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HomeMy WebLinkAboutcc min 1995/12/05 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA Tuesday, December 5, 1995 Council Chambers 4:11 p.m. Public Services Building CALL TO ORDER 1. ROLL CALL: PRESENT: Councilmembers Alevy, Moot, Padilia, Rindone, and Mayor Horton ALSO PRESENT: John D. Goss, City Manager; Bruce M. Booganrd, City Attorney; and Beverly A. Authelet, City Clerk 2. PLEDGE OF ALLEGIANCE TO THE FLAG. S1LENT PRAYER 3. APPROVAL OF MINUTES: November 21, 1995 and November 28, 1995 (Special Meeting) MSUC (Alevy/Padilla) to approve the minutes of November 21, 1995 and November 28, 1995 as presented. 4. SPECIAL ORDERS OF THE DAY: a. Oath of Office: Anthony Ciotti, Sr. - International Friendship Commission. The oath of office was administered by City Clerk Authelet. b. Introduction of Benita Fitzgerald, the new Director of the Arco Training Center, by Pat Milkovich. Ms. Fitzgerald was the gold medal winner for the 100 meter hurdles at the 1984 Olympic Games. Mayor Pro Tem Rindone presented a proclamation to Ms. Fitzgerald recognizing her appointment as the Director of the Arco Training Center and her many accomplishments. c. Presentation of promotional video. Staff unveiled the City's new economic development promotional video which will be used as a business outreach tool at trade shows, conferences and business meetings, as well as distributed to partner economic development agencies and business prospects. Continued from the meeting of 11/14/95. d. Status and presentation by Clark Siebrand representing the Greater San Diego Chamber of Commerce, Base Relocation and Closure Committee. Mr. Sicbrand stated the BRAC 1995 Committee worked to keep open the bases and commands they felt were vital to the mission of the Navy. Those efforts were quite successful and the region ended up with a net gain which would result in approximately 4,000 new jobs, 8,000 contractor jobs, and approximately a $1 billion net increase in the region. The impacts of the closure of the Long Beach Naval Ship Yard were not included in those statistics. He thanked the Council for their fmancial contribution and foresight in supporting BRAC 1995. CONSENT CALENDAR (Item pulled: 10) BALANCE OF THE CONSENT CALENDAR, AS AMENDED, OI~}'ERED BY MAYOR HORTON, reading of the text was waived, passed and approved unanimously with Councilmember Moot abstaining on Item 13 and Councilmember Alevy abstaining on Item 11. 5. WRITTEN COMMUNICATIONS; a. Letter from the City Attorney stating that there were no reportable actions taken in Closed Session on 11/21/95. It is recommended that the letter be received and filed. Minutes December 5, 1995 Page 2 6. ORDINANCE 2654 AMENDING THE CAMPAIGN CONTRIBUTIONS ORDINANCE TO CLARIFY THE CONTRIBUTIONS LIMITATION WHEN TWO ELECTIONS FOR DIFFERENT TERMS OF OFFICE FOR THE SAME SEAT ARE OCCURRING SIMULTANEOUSLY, TO APPLY THE CITY'S CONTRIBUTIONS PROHIBITIONS AND LIMITATIONS TO INDEPENDENT EXPENDITURE COMMITEES, AND OTHER CHANGES (second readin~ and adontion) - With the simultaneously occurring general and special elections coming in March, 1996, questions from potential candidates have arisen as to the operation of the City's campaign contributions ordinance which can and should be resolved by Council action rather than legal interpretation. Staff recommends Council place the ordinance on second reading and adoption. (City Attorney) Mr. Beogaard requested that the title of the Ordinance be changed to delete the following "to apply the City's contributions prohibitions and limitations to independent expenditure committees". The body of the ordinance had 7.A. RESOLUTION 18136 ACCEPTING $66,000 OF HIGH INTENSITY DRUG TRAFFICKING AREA (HIDTA) GRANT FUNDS THROUGH THE IMPERIAL COUNTY SHERIFF'S OFFICE FOR ADMINISTRATIVE COSTS ASSOCIATED WITH THE CALIFORNIA BORDER ALLIANCE GROUP (CBAG); APPROPRIATING FUNDS FROM UNANTIClPATED GRANT REVENUES; AND AMENDING THE FISCAL YEAR 1995/96 BUDGET TO INCLUDE TWO FULL TIME EQUIVALENT POSITIONS SUBJECT TO CONTINUED GRANT FUNDING - On 9/5/95, Council apprnved the City to act as the "fiscal agent" for the CBAG and act as conduit to obtain civilian support personnel and to acquire related supplies and services. The current request is to extend financial services for administrative support and authorize the use of funds available from the Imperial County Sheriffs Office. Staff recommends approval of the resolutions. (Chief of Police) 4/5th's vote required. B. RESOLUTION 18137 APPROVING TWO REIMBURSEMENT AGREEMENTS AND TWO INTERGOVERNMENTAL PERSONNEL ASSIGNMENT AGREEMENTS, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENTS, FISCAL YEAR 1995/96 Mr. Boogaard stated the City had not received the interpersonal assignment agreements from the federal government. He recommended that the resolution be amended to read "The Council would approve the two reimbursement agreements in the form previously approved by the Council, copies of which will be numbered and placed on file in the Office of the City Clerk". Those were the agreements that were drafted and included an indemnity clause that protooted the City. He wanted to be sure that only those agreements with the indemnity clause would be approved. Council had the option of waiting until the actual agreements were received before taking action. 