HomeMy WebLinkAboutcc min 2002/02/26 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF CHULA VISTA
February 26, 2002 6:00 P.M.
A Regular Meeting of the City Council of the City of Chula Vista was called to order at 6:05
p.m. in the Council Chambers, located in the Public Services Building, 276 Fourth Avenue,
Chula Vista, California.
ROLL CALL:
PRESENT: Councilmembers Davis, Rindonc, Padilla, Salas, and Mayor Horton
ABSENT: Councilmembers: None
ALSO PRESENT: City Manager Rowlands, City Attorney Kaheny, and City Clerk
Bigelow
PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE
SPECIAL ORDERS OF THE DAY
° RECOGNITION BY MAYOR HORTON OF CURT CLAUSEN, PHILIP DUNN, TIM
SEAMAN, SEAN ALBERT, AL HEPPNER, AND SUSAN ARMENTA, FROM THE
ARCO/U.S. OLYMPIC TRAINING CENTER FOR THEIR OUTSTANDING
ACCOMPLISHMENTS AT THE NATIONAL 50 KILOMETER RACEWALK
CHAMPIONSHIPS
Mayor Horton congratulated the athletes for their accomplishments at the national 50-kilometer
racewalk championships.
CONSENT CALENDAR
(Items 1 through 8)
Councilmember Rindone pulled item #7 for discussion.
Regarding Item No. 4, Councilmember Salas asked whether or not steps had been taken to
coordinate the pipe rehabilitation with the overlay and repaving of the streets. Deputy Director
of Public Works Swanson replied that only the segments of streets that are unearthed for the pipe
repairs would be repaved. Councilmember Salas stated that repairs and repaving should be
coordinated whenever possible to avoid multiple disruptions to residents.
1. APPROVAL OF MINUTES of February 19, 2002.
Staff recommendation: Council approve the minutes.
CONSENT CALENDAR (Continued)
2. ORDINANCE NO. 2854, ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING SECTIONS 14.20.010, 14.20.020, 14.20.030, 14.20.040,
14.20.100, 14.20.110, 14.20.120, 14.20.200, 14.20.220, 14.20.230, 14.20.310, 14.20.320,
14.20.340, AND ADDING SECTIONS 14.20.160 AND 14.20.170 TO THE CHULA
VISTA MUNICIPAL CODE, ALL UNDER CHAPTER 14.20, RELATING TO STORM
WATER MANAGEMENT AND DISCHARGE CONTROL
The City's National Pollutant Discharge Elimination System (NPDES) municipal permit,
issued by the state, requires the City to review and update its storm water, grading, and
other relevant ordinances as necessary to ensure compliance with the permit's conditions.
Staff determined that the City's existing ordinances meet those requirements, however,
the adoption of certain amendments would be helpful to clearly define all issues and
prevent possible ambiguities. The ordinance had its first reading on February 19, 2002
(Director of Public Works)
3. RESOLUTION NO. 2002-049, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AUTHORIZING THE CITY ENGINEER TO ISSUE
ENCROACHMENT PERMIT NO. PE-513 FOR THE INSTALLATION OF PRIVATE
CABLE AND TELEPHONE UTILITIES WITHIN A 15-FOOT PUBLIC SEWER
EASEMENT, GRANTED ON PARCEL MAP NO. 18798, ROGAN HILLS
SUBDIVISION
Rogan Road, LLC, the developer of four single-family dwellings off of Rogan Road, is
proposing to install private cable and telephone utilities within a 15-foot public sewer
easement granted on Parcel Map No. 18798. Rogan Road, LLC is requesting a permit to
allow for this encroachment. According to Chapter 12.28 of the Municipal Code, this
request must be approved by the City Council. (Director of Public Works)
Staff recommendation: Council adopt the resolution.
4. RESOLUTION NO. 2002~050, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING CONTRACT FOR
THE CORRUGATED METAL PIPE REHABILITATION AT VARIOUS LOCATIONS
IN THE CITY (PROJECT DR-155), TO MOCON CORPORATION AND CAT
CONTRACTING, A JOINT VENTURE, IN THE AMOUNT OF $256,345,
AUTHORIZING STAFF TO INCREASE THE VALUE OF THE CONTRACT TO
EXPEND ALL AVAILABLE FUNDS FOR THIS PROJECT, TRANSFERRING
$91,500 TO PROJECT ST-981, AND AUTHORIZING STAFF TO TRANSFER ANY
PROJECT ST-98!
