HomeMy WebLinkAboutcc min 2002/03/26 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF CHULA VISTA
March 26, 2002 6:00 P.M.
A Regular Meeting of the City Council of the City of Chula Vista was called to order at 6:03
p.m. in the Council Chambers, located in the Public Services Building, 276 Fourth Avenue,
Chula Vista, Califomia.
ROLL CALL:
PRESENT: Councilmembers Davis, Padilla, Rindone, Salas, and Mayor Horton
ABSENT: Councilmembers: None
ALSO PRESENT: City Manager Rowlands, City Attorney Kaheny, and Assistant City
Clerk Norris
PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE
SPECIAL ORDERS OF THE DAY
· PRESENTATION OF A PROCLAMATION BY MAYOR HORTON TO ALICIA
MARTINEZ, MEMBERSHIP COMMUNITY COORDINATOR OF THE GIRL
SCOUTS OF SAN DIEGO-IMPERIAL COUNCIL, PROCLAIMING THE YEAR 2002
AS GIRL SCOUT YEAR
Mayor Horton read the proclamation, and Deputy Mayor Padilla presented it to Alicia Martinez,
Membership Community Coordinator of the Girl Scouts of San Diego-Imperial Council.
· PRESENTATION OF A PROCLAMATION BY MAYOR HORTON TO WILL
MAGNAN, SENIOR VOLUNTEER PATROL PROGRAM REPRESENTATIVE,
PROCLAIMING APRIL 6, 2002 AS SENIOR VOLUNTEER PATROL
APPRECIATION DAY
Mayor Horton read the proclamation, and Deputy Mayor Padilla presented it to Will Magnan,
Senior Volunteer Patrol program representative.
CONSENT CALENDAR
(Items 1 through 9)
Mayor Horton announced that Item #9 would be continued to the meeting of April 16, 2002.
Councilmember Rindone requested to pull Items ~4 and #6 from the Consent Calendar for
discussion.
At 6:15 p.m., Mayor Horton left the dais.
CONSENT CALENDAR (Continued)
1. WRITTEN COMMUNICATIONS
· Letter of resignation from Kenneth J. Culver, member of the Board of Ethics.
Staffrecommendation: Cotmcil accept the resignation and direct the City Clerk to
post immediately in accordance with Maddy Act requirements.
2. RESOLUTION NO. 2002-080, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTiNG BIDS AND AWARDiNG CONTRACT FOR
THE SEWER REHABILITATION PROGRAM-PHASE XI - SEWER LATERAL
REPLACEMENT ON THE WEST SDE OF THIRD AVENUE, BETWEEN
DAVIDSON STREET AND "E" STREET (PROJECT SW-227A)
On February 20, 2002, the Director of Public Works received sealed bids for this project.
The work to be done includes the replacement of existing, broken and deteriorating sewer
laterals, installation of new, 4-inch sewer laterals, and all labor, material, and equipment
necessary for completion. (Director of Public Works)
Staff recommendation: Council adopt the resolution.
3. RESOLUTION NO. 2002-081, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AWARDING A PURCHASE AGREEMENT 1N THE
AMOUNT OF $143,214.12 FOR SEVEN, FOUR-WHEEL DRIVE, INTERMEDIATE-
SIZE, AND EXTENDED CAB PICKUP TRUCKS THROUGH A COOPERATIVE BID
WITH THE STATE OF CALIFORNIA (CONTRACT #1-02-23-20)
The fiscal year 2001/2002 equipment maintenance budget provides for the replacement
of four, four-wheel drive, intermediate-size, and extended cab pickup trucks. Three
additional pickup trucks were approved during the budget process for Survey,
Construction Inspection, and Open Space Maintenance sections. Municipal Code Section
2.56.140 and Resolution No. 6132 authorize the Purchasing Agent to participate in
cooperative bids with other government agencies for the purchase of materials of
common usage. The City, therefore, is participating in a current State of California bid
from the Lasher Auto Group. (Director of Public Works)
Staff recommendation: Council adopt the resolution.
