least 4 years after to review to see if the percentage of the gross receipts needed to be adjusted upward or not to the benefit of the City, depending on the success of the waterpark. Mayor Herton stated that as the waterpark became more successful, the gross receipts would be more and the City's two percent would be greater. She was not comfortable with the proposed additional provision. Councilmember Moot felt the proposed additional provision would have to be something voluntary. Minutes July 23, 1996 Page 8 Councilmember Padilia also did not feel comfortable with the proposed additional provision and asked for staff Connnent. Mr. Salomone stated that the developer had to produce quarterly reports and pay the percentage at the end of the calendar year, produce auditable book records, and at the City's discsetion, could be audited. He assumed that for the first year or two a full audit would be conducted and then monitored after that. Councilmember Rindone said in the agreement with the MCA Amphitheater, there was a condition about payment of expenses that were directly attributable to the City, particularly with security needs and asked if staff had addressed that. Mr. Salemone responded that no such provision was in the current agreement. A distinction had been made between the amphitheater and the current pwject, but staff could incorporate that type of a provision in the agreement and if there were any extraordthary security, safety costs that the City incurred, those would be born by the developer. Councilmember RiMone stated that the sliding scale of percentage was adequate and thought the City was less likely to have that occur in the current project than the amphitheater. But should there be a special event held and there were extraordinary expenses to the City, then maybe that would be the comprom/se provision that would be in the City's best interest. So he would be happy to modify his motion with that traderstanding, if that was agreeable with the balance of the Cormell. COUNCILMEMBER MOOT ASKED THE MAKER OF THE MOTION TO INCLUDE IN HIS MOTION THE INCLUSION OF THE INSURANCE PROVISION THAT WE DISCUSSED EARLIER Councilmember Rindone agreed. VOTE ON RESOLUT/ONS 18381 AND 18382, AS AMENDED, appr0ved 4-0..0-1, with Alevy abstaining. Councilmember Alevy returned to the dais at 9:00 p.m. 19. PUBLIC HEARlNG CONSIDERATION OF CITY'S OPTION TO EXTEND THE DECISION REGARDING THE PRESENTLY DESIGNATED PERMANENT LIBRARY PARCEL IN THE EASTLAKE VICINITY - In 1993, Council approved an 'Option Agreement for Interim Library Services and Facilities in EastLake." The Agreement specified that the City would decide within three years whether the site reserved in Village Center West would be needed as a permanent library site. There is a provision in the Agreement to extend this three year period by an additional two years. Staff recommends approval of the resolution. (Library Director) RESOLUTION 18383 EXERCISING THE CITY'S OPTION TO EXTEND, BY TWO YEARS, A DECISION AS TO WHETHER OR NOT THE CITY WILL REQUIRE THE PRESENTLY DESIGNATED PERMANENT LIBRARY PARCEL AS THE ACTUAL LOCATION FOR A PERMANENT LIBRARY IN THE EASTLAKE VICINITY 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. RESOLUTION 18383 OFFERED BY COUNCILMEMBER RINDONE, reading of the text was waived, heading read, and approved unanimously. Minutes July 23, 1996 Page 9 ORAL COMMUNICATIONS · Rod Davis, 233 Fourth Avenue, Chula Vista, representing the Chamber of Commerce, reminded Council that Friday, July 26, was Chula Vista Day at the Tour d'Elegance. Those living in Chula Vista would be charged $6 admission rather than $8; that evening was the 'Taste of the South Bay" with twelve of the City's better restaurants; and on Thursday night, the "Chamber Mixer' was at the Holiday Inn Express at Main and 805 from 5:30 p.m to 7:00 p.m. · Fernando Fernandez, 171 Shasta Street, Chula Vista, stat~:l that both he and his neighbors had noticed a dramatic decline of the City's attention to the western part of the City with City services being cut beck. There had been too much attention on development to the east of the City at the expense of the western part of the City. There had been a lack of code enforcement on business end properties that were eyesores. The area surrounding the trolley station on "H" Street at night was littered with gang members. The streets were littered with trash due to cut backs. Third Avenue had become a social services corridor with a welfare office, social security office, court house, drug rehab, parole office, County clinic, and a telephone company with inadequate parking for its patrons. He understood that the City was planning on putting a methadone clinic by the park on Parkway. Mayor Horton stated that she did not