The Director of Public Works received sealed bids for this proiect on January 29, 2002.
The old corrugated metal pipes are deteriorating and in need of rehabilitation, either by
replacement or by lining. Funds for the project came from Assembly Bill 2928 - Traffic
Relief Congestion Allocation. It is one of three projects utilizing the $1,242,511.31 that
the City received from the state on October 13, 2000, and must be spent by June 30,
2002. (Director of Public Works)
Staff recommendation: Council adopt the resolution.
Page 2 - Council Minutes 02/26/02
CONSENT CALENDAR (Continued)
5 A. RESOLUTION NO. 2002-051, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA TRANSFERRING $270,000 IN APPROPRIATIONS FROM
THE LOMA VERDE POOL RENOVATION PROJECT TO THE CHULA VISTA
ANIMAL CARE FACILITY AT 130 BEYER WAY PROJECT
B. RESOLUTION NO. 2002-052, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING AND APPROPRIATING A DONATION
FROM AN ANONYMOUS DONOR OF $25,000 TO SUPPORT THE MEDICAL
CENTER AT THE NEW ANIMAL CARE FACILITY
The animal shelter is being relocated from Main Street, east of 1-805, to the intersection
of Beyer Way and Fourth Avenue. The contractor is scheduled to be substantially
complete on March 8, 2002, with move-in anticipated for the first week of April 2002.
Additional funds of $270,000 are needed to complete the project. The animal care
facility also received $25,000 from an anonymous donor, specifically designated for the
new shelter's medical center. (Director of Building and Park Construction/Chief of
Police)
Staff recommendation: Council adopt the resolutions.
6. RESOLUTION NO. 2002-053, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING A THREE-PARTy AGREEMENT
BETWEEN THE CITY OF CHULA VISTA, RECON (CONSULTANT), AND OTAY
PROJECT, L.P. (APPLICANT), FOR CONSULTING SERVICES RELATED TO THE
PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT FOR THE OTAY
RANCH VILLAGE TWO SECTIONAL PLANNING AREA PLAN AND TENTATIVE
TRACT MAP, AND AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT
Otay Project, L.P. has filed a Sectional Planning Area (SPA) plan application for Otay
Ranch Village Two. The proposed Village Two SPA Plan proposes development of
2,138 dwelling units on approximately 726 acres. Two hundred and seventy-eight acres
would be developed with non-residential uses including: community purpose facilities,
commercial uses, schools, a public park, fire station, circulation, and open space uses.
The Environmental Review Coordinator has determined that the proposed project
requires the preparation of an Environmental Impact Report. Staff recommends that the
City Council approve the proposed contract with RECON, for an amount not to exceed
$218,458, to provide consultant services for the preparation of the CEQA-required
e~vir°nmenta[ d°cume~ts f~r the proposed Pmiect (Director of P!anoi~g and Building)
Staff recommendation: Council adopt the resolution.
8. RESOLUTION NO. 2002-057, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2001/2002 BUDGET BY
APPROPRIATING $23,145 FROM UNAPPROPRIATED BALANCE OF TWO
FUNDS FOR THE REPLACEMENT OF MALFUNCTIONING IRRIGATION
SPRINKLERS ALONG TELEGRAPH CANYON ROAD'S SCENIC CORRIDOR, TO
COMELY WITH THE COUNTY HEALTH DEPARTMENT REGULATIONS FOR
USING RECLAIMED WATER
Page 3 - Council Minutes 02/26/02
CONSENT CALENDAR (Continued)
Otay Water District recently completed the installation of a new, sixteen-inch, reclaimed
water line in December of 2001 along the Telegraph Canyon Road scenic corridor. The
reclaimed water line will supply the irrigation water for public landscape areas such as
parks, landscaped open space areas, golf courses, etc. The City's policy is to convert to
reclaimed water for public landscape areas whenever it is available in order to preserve
potable water. The condition of the existing irrigation system along Telegraph Canyon
Road does not comply with the County of San Diego Health Department regulations for
the use of reclaimed water. (Director of Public Works)
Staff recommendation: Council adopt the resolution.
ACTION: Councilmember Salas moved to approve Consent Calendar Items/ti through #6
and #8, headings read, texts waived. The motion carried 5-0.