5. RESOLUTION NO. 2002-083, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2001/2002 BUDGET BY
APPROPRIATING UNANTICIPATED EVEN START GRANT AUGMENTATION
FUNDS IN THE AMOUNT OF $24,500 TO THE LIBRARY DEPARTMENT
BUDGET FOR EXPENDITURES ASSOCIATED WITH THE CHULA VISTA
LITERACY TEAM'S EVEN START FAMILY LITERACY GRANT
The California Department of Education has advised the Chula Vista public library that
its four-year Even Start grant, in the amount of $195,800, has been augmented by
$24,500 for the purpose of providing project staff with professional development
activities and providing participating families with books to start their own home
libraries. (Deputy City Manager Palmer)
Staff recommendation: Council adopt the resolution.
Page 2 - Council Minutes 03/26/02
CONSENT CALENDAR (Continued)
7. RESOLUTION NO. 2002-086, REsoLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROPRIATING $125,000 FROM THE AVAILABLE
FUND BALANCE IN THE PUBLIC FACILITIES DEVELOPMENT IMPACT FEE
FUND INTO CAPITAL IMPROVEMENT PROJECT PS-149 FOR ADDITIONAL
RELOCATION COSTS FOR THE NEW DOWNTOWN POLICE FACILITY
Council, to date, has acted to appropriate a total of $1,500,000 for the Police
Headquarters site relocation costs. This appropriation is expected to be completely
expended during March 2002. Settlements have been reached with 11 of the 13
businesses, either through relocation settlement offers or the provision of new business
sites. Several final relocation settlements and payments are now pending. In order to
proceed with the remaining relocation payments, two additional appropriations for costs
associated with the relocation are necessary. Eligible funds from the available fund
balance in the Public Facilities Development Impact Fee Fund will be appropriated into
Capital Improvement Project PS-149 for approximately half of the remaining costs.
Under a separate item at the next available Redevelopment Agency meeting,
appropriation of an additional $125,000 will be requested from the 2000 Tax Allocation
Bond issue, for a total additional relocation appropriation of $250,000. (Director of
Community Development)
Staff recommendation: Council adopt the resolution.
8. RESOLUTION NO. 2002-087, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA WAIVING THE FORMAL BIDDING PROCESS AS
IMPRACTICAL, APPROVING A CONTRACT WITH CROSS CURRENT
CORPORATION FOR THE DESIGN AND DEVELOPMENT OF AN AUTOMATED
INTERFACE BETWEEN THE COMPUTER AIDED DISPATCH SYSTEM (CAD)
AND THE ORION MAPPING SUITE
In August 1998, City staff converted the police and fire dispatch system to a new CAD
system to facilitate the dispatching of emergency personnel and equipment. Part of that
system included mobile data computers in police vehicles to allow officers in the field to
check license plates, view call data from dispatchers, and automatically send their status
back to the dispatchers. The Police Department received funding through a COPS MORE
grant for an interface to the CAD system. The department also received a technology
grant, which will allow an upgrade to its phone system. This system utilizes the Orion
Mapping Suite to provide real-time displays of the location of callers to the 911 system
on a map on both the field unit and dispatcher screens. (Director of Management and
Information Services)
Staff recommendation: Council adopt the resolution.
9. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE AGREEMENT WITH SAN DIEGO EXPRESSWAY LIMITED
PARTNERSHIP (SDELP) FOR THE CONSTRUCTION OF STATE-ROUTE 125
THROUGH THE CITY OF CHULA VISTA, AND AUTHORIZING THE MAYOR TO
SIGN THE AGREEMENT
Page 3 - Council Minutes 03/26/02
CONSENT CALENDAR (Continued)
California Transportation Ventures, Inc., general partner of San Diego Expressway
Limited Partnership, builder of State Route 125 (SR-125), has been negotiating an
agreement with staff for the construction of SR-125 through Chula Vista. Adoption of
the resolution approves the agreement. (Director of Public Works)
Staff recommendation: Council adopt the resolution.