know anything about a methadone facility coming to Third Avenue so she did not know where he received that information. Council would have staff look into some of the loitering problem and trash mentioned. She was proud of some of the things the current Council and prior Councils had done for the western part of the City. Most of the CIP monies spent go into preserving the streets, building new libraries, building senior citizen centers and many more facilities that cost millions of dollars that the developers were not paying for directly. The new developments in the eastern part were normally paid by development fees. Councilmember Alevy stated that in the last year and a half Council had made efforts by binding together with the merehunts of the Third Avenue Merchants Association trying to put together a program. There were a lot of communities throughout the State, throughout the nation even, that were experiencing a down sizing of retail activity in their downtown areas because there was a tendency throughout the country to move to the suburbs and for services to follow. BOARD AND COMMISSION RECOMMENDATIONS None sobmitted. ACTION ITEMS 20. RESOLUTION 18384 AUTHORIZING THE EXECUTION AND DELIVERY OF ONE OR MORE BOND PURCHASE AGREEMENTS AND OFFICIAL STATEMENTS AND THE DISTRIBUTION OF ONE OR MORE PRELIMINARY OFFICIAL STATEMENTS IN CONNECTION WITH THE ISSUANCE AND SALE OF ONE OR MORE SERIES OF INDUSTRIAL DEVELOPMENT REFUNDING REVENUE BONDS IN AN AGGREGATE PRINCIPAL AMOUNT OF NOT TO EXCEED $151,000,000 AND AUTHORIZING AND APPROVING RELATED MATTERS - On 5/21/96, Council authorized the issuance and sale of up to $151,000,000 principal amount of Industrial Development Revenue Bonds on behalf of San Diego Gas & Electric (SDG&E). Staff recommends approval of the resolution. (Director of Finance) Councilmember Moot stated that staff had indicated that the fee for the first re~nancing would be approximately $97,000 and asked when the revenues would be reelized. Minutes July 23, 1996 Page 10 Susan Cole, Assistant Director of Finance, responded that the revenue to the City would be realized upon the dosing around the first part of August for the first one; the second one would occur probably in the fall of the current fiscal year; the third was tentatively scheduled for June of 1997. Councilmember Rindone stated that any reimbursement of City cost would come from the bonds that were sold, also if there were a need to defend Chula Vista for any litigation related to the refmancing that would also be included by SDG&E. When discussed earlier, there had been a protest by the City of San Diego. He asked if that protest had been relieved or if there was a continued concern. Ms. Cole stated that it was staffs understanding that the City of San Diego had stepped back and they were not anticipating any litigation at the present time. · Jim Montgomery, representing SDG&E, stated that he had been asked to speak about the selection process they use for picking underwriters for bond refinancings. The bonds were somewhat unique in that they were what was called variable rate. The interest rate will change every day and people that hold the bonds could sell them hack every day. Not all underwriters do remarkcling for these kind of bonds. The underwriting firm that was going to do the first deal, the fees that they were going to charge, were at the bottom end of all similar deals that had been compared over the last year and a half. They look for inexpensive costs and for an ongoing relationship with SDG&E, where the underwriters help with a lot of corporate finance matters, building a relationship with the underwriters over time. Councilmember Rindone stated that there was a notation by staff in the report that there was possible legislation that may be introduced that would negate the second and third offerings. The first issue was not threatened. He asked if there was something that could be done to ensure that the City was not precluded from the second and third revenues. Mr. Montgomery responded it was at the Federal level and was being considered in the Senate and the House of Representatives. There were two key Senators from the State of New York and some utilities who had been very vocal in trying to get the thing side tracked. It looked like the legislation would not get passed in its present form, but it had not been totally side tracked yet, He was not exactly sure what the City could do along those lines. Councilmember Rindone requested that the Legislative staff members pursue, with assistance from SDG&E, the activities of the possible legislation and keep Council informed so that they would know to contact someone locally if the need should arise. He wanted that added to the motion to preclude losing the second and third revenues. RESOLUTION 18384 OFFERED BY COUNCILMEMBER RINDONE, reading of the text was waived, heading read, and appeared unanimously. 