7 A. RESOLUTION NO. 2002-054, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE FINAL MAP FOR SAN MIGUEL
RANCH PLANNING AREA "H", CHULA VISTA TRACT NO. 99-04, ACCEPTING
ON BEHALF OF THE CITY OF CHULA VISTA, THE VARIOUS EASEMENTS,
ALL AS GRANTED ON SAID MAP, WITHIN SAID SUBDIVISION; APPROVING
THE SUBDMSION IMPROVEMENT AGREEMENT FOR ~ COMPLETION OF
~-- IMPROVEMENTS REQUIRED BY SAID SUBDIVISION, AND AUTHORIZING
THE MAYOR TO EXECUTE SAID AGREEMENT
B. RESOLUTION NO. 2002-055, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE FINAL MAP SUPPLEMENTAL
SUBDIVISION IMPROVEMENT AGREEMENT FOR SAN MIGUEL RANCH
PLANNING AREA "H", CHULA VISTA TRACT NO. 99-04, REQUIRING
DEVELOPER TO COMPLY WITH CERTAIN UNFULFILLED CONDITIONS OF
RESOLUTION NO. 2000-068, AND AUTHORIZING THE MAYOR TO EXECUTE
SAID AGREEMENT
C. RESOLUTION NO. 2002-056, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE GRANT OF EASEMENTS AND
MAINTENANCE AGREEMENT FOR SAN MIGUEL RANCH NEIGHBORHOOD"
H", ESTABLISHING SPECIFIC OBLIGATIONS AND RESPONSIBILITIES FOR
M/dNTENb'~NCE OF PRtV?~TE Lf~DSC~M~ING WITHIN PUBLIC RiGHT-OF-WA y
AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
Adoption of the resolutions approves 131 single-family, detached, residential lots for
Shea Homes' Neighborhood "H" within Phase 1 of San Miguel Ranch. The tentative
subdivision map for Chula Vista Tract 99-04, San Miguel Ranch, was approved on
February 29, 2000. The "A" map No. 1 for San Miguel Ranch, Phases 1, 2 & 4, was
approved on August 7, 2001. This is the first "B" map for San Miguel Ranch. The City
has established a traffic enhancement program to deal with traffic issues and reduce
futura congestion. (Director of Public Works)
Page 4 - Council Minutes 02/26/02
CONSENT CALENDAR (Continued)
Councilmember Rindone indicated that this was part of the traffic enhancement program and one
that would widen both Telegraph Canyon Road and East H Street. He added that the expansion
of East H Street has been scheduled as a high priority to further improve traffic circulation in the
area.
ACTION: Councilmember Rindone then offered Resolution Nos. 2002-054, 2002-055 and
2002-056, headings read, texts waived~ The motion carried 5-0.
COMMUNICATIONS
Hanna Zamudio, PO Box 8547, Chula Vista, a San Diego State University student, asked
Council's opinion regarding raising the transit occupancy tax (TOT). Mayor Horton explained
that a large portion of TOT revenue is spent on marketing Chula Vista and that the revenue is
shared with the Convention & Visitors Bureau. She also commented that local hotel/motel
owners have supported TOT increases. Councilmember Davis suggested that Ms. Zamudio
contact the Convention & Visitors Bureau for more detailed information on the use of TOT
funds in Chula Vista.
Saul Roskin, 501-76 Anita Street, asked why it has taken so long to bring the mobilehome
ordinance back for discussion and mentioned a letter he sent to Council on February 1, 2002,
addressing his concerns regarding mobilehome parks and their residents.
Mr. Roskin also informed the Council that many mobilehome park residents do not receive the
discounted rates for senior citizens, since they pay their trash fees through the park. He felt this
was unfair and asked Council to correct the discrepancy. Mayor Horton referred the matter to
staff for a report.
Steve Molski, 677 G Street #11, stated that property rights are of prime importance to both
mobilehome park owners and tenants, and, since tenants have to purchase and maintain their
units, they should get the same benefits as individual homeowners. He also asked Council to
address vacancy de-control and move forward expeditiously with the proposed ordinance.
PUBLIC HEARINGS
9. CONSIDERATION OF FORMING ASSESSMENT DISTRICT 2001-3 (D STREET)
Four property owners on the north side of the 300 block of D Street have missing
sidewalk improvements, and have petitioned the City to commence special district
proceedings for financing the construction of these improvements. On December 11,
2001, Council accepted the petition, approved the proposed boundary map and
preliminary Assessment Engineer's Report, set a public hearing and ordered the initiation
of ballot proceedings. The public heating was originally scheduled for February 5, 2002,
then rescheduled for this date. (Director of Public Works)
Page 5 - Council Minutes 02/26/02
PUBLIC HEARINGS (Continued)
Notice of the hearing was given in accordance with legal requirements, and the heating was held
on the date and at the time specified in the notice.