8. RESOLUTION 18138 ACCEPTING A $400,000 GRANT PROM THE CALIFORNIA COASTAL CONSERVANCY; APPROVING GRANT CONTRACT NUMBER 95-012; APPROPRIATING $400,000 TO A NEW CIP PROJECT NUMBER GG155 FOR CONSTRUCTION OF A FLOW-THROUGH SEAWATER SYSTEM AT THE CHULA VISTA NATURE CENTER AND AUTHORIZING THE DIRECTOR OF FINANCE TO LOAN CASH AS NEEDED TO THE BAYFRONT CONSERVANCY TRUST FROM THE GENERAL FUND IN AN AMOUNT NOT TO EXCEED $400,000 WITH REIMBURSEMENT TO OCCUR AT THE TIME GRANT FUNDS ARE RECEIVED PROM THE STATE - The State of California has granted the Bayfront Couservancy Trust $400,000 for the construction of a seawater system at the Nature Center. Those funds are administered by the State Coastal Conservancy. Staff recommends approval of the resolution. (Executive Director, Bayfront Conservancy Trust) 9. RESOLUTION 18139 APPROVING CONTRACT WITH THE COUNTY OF SAN DIEGO FOR A $50,000 GRANT TO THE CITY TO PARTIALLY FUND THE PURCHASE OF THREE ALTERNATIVE FUEL DEDICATED VANPOOL VANS, APPROPRIATING AND TRANSFERRING $75,000 THEREFOR - As part of the City's ongoing effort to reduce traffic congestion and carben dioxide, the City applied and received $50,000 in grant funding to implement a compressed natural gas van-pool program. Staff recommends approval of the resolution. (Environmental Resource Manager) 4/5th's vote required. Councilmember Moot questioned if there was any cost to the general fund. 'l II Minutes December 5, 1995 Page 3 Barbara Bamburger, Environmental Resources Manager, responded there was a gap of additional funds that the City would have to provide initially which would be paid back in rebates from the manufacturer and the state. Councilmember Moot questioned the transfer from the vehicle replacement fund. Ms. Barnburger responded that some of the funds designated for the purchase of the vehicles was from the vehicle replacement fund and budgeted in June for on-going replacement of pool cars and vehicles for various departments. $13,000 had been budgeted for a pool car and instead of purchasing the pool car the money would go towards the purchase of the pool van. 10. RESOLUTION 18140 ADOPTING THE 1995 SUPPLEMENT TO "GREENBOOK" STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION, 1994 EDITION AND CHULA VISTA DESIGN STANDARD NUMBER 34 - On 10/24/95, Council adopted the 1994 Standard "Greenbook" Specifications, Regional Supplements and Standard Drawings, and the Chula Vista Standard Drawings and Standard Provisions, excluding Chula Vista Design Standard Number 34 (CVDS No. 34). Council directed staff to meet with representatives of the development community to work out concerns with CVDS No. 34. After a series of meetings, CVDS No. 34 has been revised. In the ensuing period, the Regional Standards Committee adopted the 1995 Supplement to the Greenbook Standard Specifications for Public Works Construction 1994. Staff recommends approval of the resolution. (Director of Parks and Recreation and Director of Public Works) · Lex Williman, 10179 Huennekens, San Diego, CA, Planning Director for Hunsaker &Assoc., stated they continued to have concerns regarding the item and requested a continuance so they could get clarification on certain issues regarding the specific design. Clifford Swanson, Deputy Director of Public Works/City Engineer, stated he had talked to the Parks Director and he was in concurrence in continuing the Chula Vista Design Standard Number 34. However, staff requested that Council adopt the portion adopting the 1995 Supplement to "Greenbook* Standard Specifications for Public Works Construction. Mr. Williman stated he concurred with the staff recommendation. · John Norman, 9191 Towne Centre Drive, Suite L-101, San Diego, CA, representing California Pacific Homes, concurred with the comments made by Mr. Williman and the amended staff recommendation. MSUC (Horton/Alevy) to approve Resolution 18140 with the deletion of "1994 Edition and Chula Vista Design Standard Number 34". 11. RESOLUTION 18141 DECLARING CITY'S INTENTION TO UNDERGROUND OVERHEAD UTILITIES ALONG MAIN STREET FROM INDUSTRIAL BOULEVARD TO THIRD AVENUE AND SETTING A PUBLIC HEARING FOR THE FORMATION OF UTILITY UNDERGROUND DISTRICT NUMBER 126 FOR JANUARY 9, 1996 AT 6:00 P.M. - On 11/12/91, Council accepted a report on the City's Utility Undergrounding Conversion Program and approved a revised list of utility underground conversion projects. The subject section of Main Street was ranked as the fifth utility conversion project in the City's adopted program. However, proposed construction work significantly increased the points, thus moving the project up in said ranking and made the subject street section top priority. Staff recommends approval of the resolution. (Director of Public Works) Councilmember Alevy stated he would abstain from participation in order to avoid a potential conflict of interest. 