21. REPORT REVIEW OF DRAFT PROPOSED AMENDMENT TO THE CITY'S GROWTH MANAGEMENT PROGRAM AND ORDINANCE REGARDING DEVELOPMENT PHASING AND MONITORING - REQUEST FOR COUNCIL INPUT AND DIRECTION - Given forthcoming additional Tentative Map approvals for Otay Ranch and other projects, it has become necessary to adopt methods by which the overall phasing of new development can be managed in concert with needed circulation improvements, so as to ensure threshold maintenance prior to construction of SR 125. Staff recommends Council accept the report and direct staff to fmalize the draft proposed amendments to the Growth Management Program and Ordinance and return them for formal public hearing adoption by September 1996. (Director of Planning) Continued from the meeting Of 7/9/96. Robert Leiter, Director of Planning, stated that under the City's Growth Management Program, the phasing of transportation facilities was the major determinate of the overall public facility and development phasing, therefore, coordinating the mount, location and riming of development in relation to the available street system was a critical factor to ensure maintaining the Growth Management Threshold standards. Cliff Swanson, City Engineer, presented the staff report. Councilmember Padilia said the rate of the growth increment was determined by including two factors, and asked staff to rename those. He understood that the term for the initial base line was five years and that the actual daily trip history deviated by about fifty percent. Minutes July 23, 1996 Page 11 Mr. Swanson raid that the initial baseline was a reflection basically of what was there now, the existing street system and those developments that were already approved and had a priority status and should go ahead. The current baseline forecast was the one where staff added additional traffic out to five years, balancing historical growth with SANDAG's growth rate which was much more aggressive than what they had seen in the last four to five years. That growth rate was fifty percent above what had been seen over the past four years. MSUC (Horton/Alevy) to accept the report and direct staff to ~nalize the draft proposed amendments to the Growth Management Program and the ordinance and return for a public hearing in September. ITEMS PULLED FROM THE CONSENT CALENDAR None. OTHER BUSINESS 22. C1TY MANAGER'S REPORTIS) a. Scheduling of meetings. Mr. Goss reminded Council that staff was attempting to set up a meeting, at Couneil's request, to do a workshop regarding labor relations. ABet some discussion, Mayor Herton suggested that they meet at 5:00 p.m. on the 7th of August scheduling both the interviews and labor negotiations with the interviews b~mg scheduled at a specific time. 23. MAYOR'S REPORT(S} a. MSUC (Horton/Alevy) to ratify the reappolntn~ent to the Housing Advisory Commission (Tenant) - Barbara A. Worth. Mayor Herton stated that the Cramty Board of Supervisors approved forming a Regional Library Authority and had requested that each Mayor be represented on the Board, They needed to get this completed no later than August 9th and would have their first meeting the following week. She would participate unless she heard otherwise from another Councilmember who would rather participate. 24. COUNCIL COM~IENTS Councilmember Moot a. Councilmember Moot stated that the comments under Oral Communications seemed to be echoed often and asked that the City Manager's staff prepare an informational memo for Council that addressed what CIP projects and improvements had been directed to the western portion of the City. ADJOURNMENT MEET/NG ADJOURNED AT 9:44 P.M. to the regular City Council Meeting on August 6, 1996 at 4:00 p.m. in the City Council Chambers. Minutes July 23, 1996 Page 12 CLOSED SESSION 2,5. CONFERENCE WITH LEGAL COUNSEL REGARDING - Existing litigation pursuant to Government Code Section 54956.9 · SNMB, L.P. vs. the City of Chula Vista and MCA. 26. PUBLIC EMPLOYEE RELEASE - Pursuant to Government Code Section 54957 CONFERENCE W1TH LABOR NEGOTIATOR - Pursuant to Government Code Section 54957.6 ® Agency negotiator: John Goss or designee for CVEA, WCE, POA, IAFF, Executive Management, Mid-Management, and Unrepresented. Employee organization: Chula Vista Employees Association (CVEA) end Westerm Council of Engineers (WCE), Police Officers Association (POA) and International Association of Fire Fighters {IAFF). Unrepresented employee: Executive Management, Mid-Management, and Unrepresented. 27. REPORT OF ACTIONS TAKEN IN CLOSED SESSION Respectfully submit~xt, BEVERLY A. AUTHELET, CMC/AAE, City Clerk by: