HomeMy WebLinkAboutcc min 2001/11/20 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF CHULA VISTA
November 20, 2001 6:00 P.M.
A Regular Meeting of the City Council of the City of Chula Vista was called to order at 6:07
p.m. in the Council Chambers, located in the Public Services Building, 276 Fourth Avenue,
Chula Vista, California.
ROLL CALL:
PRESENT: Councilmembers: Davis, Rindone, 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
· PRESENTATION OF A PROCLAMATION PROCLAIMiNG STEPHEN ARENDS AS
THE 2001 VETERAN OF THE YEAR
Mayor Horton read the proclamation, and Deputy Mayor Davis presented it to Mr. Arends, who
thanked the Mayor and Councilmembers for their support of Chula Vista veterans.
CONSENT CALENDAR
(Items 1 through 10)
1. APPROVAL OF MINUTES of November 6 and November 13, 2001.
Staff recommendation: Council approve the minutes.
2. WRITTEN COMMUNICATIONS
A. Letter of resignation from Frank Ruffino, member of the Civil Service
Commission.
Staff recommendation: The resignation be accepted with regret and the City
Clerk be directed to post immediately in accordance with Maddy Act
requirements.
3. RESOLUTION NO. 2001-388, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING CONTRACT FOR
THE CONSTRUCTION OF SIDEWALK RAMPS ON VARIOUS STREETS IN THE
CITY OF CHULA VISTA FOR FISCAL YEAR 2001/2002 (PROJECT STL-276)
CONSENT CALENDAR (Continued)
On October 17, 2001, the Director of Public Works received sealed bids for the
construction of sidewalk ramps on various streets in the City for Fiscal Year 2001/2002
(Project STL-276). The work to be done involves the removal of curb, gutter and
sidewalk and the construction of pedestrian ramps on various streets. The work also
includes all labor, material, equipment, transportation, protection of existing
improvements, and traffic control necessary for the project. (Director of Public Works)
Staff recommendation: Council adopt the resolution and award the contract to Portillo
Concrete, Inc. of Chula Vista, in the amount of $37,300.
4. RESOLUTION NO. 2001-389, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING CONTRACT FOR
MINOR TRAFFIC SIGNAL MODIFICATIONS IN THE CITY OF CHULA VISTA
(PROJECT TF283) TO T&M ELECTRIC, INC. (DBA PERRY ELECTRIC), 1N THE
AMOUNT OF $95,100.00
On October 24, 2001, the Director of Public Works received sealed bids from five
electrical contractors for minor traffic signal modifications in the City. This is a state
grant-funded project under the Congestion Mitigation and Air Quality (CMAQ) program.
T & M Electric, Inc. (dba Perry Electric) submitted the low bid of $95,100 for this
project. (Director of Public Works)
Staff recommendation: Council adopt the resolution.
5 A. RESOLUTION NO. 2001-390, RESOLUTION OF THE CITY COUNCIL OF THE
CiTY OF CHULA VISTA APPROVING THE JOINT USE AGREEMENT FOR THE
OLYMPIC PARKWAY RIGHT-OF-WAY WITH THE SAN DIEGO COUNTY
WATER AUTHORITY, AND AUTHORIZING THE CITY MANAGER TO EXECUTE
SAID AGREEMENT
B. RESOLUTION NO. 2001-391, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE JOINT USE AGREEMENT FOR THE
OLYMPIC PARKWAY RIGHT-OF-WAY WITH SAN DIEGO GAS & ELECTRIC
AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT
The San Diego County Water Authority and San Diego Gas & Electric have approved the
form of the joint use agreements with the City to allow Olympic Parkway and its
associated improvements and utilities to encroach upon their respective easements. The
area is located southwest of Eastlake Greens, where a major utility corridor crosses
Olympic Parkway. The agreements outline each party's responsibilities and obligations
for the subject portion of Olympic Parkway and the easement areas that are being used
jointly for public right-of-way, landscape maintenance, traffic signal interconnect, street
lights, the conveyance of water, reclaimed water, sewer and storm drainage. (Director of
Public Works)
Staff recommendation: Council adopt the resolutions.