Director of Public Works Lippitt stated that ballots were sent to all affected property owners, and
he then read the procedure for assessment ballot tabulation.
Mayor Horton opened the public hearing. There being no members of the public wishing to
speak, she then closed the public hearing.
Mayor Horton asked the City Clerk to tabulate the ballots. City Clerk Bigelow reported the
results, stating that all assessment ballots received were in favor of the proposed assessments,
and, therefore, Council could consider the adoption of the resolutions declaring the results and
making the findings.
ACTION: Councilmember Salas offered Resolution No. 2002-058, heading read, text
waived:
RESOLUTION NO. 2002-058, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA DECLARING THE RESULTS OF THE
ASSESSMENT BALLOT TABULATION AND MAKING FINDINGS
PURSUANT TO CHAPTER 27 OF THE IMPROVEMENT ACT OF 1911, AND
ARTICLE XIIID OF THE CONSTITUTION OF THE STATE OF
CALIFORNIA IN ASSESSMENT DISTRICT NO. 2001-3 ("D" STREET)
The motion carried 5-0.
10. CONSIDERATION OF THE ASSESSMENT OF CERTAIN DELINQUENT SOLID
WASTE SERVICE CHARGES AS LIENS UPON THE RESPECTIVE PARCELS OF
LAND, AND PLACEMENT OF DELINQUENT CHARGES ON THE NEXT
REGULAR TAX BILL FOR COLLECTION
Chula Vista Municipal Code Section 8.24.180 allows delinquent solid waste service
charges to be assessed as liens upon the affected properties and ultimately placed on the
property tax bills for collection. (Assistant City Manager Powell)
Notice of the hearing was given in accordance with legal requirements, and the hearing was held
on the date and at the time specified in the notice.
Assistant City Manager Powell informed Council that since the most recent mailing to inform
customers of the public hearing, the City has received an additional 129 payments and now has a
balance of 331 delinquent accounts.
Mayor Horton opened the public hearing.
Page 6 - Council Minutes 02/26/02
PUBLIC HEARINGS (Continued)
Jerry Ohm, 157 Inkopah Street, requested answers to the questions he raised at the Council
meeting of December 4, 2001. Assistant City Attorney Googins replied that there were no legal
defects in the actions being considered by the Council at this time.
With no further members of the public wishing to speak, Mayor Horton closed the public
hearing.
Councilmember Davis asked staff to attach a list of delinquent accounts to agenda reports when
the subject is brought forward in the future.
ACTION: Councilmember Davis then offered Resolution No. 2002-059, heading read, text
waived:
RESOLUTION NO. 2002-059, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA ASSESSING DELINQUENT SOLID WASTE
SERVICE CHARGES AS LIENS UPON THE RESPECTIVE PARCELS OF
LAND, AND APPROVING PLACEMENT OF DELINQUENT CHARGES ON
THE NEXT REGULAR TAX BILL
The motion carried 5-0.
11. CONSIDERATION OF A TENTATIVE SUBDMSION MAP FOR A PORTION OF
VILLAGE SIX OF OTAY RANCH (PCS 02-03) (APPLICANT: BROOKFIELD SHEA
OTAY, PARTICIPANT: CATHOLIC DIOCESE)
McMillin Otay Ranch has applied for approval of a tentative subdivision map to
subdivide 215.2 acres of Village Six in the Otay Ranch. The tentative map proposes
subdividing McMillin's portion of Village Six into 482 single-family lots on 114.7 acres,
one 12.1-acre multi-family lot with 212 units, a 32.5-acre lot for a private high school and
an ll.5-acre lot for a community purpose facility (CPF). The Catholic Diocese of San
Diego owns the private high school and CPF lots and is a participant in the tentative map.
The conceptual tentative map for the project was considered and evaluated in the Final
Second Tier Environmental Impact Report (Final EIR 98-01) for the Otay Ranch Village
Six SPA plan and conceptual tentative maps. The Environmental Review Coordinator
has reviewed the proposed tentative subdivision map, PCS-02-03, and determined that
the project would not result in any new environmental impacts that were not previously
identified in Final EIR 98-01, nor would the project result in a substantial increase in the
severity in any environmental effects not previously identified in ~ina~ E!R 98-0!
(Director of Planning and Building)
Notice of the hearing was given in accordance with legal requirements, and the hearing was held
on the date and at the time specified in the notice.