12. RESOLUTION 18142 APPROVING THE FILING OF THREE APPLICATIONS FOR TRANSPORTATION ENHANCEMENT ACTIVITIES PROGRAM FUNDS UNDER THE INTERMODAL SURFACE TRANSPORTATION EFFICIENCY ACT (ISTEA) OF 1991 AND DESIGNATING THE CITY ENGINEER AS THE AUTHORIZED REPRESENTATIVE FOR THIS PROGRAM - California is scheduled to receive more than $200 million over a six-year period (three cycles) under the Transportation Enhancement Activities Program. Projects must be clearly associated with the transportation system and should also provide maximum enhancement to the environment and the affected communities. The applications are for: East "H" Street Bicycle/Pedestrian Transportation Facility; Pedestrian/Bikeway Bridge over Sweetwater River, immediately Minutes December 5, 1995 Page 4 downstream of Central Avenue; and Landscaping the MTDB right-of-way wififin Chula Vista. Staff recommends approval of the resolution. (Director of Public Works) 13.A. RESOLUTION 18143 APPROVING FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT 90-2, RANCHO DEL REY, SPA III, PHASE 2, UNIT 1 - On 7/30/91, Council approved the Tentative Subdivision Map for Tract 90-2, Rancho del Re)', SPA IlL On that tentative map, phase and unit boundaries were delineated. Staff recommends approval of the resolutions. (Director of Public Works) B. RESOLUTION 18144 APPROVING FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT 90-2, RANCHO DEL REY, SPA III, PHASE 3, UNIT 1 Councilmember Moot stated he would abstain from participation on Item 13A and 13B in order to avoid a potential conflict of interest due to representation of the applicant by his law firm. 14. RESOLUTION 18145 ACCEPTING BIDS AND AWARDING CONTRACT TO LEKOS ELECTRIC, INCORPORATED FOR THE 1995 HAZARD ELIMINATION SAFETY PROJECT TO UPGRADE THREE TRAFFIC SIGNAL LOCATIONS (BROADWAY/"F" STREET, FOURTH AVENUE/"F" STREET, AND THIRD AVENUE/ORANGE AVENUE) AND APPROPRIATING $152,000 TO TF-227 (TRAFFIC SIGNAL SAFETY UPGRADE) - On 11/15/95, sealed bids were received from three electrical contractors for the modification of traffic signals to add left turn phasing at three intersections. The low bid of $125,565 was received from Lekos Electric, Incorporated. Staff recommends approval of the resolution. (Director of Public Works) 4/5th's vote required. 15. REPORT APPLICATION FOR GRANT FUNDS FROM THE FEDERAL DEPARTMENT OF EDUCATION, LIBRARY SERVICES AND CONSTRUCTION ACT FOR THE PURCHASE OF SPECIFIC LIBRARY REFERENCE RESOURCES AS A MAJOR URBAN RESOURCE LIBRARY - As the Chula Vista Public Library is a City agency serving a resident population of over 100,000, it has been designated a Major Urban Resource Library by the U.S. Department of Education and is eligible to apply for a grant of $12,032 for the purchase of business and job-seeking materials for library users. Staff recommends Council accept the report and ratify the Library's application for $12,032 of Library Services and Construction Act Funds for the purchase of library materials. (Library Director) * * END OF CONSENT CALENDAR * * PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 16. PUBLIC HEARING CONSIDERATION OF REFUSE COLLECTION RATE ADJUSTMENT RELATED TO INCREASED DISPOSAL COSTS AT THE COUNTY LANDFILL FOR THE RESIDENTIAL, RESIDENTIAL YARDWASTE, AND COMMERCIAL CONTRACTS - On 11/14/95, in response to a request from Laidlaw Waste Systems, Inc., Council directed staff to evaluate the need to amend the Municipal Code in order to allow Laidlaw to fully recover charges incurred in the disposal of refuse at the County landfill, and to recommend any necessary rate adjustments based on unrecovered costs. Staff recommends Council adopt the urgency ordinance and approve the resolution. (Director of Finance) A. ORDINANCE 2656 AMENDING SECTION 8.23.090 B.3. OF THE MUNICIPAL CODE TO ALLOW THE REFUSE COLLECTION FRANCHISE TO FULLY RECOVER LANDFILL PROCESSING COSTS THROUGH CUSTOMER BILLING RATES (ur~encvl - 4/5th's vote required B. RESOLUTION 18146 APPROVING INCREASES IN THE LANDFILL/PROCESSING COST RATE COMPONENT FOR THE RESIDENTIAL, THE RESIDENTIAL YARDWASTE, AND THE COMMERCIAL CONTRACTS EFFECTIVE JULY 1, 1995, WITH THE RATEPAYERS BILLING RATES TO BE ADJUSrED BEGINNING JANUARY 1, 1996 Robert Powell, Director of Finance, stated the request would result in a 52 cents/month per household increase in the overall residential rate and $2.18/month per business increase for the average commercial customer. The increase would be retroactive to 7/1/95 with the increase to the ratepayers as of 1/1/96. The ordinance change would allow Minutes December 5, 1995 Page 5 any rate changes to go into effect 1/1/96 at the same time as the operating cost increase. Staff felt that would avoid any inconvenlenc~ to Laidlaw and the ratepayer. The impact to the residential rate payer would be approximately 17¢/menth effective 1/1/96 followed by an inere. as~ of 2e/month effective 7/1/96 and a decreag of 20¢/menth 1/1/97. The impact to the commercial rate payer would bean increase of $ 12.74/month effective 1/1/96, adeerease of $3.90/month effective 7/1/96, and a decrease of $4.94/month effective 1/1/97. The last sentenc~ on page 16-3 of the staff report stated the billing rate would be $78.78 and should b~ corrected to read $81.78. Councilmember Rindone stated the oral report indicated the aggregate cost of the 2 % cost of living increase vot~l on by the Council 11/14/95. He did not see that included in the staff report. Mr. Powell responded that was not included in the staff report, the oral report was a summary of Council action on 11/14/95. This being the time and place as advertised, the public hearing was declared open. · Jim Weaver, 881 Energy Way, Chula Vista, CA, representing Laidlaw Waste Systems, felt the proposed action would reimburse Laidlaw for direct expenses incurred on behalf of the customers of the City. The request had been repeatedly identified in past years. They believed that Laidlaw should not benefit, but should also not suffer due to mandated increases imposed by a third party which neither Laidlaw nor the City could control. There being no further public testimony, the public hearing was declared closed. Councilmember Alevy stated he was concerned with retroactively billing the ratepayers. He questioned how the pass through would be billed. Mr. Powell responded that the unreimbursed costs pertaining to FY 1994/95 would be amortized over the next twelve month period and billed as a rate component. Councilmember Alevy stated the present residential rates were low, but the commercial rates were higher. He questioned what could be done to lower the commercial rates. George I(d'empl, Deputy City Manager, responded that historically commercial rates were higher. Residential rates were lowered due to the successful curbside recycling and yard waste efforts. ® Michael Meacham, Conservation Coordinator, stated commercial waste hauling did not apply to commercial recycling. Commercial users could choose either Laidlaw or another company to divert some of their recyclable or reusable waste. Businesses did have the opportunity to lower their rates. Councilmember Rindone stated that commercial users may be able to control the total costs for service regarding volume, but the basic rate was still lOth out of the 17 cities in the county. There were three components which determined the rate, i.e. the operating costs, the landfill costs, and franchise fee cost. The proposal before Council was only on the landfill costs. He had stated on 11/14 that he was opposed to the operating cost increase because previous Council direction for verification of the rate of return had not be completed. He was supportive of the present staff reeommendatinn because it did not affect the operating cost component. He did not want his vote to appear that he had changed his position on the previous action. The landfill costs were a pass through only. He questioned how the increase for the landfill costs would be reported to the ratepayers as he did not want the proposed action misinterpreted. A regulated monopoly needed to be protected from those costs they could not control. Mr. Krempl responded that in the past Laidlaw had included a letter in their billing from the City Manager which provided clarification. Councilmember Rindone stated he wanted to be sure that it was not assumed that the action proposed did not affect all the components. He did not want it to appear that he supported the increase in the operating cost component. Mayor Hotton stated she disagreed with that procedure. Councilmember Moot felt it was more complicated as it was not typical in his experience that when there was a change in an ordinance that the change applied retroactively. It was an unusual situation and he questioned whether it would be fair to the ratepayer by collecting a past fee. He also felt there were verification issues that needed to IT Minutes December 5, 1995 Page 6 be considered. There should be a mechanism in place to check the data presented and, if it was found that the weight was from outside the city, there should be a disincentive built into the ordinance such as a penalty. It was very different than the CPI increase because the ordinance was being changed as well as the billing structure. Mayor Hor~n stated she was also concerned with the retroactive recommendation from staff and questioned if there would be a problem in continuing the item for one week. Mr. Kxempl responded that if adopted as an urgency measure in 1-2 weeks there would be adequate opportunity to include it with the 1/1/96 billing. If not passed as an urgency item there would be a 1st and 2rid reading with a 30 day period before becoming effective. The rate increase would then not occur until a subsequent billing. Staff requested that if the item was to be continued that it be continued to 12/19/95. Mr. Weaver stated the invoicing to the customer would be delayed if Council action was not taken within the next two weeks. Laidlaw was only asking for reimbursement and not a retroactive charge. It was knowledge and the information available, presented, and documented yesis in the past and substantiated with land fill tickets and cross- referenced to substantiate every charge. It was a cost incurred by the company on behalf of the ratepayers. Councilmember Moot stated his problem was how they would explain to the istepayers that there was a retroactive charge to those that had already paid their bills for that time period. Mr. Weaver stated it was not a new item and had been pointed out year after year that it was an issue and a Councilmember Rindone questioned if the 2~/2 % cost of living increase was retroactive. Mr. Krempl responded that was correct. Councilmember Rindone questioned if Councilmember Moot would be open to looking at the retroactivity of the action talcan on 11/14 since he had expressed his concern with retroactivity. He agreed with the concerns expressed by Councilmember Moot, but felt they were also applicable to the 11/14 action. Councilmember Moot stated Council did not change the ordinance on 11/14. There was a distinct difference between applying a contractual provision in an agreement and changing an ordinance and then seeking to make the ordinance retroactive. It was an expo facto law and they were not generally favored. Councilmember Rindone stated the net impact was the same for both actions, i.e. being retroactive. He did not feel the changing of the ordinance was as important as the integrity of changing rates retroactively to the ratepayeis. Councilmember Padilia stated according to the staff report there was no reason to be concerned with the monthly data provided by Laidlaw. He requested an expansion on that data, i.e. what was provided and was anticipated in the future regarding the pass through. Mr. Powell stated staff had varions discussions with Laidlaw in looking at the earlier CPI increase and at that time they were continuously providing data regarding the changes in weights for the landfill costs which they were pursuing reimbursement. Laidlaw had offered to let the City go to their offices to review gate tickets, etc., but staff did not feel it would be terribly productive. Staff did agree with Laidlaw that if the ordinance was changed that Laidlaw would combine a review of the weight data on an annual basis with their other rate change requests so it could all be considered at once. The City would continue to have the option of going to their offices to verify the Councilmember Padilla felt when the report was brought forward that staff should include expansion on the verification of data. The issue of verification and data was central to the debate on the other component increase for Laidlaw on 11/14. He wanted to be sure that was done on an annual basis. He questioned how Laidlaw would delineate in the invoices to the retepayer the separate components and increases, i.e. it was not the CPI but a pass through and why. Mr. Weaver responded they were willing to delineate in the letter whatever information the Council wanted. In the past the wording of the letter had been approved by the City. Minutes December 5, 1995 Page 7 Councilmember Alevy stated Council did not always agre~ but he did not fe~l it necessary to have notification to the ratepayers indicating which Councilmembers voted for which increase. Councilmember Rindone stated that was not his request, he had requested that it be noted that there was a difference in the vote regarding the retroactivity and the potential pass through component. The two arguments for the potential pass through component was the basis for the opposition votes on 11/14, i.e. retroaetivity and the verification of information presented to the City. He supportexl the comments made by Councilmembers Moot and Alevy as those were his concerns on 11/14. If Council felt they had errored on their vote of 11/14 they could correct that action. Council needed to be consistent. Councilmember Padilla stated his concern was not reporting who voted what way, but that the ratepayers understand what they were paying for and why. MOTION: (Padilia) to continue the item to the meeting of 12/19/95 to address the concerns raised by Council. Councilmember Moot requested that when the item was brought back to Council that staff include the packet from the meeting of 11/14/95 as well as the materials provided by Laidlaw at that meeting. SECOND TO MOTION: (Rindone) Stuff to include the notification letter for review if the item was adopted by Council. VOTE ON MOTION: approved unanimously. 17. PUBLIC HEARING PCC-90-25M; REQUEST FOR FIVE YEAR EXTENSION TO AN EXISTING CONDITIONAL USE PERMIT FOR AN RV STORAGE YARD AT 1375 BROADWAY, WITHIN THE S-94 ZONE - BROADWAY PALOMAR RV STORAGE - The request is for a five year extension of an existing Conditional Use Permit which authorizes a recreational vehicle storage yard at 1375 Broadway. Additionally, the applicant is requesting the deletion of a condition to the original permit which requires payment of a parks in-lieu fee to the City. Staff recommends approval of the resolution. (Director of Planning) Continued from the meeting of 11121/95. RESOLUTION 18147 GRANTING A FIVE YEAR EXTENSION FOR CONDITIONAL USE PERMIT PCC- 90-25M TO BROADWAY PALOMAR RV STORAGE TO OPERATE A STORAGE YARD FOR RECREATIONAL VEHICLES AT 1375 BROADWAY This being the time and place as advertised, the public hearing was declared open. · Vicki Wyatt, 3545 32nd Street, San Diego, CA, representing Broadway Palomar RV Storage, stated in 1990 Council approved a mitigation fee of $7 ,500/year for parks in-lieu fee which had been paid for the past five years. They were asking that the fee be discontinued. There being no further testimony, the public hearing was declared closed. Councilmember Alevy stated over the last two budget years Council had taken more money from the Parks & Recreation budget, more so than any other department. He questioned where the $7,500 fee went to, how it would be replaced, and whether anything would have to be deleted from the Parks & Recreation budget. Robert Leiter, Director of Planning, stated the fee was established for the specific project and directed to Parks & Recreation for projects in the Montgomery area. There was a certain amount of the money that had not been exponded to date. If the fee was discontinued future improvements in the Montgomery area would have to be funded through other funding sources available, including the Parks Acquisition and Development foes collect~l from new development. In 1990 when it was established a potential area for a park was being used as a storage area. Staff had analyzed the fee and determined that it had been collected to mitigate the potential loss of use of the area as a park, but at the present time there was no immediate plan to utilize the am as a park. There were also outstanding issues regarding the use of SDG&E right-of-way for park purposes which would not be resolved for the next several years. Minutes December 5, 1995 Page 8 Mr. Goss stated staff was also evaluating the expansion of the PAD funds to include development that may occur in the western area of the City. That would hopefully incresse the amount of money for CIP programs and projects for the Parks & Recreation Department. In terms of the overall amount of revenue that became available each year for Parks's CIP, it was a fairly minor amount. There were also questions as to whether or not the proper findings could be made at the present time for the fee to be properly collected. RESOLUTION 18147 OF/~'ERED BY COUNCILMEMBER MOOT, reading of the text was waived. Councilmember Alevy stated he understood why it was being recommended, but he wanted to make it clear that he did not want any more money taken away from Parks & Recreation in general the Montgomery area in particular. SUBSTITUTE MOTION: (Rindoneatorton) to approve Resolution 18147 for a five year extension of the CUP but not deleting the $7,500/yearly park in-lieu fers. Mr. Boogaard requested that the item be discussed in Closed Session on the basis of proposed litigation. MSUC (Horton/Rindone) to add Resolution 18147 to the Closed Session agenda on the bash of proposed litigation. * * * Council met in Closed Session at 5:33 p.m. and reconvened at 6:19 p.m. * * * WITHDRAWAL OF MOTION AND SECOND: (Rindone/Horton) due to an update of information presented by the City Attorney in Closed Session. VOTE ON RESOLUTION 18147: approved unanimously. ORAL COMMUNICATIONS None * * * Council recessed at 6:20 p.m. and reconvened at 7:44 p.m. * * * BOARD AND COMMISSION RECOMMENDATIONS None submitted. ACTION ITEMS 18. RESOLUTION 18148 APPROVING AGREEMENT WITH OTAY WATER DISTRICT FOR THE PROVISION OF WATER SERVICE IN A PORTION OF THE CITY - The Otay Water District has transmitted a letter of concern regarding beth the City's sphere and annexation proposals and not only want the City to designate them as the preferred water provider for the area, but to give them some certainty that the major capital improvements that they are attempting to construct, in fact will be coastmeted by them. Staff recommends approval of the resolution. (City Manager) Mr. Goss gave a brief background of the project and agreement. After reviewing the agreement the following improvements had been recommended for Paragraphs 12 and 19. Paragraph 12 - Reclaimed Water - the first sentence should be amended to mad 'Otay will buy from City, or City's designee, as much reclaimed water as the Otay Ranch area needs and is available from any City water reclamation or raw or reclaimed water obtained by City from San Diego. A sentence had also been added to the bettom of the paragraph which read "Since this paragraph is prl~nised upon the current pricing structure in which raw water is a substitute for reclaimed water in this county, in the event the price of reclaimed water produced by San Diego and available to City is not based upon the San Diego County Water Authority's price of raw water, City shall have the right to demand renegotiation of the provisions of this paragraph regarding the price to be paid by Otay for City's reclaimed or row water supplies". Paragraph 19 - Actions by LAFCO - s~eond sentence should be amended to read "Otay shall withdraw any opposition to oendin~ proposals for. and shall not oppose future Minutes December 5, 1995 Page 9 plans for, the annexation of territory within the current or future boundaries of Otay to the City, including, but not limited to, the annexation of all or any nortion of the western pared of the Otay Ranch. He felt it was a landmark agreement. Mayor Hotton coinmended the Otay Water District and City staff on the culmination of the agreement. It was always the City's goal to ensure that the ratepayers would receive the lowest rates. She felt that was also the Otay Water District's goal. RESOLUTION 18148 OFFERED BY MAYOR HORTON, reading of the text was waived. Councilmember Rindone also commended the Otay Water District and staff in negotiating a very complex agreement. He questioned how the District and staff could ensure a 'cost effective and reliable l~mnner*. Mr. Goss responded that there was not a requirement for water districts to provide water in a cost effective and reliable manner. The City would monitor their master plan and capital improvement plan to make sure that funds contemplated to be spent years ago in some of the planning processes would not be spent. Therefore, positively impacting the provision of water service in a cost effective and reliable manner. · Keith Lewinger, Otay Water District, General Manager, stated they were making a commitment and believed they had in recent years provided water in a cost effective and reliable manner. After reviewing the 1990 master plan it was determined that the ratepayers could not afford above ground emergency storage facilities. Their commitment was to provide a high degree of reliable water to the customers at the lowest cost. He thanked the City staff for working with the District regarding some difficult issues. He agreed that it was a landmark agreement and felt it could be used as a benchmark for other cities and water districts throughout the county. Councilmember Padilia questioned if there were particular measures or means in which to measure *cost effective and reliable' and if it was addressed in the agreement. Mr. Lewinger responded that there were no formulas or calculations in the agreement. The word 'reasonable* was used throughout the agreement