Page 2 - Council Minutes 11/20/01
CONSENT CALENDAR (Continued)
6. RESOLUTION NO. 2001-392, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE TEMPORARY CLOSURE OF
OLYMPIC PARKWAY BETWEEN HUNTE PARKWAY AND THE ARCO
TRA1N1NG CENTER, FOR MASS GRAD1NG WORK WITHIN THE EASTLAKE
VISTAS PROJECT, AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS
TO ISSUE AN ENCROACHMENT PERMIT TO EASTLAKE DEVELOPMENT
COMPANY FOR SAID CLOSURE
On behalf of the EastLake Development Company, Damell & Associates, Inc. (D&A),
EastLake's traffic engineering consultant, has prepared a proposal for the temporary
closure of Olympic Parkway between Proctor Valley Road and The ARCO Training
Center. The temporary road closure is needed in order for earth-moving vehicles to
safely haul dirt and rock from the north side to the south side of Olympic Parkway for the
development of the Vistas project. One earthen crossing of approximately 80 feet wide is
proposed to be created across that segment of Olympic Parkway so that the haul trucks
can safely transverse the roadway without any conflicts with cross traffic and without the
possibility of deteriorating the existing roadway. The location of the crossing is
approximately 1000 feet east of the intersection of Hunte Parkway and Olympic
Parkway. (Director of Public Works)
Staff recommendation: Council adopt the resolution.
7. RESOLUTION NO. 2001-393, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING $292.80 FROM COUNCILMEMBER, MARY
SALAS, AMENDING THE FISCAL YEAR 2001/2002 POLICE BUDGET AND
APPROPRIATING UNANTICIPATED FUNDS IN THE AMOUNT OF $292.80 FOR
SUPPORT OF THE SENIOR VOLUNTEER PATROL PROGRAM
In early October, Councilmember Salas made a personal donation of $292.80 to support
the Senior Volunteer Patrol Program. (Chief of Police)
Staffrecommendation: Council adopt the resolution.
8. RESOLUTION NO. 2001-394, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ENDORSING THE EXTENSION OF REGISTRATION
FEES IMPOSED ON VEHICLES REGISTERED 1N THE COUNTY OF SAN DIEGO
FOR TEN YEARS 1N ACCORDANCE WITH CALIFORNIA VEHICLE CODE
SECTIONS 9250.7 AND 22710
Sections 9250.7 and 22710 of the Califomia Vehicle Code authorized the establishment
of the San Diego County Abandoned Vehicles Abatement Service Authority (AVASA) in
1991, and the imposition of a $1 fee on vehicles registered in the County of San Diego.
Senate Bill 106, chaptered on August 31, 2001, amended the Vehicle Code sections to
allow for the extension of the registration fees in increments of up to ten years. This
resolution provides for Chula Vista's conditional endorsement of the extension of a San
Diego County Abandoned Vehicle Abatement Service Authority. (Chief of
Police/Director of Planning and Building)
Staff recommendation: Council adopt the resolution.
Page 3 - Council Minutes 11/20/01
CONSENT CALENDAR (Continued)
9. RESOLUTION NO. 2001-395, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA WAIVING THE FORMAL BiDDING PROCESS AS
IMPRACTICAL, APPROVING THE FIRST AMENDMENT TO AN AGREEMENT
WITH HELIX ENVIRONMENTAL PLANNING, INC., FOR PROFESSIONAL
SERVICES RELATED TO THE PROPOSED CITY OF CHULA VISTA MULTIPLE
SPECIES CONSERVATION PROGRAM (MSCP) SUBAREA PLAN, INCREASING
THE AMOUNT OF THE AGREEMENT TO $63,000, AND AUTHORIZING THE
MAYOR TO EXECUTE SAID CONTRACT AMENDMENT
An increased scope of work is needed to complete the Quino Checkerspot Butterfly
Habitat Conservation Plan component of the MSCP Subarea Plan. This contract
amendment increases the contract to $63,000, thereby requiring City Council approval.
(Director of Planning and Building)
Staff recommendation: Council adopt the resolution.
10. RESOLUTION NO. 2001-396, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AMENDING THE CITY OF CHULA VISTA MASTER FEE
SCHEDULE TO REDUCE THE BUILDING PERMIT FEE FOR THE
INSTALLATION OF PHOTOVOLTAIC SYSTEMS IN RESIDENTIAL
OCCUPANCIES TO A FLAT FEE OF $45, AS AN INCENTIVE TO PROMOTE THE
CONTINUED RESEARCH AND DEVELOPMENT OF THIS NEW TECHNOLOGY
Council has expressed a desire to support energy conservation programs that include
providing a financial incentive to homeowners who install photovoltaic systems. While
the number of installations of these systems is anticipated to be low, the reduction of fees
to a level below the average permit fees collected by other jurisdictions in San Diego
County can be considered an incentive to encourage their expanded use in Chula Vista.
(Director of Planning and Building)
Staff recommendation: Council adopt the resolution.
ACTION: Councilmember Rindone moved to approve staff recommendations and offered
the Consent Calendar, headings read, texts waived. The motion carried 5-0.
ORAL COMMUNICATIONS
Lupita Jimenez, 1134 Arbusto Corte, representing the South Bay Green Party, spoke regarding
the need to prohibit negative actions against Muslim neighbors and explained that Green Party
members had visited businesses in the South Bay to ask them to display anti-hate posters. She
stated that members had also met with Sgt. David Eisenberg of the Police Department's
Community Relations Division and had received the department's endorsement of the "no hate"
campaign. She submitted a letter of support for the campaign from the City's Human Relations
Commission and asked the Council to publicize the effort, to display posters, and to become the
first city in California to be a "hate-free zone."
Page 4 - Council Minutes 11/20/01
ORAL COMMUNICATIONS (Continued)
Bruce Chalett, 2090 Chateau Court, representing the Green Party, spoke in support of the
comments made by Ms. Jimenez and stated that he had extended a hand of friendship to his
Muslim and Islamic neighbors.
Mayor Horton spoke in support of the campaign and asked that the matter be scheduled for
consideration on the next Council agenda.
PUBLIC HEARINGS
11. CONSIDERATION OF A REQUEST TO AMEND THE OTAY RANCH SECTIONAL
PLANNING AREA (SPA) ONE PLAN, MODIFY THE OTAY RANCH SPA ONE
PLANNED COMMUNITY DISTRICT REGULATIONS, CONSIDER A
CONDITIONAL USE PERMIT (CUP) FOR A REDUCTION OF PARKING
STANDARDS FOR AFFORDABLE AND SENIOR HOUSING IN VILLAGE ONE,
AND RENAME A PORTION OF PASEO RANCHERO TO HERITAGE ROAD
THROUGH OTAY RANCH (APPLICANT - THE OTAY RANCH COMPANY)
(CONTINUED FROM THE MEETING OF NOVEMBER 13, 2001)
The Otay Ranch Company has applied to amend the Otay Ranch Sectional Planning Area
(SPA) One Plan to reallocate 97 unused dwelling units authorized by the Otay Ranch
General Development Plan for the Village One core mixed-use project and modify the
SPA One Planned Community District Regulations to allow "for-profit" day care centers.
The applicant also requests consideration of a conditional use permit to allow a reduction
in parking standards for senior and affordable housing in the mixed-use project, as well
as a request to rename Paseo Ranchero to Heritage Road, south of Telegraph Canyon
Road. (Director of Planning and Building)
Notice of the heating was given in accordance with legal requirements, and the heating was held
on the date and at the time specified in the notice.
Mayor Horton noted that the public heating was opened at the Council meeting of November 13,
2001.
Principal Planner Rosaler presented the proposed Spa One plan amendment and conditional use
permit for the Otay Ranch, noting that the item was a companion item to Redevelopment Agency
agenda item//4 to be considered later this evening.
Mayor Horton asked if anyone from the audience wished to speak.
Duel Woodward, 75 Third Avenue #30, commented on the renaming of Pasco Ranchero to
Heritage Road. He pointed out that Heritage Road already exists in Otay Mesa, and he was of
the opinion that if the street name needs to be changed, it would be best to select a name that
does not exist in a nearby neighborhood.
Lupita Jiminez, 1134 Arbusto Corte, spoke against the name change and in favor of keeping
continuity and consistency in the neighborhoods.
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PUBLIC HEARINGS (Cominued)
With no further members of the public wishing to speak, Mayor Horton closed the public
heating.
Councilmember Salas felt that renaming the street to Heritage Road was in keeping with the
theme of the neighborhood. She added that the community had expressed concem regarding
street parking, despite the provision of an adequate number of residential garages.
Deputy Mayor Davis stated that it was important to ensure that all of the applicable agencies
were notified of street name changes. She also spoke in support of the reduction in parking to
encourage the use of public transport in the community.
Mayor Horton asked whether incentives were being offered to commtmity members to encourage
the pumhase of electrical vehicles. Mr. Rosaler replied that parking spaces for the vehicles have
been reserved in the parking lots, and staff is working with the City Attorney's office to change
citywide ordinances to permit low speed electrical vehicles. Mayor Horton suggested that staff
contact potential manufacturers to create a specific prototype for the City.
ACTION: Mayor Horton then offered Resolution Nos. 2001-397 and 2001-398 for adoption
and Ordinance No. 2848 for first reading, headings read, texts waived.
RESOLUTION NO. 2001-397, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA APPROVING AN AMENDMENT TO THE
OTAY RANCH SECTIONAL PLANNING AREA (SPA) ONE PLAN, AND
RENAME A PORTION OF PASEO RANCHERO TO HERITAGE ROAD
ORDINANCE NO. 2848, ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING AN AMENDMENT TO THE OTAY
RANCH SECTIONAL PLANNING AREA (SPA) ONE PLANNED
COMMUNITY DISTRICT REGULATIONS, ALLOWING "FOR-PROFIT"
DAY CARE FACILITIES IN COMMUNITY PURPOSE FACILITY ZONING
DISTRICTS, AS AUTHORIZED IN THE PLANNED COMMUNITY ZONE
RESOLUTION NO. 2001-398, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA GRANTING A CONDITIONAL USE PERMIT
FOR REDUCED PARKING STANDARDS ON AFFORDABLE AND SENIOR
HOUSING 1N NEIGHBORHOODS R-47 AND C-1 iN THE VILLAGE ONE
CORE, AND ADOPT THE ADDENDUM TO THE FINAL
ENVIRONMENTAL IMPACT REPORT 95-01
The motion carried 5-0.
ACTION ITEMS
12. CONSIDERATION OF ACCEPTANCE OF A REPORT REGARDING THE
FORMATION OF A COMMITTEE TO REVIEW THE PROVISIONS OF THE
MUNICIPAL CODE RELATING TO CAMPAIGN CONTRIBUTIONS, AND
ADOPTION OF AN ORDINANCE AMENDING SECTION 2.52.165 OF THE
MUNICIPAL CODE RELATING TO CAMPAIGN CONTRIBUTIONS
Page 6 - Council Minutes 11/20/01
ACTION ITEMS (Continued)
At its October 23, 2001 meeting, the City Council referred several issues relating to the
City's campaign ordinance to the City Attorney, with direction to return at a later date.
The City Attorney was requested to develop language to resolve certain difficulties with
the provisions of Section 2.52.165 and to return with a recommendation concerning the
formation of a committee to look at the entire campaign ordinance. (City Attorney)
City Attorney Kaheny reconunended that the entire section of the Municipal Code be repealed.
Councilmember Salas stated that she had resigned fi.om the Cotmty's campaign ordinance review
committee, since it became apparent that the meetings would take too much time from work and
because she could not support the committee's goal to raise contribution limits. Councilmember
Salas spoke in support of Mr. Kaheny's recommendation.
Councilmember Padilla stated that it was important to look at the ordinance in a comprehensive
fashion, particularly with regard to making it consistent with state and federal law and providing
an adequate enforcement mechanism.
ACTION: Mayor Horton moved to accept the report, to appoint former Councilmember John
Moot and Deputy Mayor Davis to the review committee, to request the Ethics
Commission to select one of its members to serve on the committee, to request the
Charter Review Commission to select two of its members to serve on the
committee, and to place Ordinance No. 2849 on first reading:
ORD'INANCE NO. 2849, ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA REPEALING SECTION 2.52.165 OF THE CHULA
VISTA MUNICIPAL CODE RELATING TO CAMPAIGN CONTRIBUTIONS
Councilmember Padilla seconded the motion, and it canied 5-0.
13. CONSIDERATION OF ACCEPTANCE OF THE CITY MANAGER'S
CERTIFICATION OF SOLE SERVICE STATUS AND APPROVAL OF AN
AGREEMENT WITH HIGHLAND PARTNERSHIP, INC., FOR THE DESIGN AND
CONSTRUCTION OF THE NEW POLICE FACILITY AND RELATED
IMPROVEMENTS
At the July 10, 2001 joint meeting of the City Council and Redevelopment Agency, staff
was authorized to begin condemnation proceedings for the property located at 362-398
"F" Street for the construction of the City's new police headquarters. Adoption of the
resolution awards an agreement with Highland Partnership, Inc. and appropriates funds
from the available fund balance of the General Fund sufficient to cover project costs until
long-term financing is obtained.