Principal Planner Rosaler gave a presentation on the tentative subdivision map and reported that
the proposed map was consistent with the Otay Ranch General Development Plan (GDP) and
Village Six SPA Plan. He asked Council to approve the alternative for the Common Usable
Open Space Lots OS-21 and to approve the resolution containing a revised Condition 103 and
deleting Condition 174.
Page 7 - Council Minutes 02/26/02
PUBLIC HEARINGS (Continued)
Councilmember Salas asked when the project would come on line. Staffmember Rosaler replied
that the McMillin Companies plan to bring their final maps to Council for approval within the
next two months.
Deputy Mayor Padilla asked staff to explain the meaning of "alley product" for the benefit of the
audience. Mr. Rosaler explained that the product provides a 20-foot wide alley at the rear of the
single-family homes for garage access, leaving a clean, garage-free, and pedestrian-oriented
streetscape, with no driveway cuts across the sidewalks.
Mayor Horton opened the public hearing.
Robert Pletcher, representing McMillin Companies, stated that the project was a continuation of
a logical and well-thought-out scheme of development for the area. He urged the Council to
approve the project.
Simon Malk, representing Otay Land Company, spoke in support of the project but stated that
when the applicant comes forward with the final map, the application needs to be in conformance
with the Resource Management Plan (RMP). He explained that the open space conveyance for
the final map needs to come from the Keystone parcels, or the initial Salt Creek and Otay River
Valley conveyance areas, and any other open space conveyance area would not be in
conformance with the RMP.
With no further members of the public wishing to speak, Mayor Horton closed the public
heating.
ACTION: Councilmember Davis offered Resolution No. 2002-060, heading read, text
waived:
RESOLUTION NO. 2002-060, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA APPROVING A TENTATIVE SUBDIVISION
MAP FOR A PORTION OF VILLAGE SIX OF THE OTAY RANCH,
VILLAGE SIX SECTIONAL PLANNING AREA PLAN, CHULA VISTA
TRACT 02-03
The motion carried 5-0.
BOARD AND COMMISSION RECOMMENDATION
12. PRESENTATION BY THE HUMAN RELATIONS COMMISSION OF PROPOSED
CIVIC AWARD PROGRAM
The commission wants to promote a new quarterly award called the "Chula Vista Civic
Award of Recognition". The intention of the program is to recognize individuals and
organizations that dedicate and contribute their time and/or resources to the community.
(Human Relations Commission)
Page 8 ~ Council Minutes 02/26/02
BOARD AND COMMISSION RECOMMENDATION (Continued)
Human Relations Chair Pina presented the criteria for the proposed civic award program and
asked the Council to support the program.
Mayor Horton asked that the item be referred to staff for placement on a future agenda.
ACTION: Deputy Mayor Padilla moved to refer the item to staff. Councilmember Davis
seconded the motion, and it carried 5-0.
OTHER BUSINESS
13. CITY MANAGER'S REPORTS
City Manager Rowlands announced that demolition of the shopping complex on the corner of
Fourth and F Street will begin on Wednesday, February 27, 2002, at 10:00 a.m., to make way for
construction of the new police facility.
City Manager Rowlands announced that the Council meeting scheduled for March 5, 2002, was
cancelled.
14. MAYOR'S REPORTS
A. Ratification of appointment to the Resource Conservation Commission - Stanley
Jasek.
ACTION: Mayor Horton moved to ratify the appointment of Stanley Jasek to the Resource
Conservation Commission. Councilmember Davis seconded the motion, and it
carried 5-0.
15. COUNCIL COMMENTS
Councilmember Rindone congratulated Port Commissioner Hall, who was sworn into office on
February 26, 2002.
Councilmember Salas requested that staff look at the timing of pedestrian traffic signals, since
she had received communications from seniors that the lights turn too quickly, making it difficult
for them to cross the streets before the lights turn.
Deputy Mayor Padilla reminded all citizens of how blessed we are as Americans, and he urged
everyone to vote on March 5, 2002.
Councilmcmbcr Davis stateci that she had a~tcndcd thc swearing-in ceremony tbr Co~nmissioner
Hall. She also urged all citizens to vote.
ADJOURNMENT
At 7:40 p.m., Mayor Horton adjourned the meeting to the Regular Meeting of March 12, 2002, at
6:00 p.m. in the Council Chambers.
~JCY: Susan Bigelow, CMC, City Clerk
Page 9 - Council Minutes 02/26/02