and that was where mediation and arbitration came into play. If the City felt the District had not applied reasonable efforts to keep the rates cost effective it would first go to the mediator and then to the arbitrator to decide who was right. If the mediator or arbitrator decided they had not, the District would then have the choice of getting back into compliance or the City would have the right to end the agreement. If the mediator or arbitrator agreed they had done all they could it would then become a moot point and the agreement would stand. One good measure would be to look at the average price of water to the 'average* customer in the county. Their water was currently, to the "average" customer, within 10C/month of Sweetwater Authority, Helix Water District, and the City of San Diego. Councilmember Padilla questioned approval of the master plan if there was a challenge. · Greg Moser representing Weissburg & Aronson, counsel to Baldwin Company, stated the Water District believed they would have their master plan completed in six months, but were concerned that they would have no control over a lawsuit. They requested that the two year period be extended during the pendency of the lawsuit. That was automatic and the City would have 90 days, either from the approval of the master plan or 90 days after the lawsuit was finally over. Councilmember Padilia complimented the Otay Water District and City staff. Councilmember Moot stated there was a comprehensive dispute resolution mechanism in the agreement. Two public agencies were working together for the public good and provided a cost effective and efficient way to resolve any differences. He felt all governmental agencies working together should follow that direction. VOTE ON RESOLUTION 18148: approved unanimously. Mr. Goss stated the Otay Water District would be hearing the item on Wednesday and he would be in attendance to represent the City, 19. RESOLUTION 18149 APPROVING FIRST AMENDMENT TO AGREEMENT WITH INFRASTRUCTURE MANAGEMENT SERVICES, INC. (IMS) FOR PAVEMENT TESTING AND Minutes December 5, 1995 Page 10 MANAGEMENT SERVICES AND REAPPROPRIATING $11,000 THEREFOR - Due to a difference in understanding of the terms of the existing agreement with IMS, it is necessary to clarify the extant of work and to modify the payment to the contractor by increasing it from $115,500 to $125,667.50. Staff rocommends approval of the resohition. (Director of Public Works) 4/Sth's vote required. RESOLUTION 18149 OFkERED BY COUNCILMEMBER RINDONE, reading of the text was waived, passed and approved unanimously. 20. REPORT DEVELOPMENT OF A SPECIFIC ARTS PROJECT ON THE BAYFRONT FOR FUNDING BY THE SAN DIEGO UNIFIED PORT DISTRICT'S ART FUND - In 1992, the Port of Sea Diego adopted a Master Plan for Public Art. The purpose of the plan is to provide artwork on the tidelands around San Diego Bay for the enjoyment of residents and visitors. Staff recommends Council refer the Port of San Diego Master Plan for Public Art to the Cultural Arts Commission and to any other interest parties for input, as well as development of a specific project that could be funded next fiscal year by the Port's Arts Fund. (City Manager) Mr. Goss stated the Port had a $4 million arts fund and they were in the process of hiring a full time arts coordinator. A master plan was done in 1992 which identified a favored and pottantial site on the Bayfront In the Tidelands area. He felt the mastar plan was out of data. He was concerned that if the City did not develop a specific project they would get lost in the shuffle. He recommended that a project be developed for the next budget cycle. The Port was developing a subcommittee to review art pieces Port-wide and the City's Port Commissioner had invited Colleen Scott, member of the Cultural Arts Commission, to be on the subcommittee. He felt it would have been more appropriate if the request had been channeled through the Council for selection. Colleen Scott hed gone beck to the Cultural Arts Commission and they were forming a subcommittee and that item would be brought to Council next week. Mayor Hotton stated the Southbay mayors had previously discussed going forward with a recommendation to the Port to allocate a certain sum for each of the member cities from the arts fund. She supported that concept and felt the City needed to move forward with that. She did not want to see the City rush to develop a project. She wanted the best possible project. Mr. Goss suggested that it be done for the next budget cycle which would give the City six months to develop a project. Mayor Horton stated it could take longer than six months and if the money was set aside the City would have it available for use and would not have to rush into something. Mr. Goss stated there was a letter signed by the four Southbay mayors to the Port which recommended a formula of 15% to each of the five cities with the remaining 25% being discretionary. It was his understanding that the letter was not received well although to his knowledge it was not considered at a public meeting. Councilmember Rindone stated he supported Mayor Horton. MSUC (Rindonealorton) to accept the staff report and recommendation. 