Item #13 was actually taken out of order and considered prior to Item #12.
Page 7 - Council Minutes 11/20/01
ACTION ITEMS (Continued)
Assistant City Manager Morris apprised Council of the following correctiona to the staff report:
page 6, "building/parking structure construction costs" are broken out separately; page 13-12, the
fees to Highland of approximately 9%, should read 8%; and the first bullet point that discusses
demolition should read that the commencement date is February 1, 2002.
Mayor Horton requested clarification of the fees referenced on page 13-12 of the staff report
with regard to how the profit factor is built into the project. Assistant City Manager Morris
responded that in a typical design-bid-build format, the profit range for the contractor would be
between 3% and 5%. A risk factor is inherent in the design-build format, and for the risk
assumed by Highland to guarantee the City a maximum price for the construction of the
proposed facility, the City is paying the contractor a premium that recognizes the risk and
rewards the contractor for meeting the proposed price. This is a standard in the industry.
Mr. Morris then introduced Mr. Kipland Howard, who explained that Highland oversees and
coordinates all of the consultants involved in the project and has an agreement with the City that
holds Highland accountable for cost overruns. Therefore, the 2.5% premium is for the added risk
inherent in guaranteeing a maximum price and for the overall coordination of the project. Mayor
Horton also questioned why the contractor's contingency fund was separate from the City's
contingency. Mr. Morris replied that the City's contingency would be controlled solely by the
City and not co-mingled with the funds for the construction of the facility and at the discretion of
the design builder. The builder's contingency fund would be used to manage adjustments on
items typical with any construction project.
Councilmember Salas asked whether or not the guaranteed maximum price could be adjusted
upward. Mr. Howard replied that there is a fixed limit, and he believed the projected cost would
come down.
ACTION: Mayor Horton offered Resolution No. 2001-399, heading read, text waived:
RESOLUTION NO. 2001-399, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA ACCEPTING THE CITY MANAGER'S
CERTIFICATION OF SOLE SERVICE STATUS AND APPROVING AN
AGREEMENT WITH HIGHLAND PARTNERSHiP, INC., FOR THE
PROVISION OF SERVICES REQUIRED TO DESIGN AND CONSTRUCT
THE NEW POLICE FACILITY AND RELATED IMPROVEMENTS,
AUTHORIZiNG THE MAYOR TO EXECUTE SAID AGREEMENT AND
APPROPRIATING FUNDS THEREFOR
The motion carried 5-0.
OTHER BUSiNESS
14. CITY MANAGER'S REPORTS
City Manager Rowlands congratulated City Attorney Kaheny on his five-year anniversary with
the City.
City Manager Rowlands announced a workshop scheduled for December 13, 2001, at 4:00 p.m.,
to discuss the NPDES.
Page 8 - Council Minutes 11/20/01
OTHER BUSINESS (Continued)
15. MAYOR'S REPORTS
Mayor Horton announced that she rode in E1 Cajon's Mother Goose Parade last weekend with
the Chula Vista firefighters who assisted with the New York recovery efforts and noted that they
were warmly welcomed by the spectators. Mayor Horton congratulated the community of E1
Cajon for having the second largest parade on the West Coast.
16. COUNCIL COMMENTS
Councilmember Padilla also congratulated City Attorney Kaheny on his five-year anniversary,
adding that Mr. Kaheny brings to the position a level of experience, expertise, and calm wisdom
that benefits the City and the community.
CLOSED SESSION
17. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION
PURSUANT TO GOVERNMENT CODE SECTION 54956.9(A)
Tuchscher Development Enterprises, Inc. v. City of Chula Vista (case no. GIC
758620)
No reportable action was taken.
18. CONFERENCE WITH LEGAL COUNSEL REGARDING ANTICIPATED
LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b)
One ease
No reportable actiori was taken.
ADJOURNMENT
At 9:00 p.m., Mayor Horton adjourned the meeting to the Regular Meeting of December 4, 2001,
at 4:00 p.m. in the Council Chambers.
Susan Bigelow, CMC/AAE, City Clerk
Page 9 - Council Minutes 11/20/01