21. REPORT PROGRESS IN THE DESIGN OF FINAL PLANS FOR THE "IMPROVEMENT OF BROADWAY FROM NAPLES STREET TO ANITA STREET PROJECT (ST-143)" - The fiscal year 1994/95 Capital Improvement Program budget includes funding for design of the reconstruction of Broadway from Naples Street to Anita Street. Theprojeetincludesthe renovation of the existing medians where necessary and the widening of Broadway at Palomer Street to accommodata dual left turn lanes. On 4/25/95, Council approved the retention of the medians and the installation of landscaping within those medians. Staff recommends Council approve the report and direct staff to complete the design and final plans and bid the project including the recoastruction of medians. (Director of Public Works) John Lippitt, Director of Public Works, stated it was the lest project to finish Broadway from "F" Street to the south city limits. Councilmember Rindone stated staffs efforts to work with the businesses during the last segment was outstanding. He requested statfs assurance that they would take the same approach for the last segment. Minutes December 5, 1995 Page 11 Mr. Lippitt responded that was correct. MS (Rindone/Padilla) to accept the staff report and recommendations. Councilmember Moot stated it appeared that staff was somewhat divided regarding the treatment of the medians. When the issue of the medians had been discussed in the past there were safety considerations. Mr. Lippitt responded that the outcome of the project would not be changed. The original approval by Council was to keep the existing medians and decorate them. Due to construction necessities the existing medians would have to be removed, but they would be replaced. Clifford Swanson, Deputy Director of Public Works/City Engineer, stated staff felt a median condition was safer than without a median. The average accident rate per million vehicle miles was lower where medians separated opposing traffic. Therefore, staff was in favor of the medians. Councilmember Moot supported putting the medians back in due to the safety factor. Councilmember Alevy stated he had not been contacted by anyone in the business community regarding the medians. He agreed that the safety factor, as well as the aesthetic factor, warranted the small additional amount of money. VOTE ON MOTION: approved unanimously. 21.1 RESOLUTION 18150 AUTHORIZING THE MAYOR TO EXECUTE THE SECOND AMENDMENT EXTENDING CONTRACT NUMBER CO94-082 NOT TO EXCEED $10,000 FOR SOLID WASTE CONSULTANT SERVICES WITH BROWN, VENCE AND ASSOCIATES (BVA) - Sexton Sand and Gravel Corporation wants to enter into a long term flow control agreement with the City prior to executing a purchase option for the transfer station site property and prior to approval of the special land use permit by the Redevelopment Agency. Staff recommends approval of the resolution. (Deputy City Manager Krempl) RESOLUTION 18150 OFFERED BY COUNCILMEMBER RINDONE, reading of the text was waived, passed and approved unanimously. ITEMS PULLED FROM THE CONSENT CALENDAR Items pulled: 10. The minutes will reflect the published agenda order. OTHER BUSINESS 22. CITY MANAGER'S REPORT(S) a. Scheduling of meetings. No report given. b. Mr. Goss advised the Council that Advocation, Inc. would be available to meet with Council on the afternoon of 12/12/95. c. Mr. Goss stated the City and Council would be participating in the 1995 Holiday Bowl parade on 12/29/95 at 10:00 a.m. The theme of the parade was "Heros on Parade' and he requested feedback regarding the theme of the entry for Chula Vista. Councilmember Alevy felt it important to make clear that Chula Vista was the home of the Olympic Training Center, the future home of Olympic champions, and that Chula Vista had an Olympic legacy. 23. MAYOR'S REPORT(S) a. Ratification of appointments: Jerry Schlegel - Intemational Friendship Commission, Linda Jean Allen - Resource Conservation Commission; and Katie Baker - Youth Commission. Minutes December 5, 1995 Pago 12 MSUC (Horton/Alevy) to ratify the appointments of: .lerry Schlegel - International Friendship Commission, Linthi .lean Allen - Resource Conservation Commission; and Katie Baker - Youth Commission. b. Mayor Hotton announced the holiday drive for toys and canned goods for the Chula Vista Cares program. 24. COUNCIL COMMENTS Councilmember Alevv · Councilmember Alevy stated he had received several calls regarding access, signage, curb painting, and relationship of traffic lanes east of Third Avenue along "J " Street by the new Lucky Market. He reques~d a report back to Council. ADJOURN1VIENT ADJOURNMENT AT 9:10 P.M. to the Regular City Council Meeting on December 12, 1995 at 6:00 p.m. in the City Council Chambers. A Joint Meeting of the City Council/Redevelopment Agency convened at 6:20 p.m. and edjoumed at 7:44 p.m. CLOSED SESSION Council met in Closed Session at 8:35 p.m. and reeonvened at 9:10 p.m. 25. CONFERENCE WITH LEGAL COUNSEL - Anticipated litigatio· pursuant to Government Code Section 54956.9 · Significant exposure to litigation pursuant to subdivision Co) of Section 54956.9: 1. SALE AND DISPOSITION OF REAL PROPERTY - Pursuant to Government Code Section 54956.8 · Purchase of property from R.E. Hazard Contracting Company, 1855 Maxwell Road, Chula Vista, CA. CONFERENCE WITH 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) and Western Council of Engineers (WCE), Police Officers Association (POA) and International Association of Fire Fight~ra (IAFF). Un~presented employee: Executive Management, Mid-Management, and Urnpresented. 26. REPORT OF ACTIONS TAKEN IN CLOSED SESSION - No reportable actions were taken in Closed Session. Respectfully submitted, by: Vicki C. Soder4uist, C~eputy City Clerk