ACTION: Deputy Mayor Padilla moved to approve staff's recommendations and offered
Consent Calendar Items #1 through #3, #5, //7 and #8, headings read, texts
waived. The motion carried 4-0, with Mayor Horton absent from the dais.
At 6:20 p.m., Mayor Horton returned to the dais.
4. RESOLUTION NO. 2002-082, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AWARDiNG A THREE-YEAR CONTRACT TO SPECIAL
DISTRICT FiNANCiNG & ADMiNISTRATION FOR PERFORMANCE OF SPECIAL
DISTRICT ADMiNISTRATION SERVICES FOR COMMUNITY FACILITIES
(MELLO-ROOS) DISTRICTS, AND AUTHORIZING THE MAYOR TO EXECUTE
SAID AGREEMENT
During fiscal year 1998/1999, the City established six new Community Facilities (Mello-
Roos) Districts (CFDs) in the Otay Ranch and Sunbow II developments for the
construction of public facilities and for the maintenance of open space areas. The City
subsequently established, or is in the process of establishing, five new CFDs in the
Sunbow II, Otay Ranch and San Miguel Ranch developments. The City requires the
services of a consultant to perform tasks necessary to the administration of these districts,
including calculating special taxes and charges to be levied on each parcel, and providing
this information to the County before the August 10 deadline. (Director of Public
Works/Assistant City Manager Powell)
Staff recommendation: Council adopt the resolution.
Councilmember Rindone stated that while the scoring of points between the firms of
MuniFinancial and Special District Financing & Administration was very close, he believed that
the lowest bidder, MuniFinancial, ought to be awarded the contract. He then moved to substitute
MuniFinancial in lieu of Special District Financing & Administration.
Public Works Director Lippitt responded that, although the price differential between
MuniFinancial and Special District Financing & Administration was only four percent, staff
believed that Special District Financing & Administration had worked with the City for several
years on different projects and was more qualified in the administration of districts.
City Manager Rowlands explained that staff does not use the cost of professional services as an
analysis point for recommendation, and he requested that Council approve staff's
recommendations.
There was no second to the motion by Councilmember Rindone.
ACTION: Mayor Horton moved to approve staWs recommendation and offered Resolution
No. 2002-082, heading read, text waived. The motion carried 4-1, with
Councilmember Rindone voting no.
Page 4 - Council Minutes 03/26/02
CONSENT CALENDAR (Continued)
6 A. RESOLUTION NO. 2002-084, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA RATIFYING CITY STAFF'S ACTION ON APPROVING
CHANGE ORDERS ASSOCIATED WITH THE CONSTRUCTION OF THE PUBLIC
WORKS OPERATIONS FACILITY AND CORPORATION YARD, AND
AUTHORIZING STAFF TO PROCESS UP TO AN ADDITIONAL $250,000 IN
CHANGE ORDERS
B. RESOLUTION NO. 2002-085, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING CHANGE ORDERS FOR HANSON SJH
CONSTRUCTION FOR $90,045 AND F. J. W~iLLERT, INC. FOR $118,099,
ASSOCIATED WITH THE CONSTRUCTION OF THE PUBLIC WORKS
OPERATIONS FACILITY AND CORPORATION YARD, AND AUTHORIZING THE
CITY MANAGER OR HIS DESIGNEE TO EXECUTE SAID CHANGE ORDERS
The City Council has approved multiple contracts for the construction of the Corporation
Yard. On September 26, 2000, the Council amended Policy #574-01, authorizing the
City Manager to approve all change orders pertaining to this job with a single change
order, not exceeding $50,000, and a cumulative value of up to $250,000. Adoption of the
resolutions ratifies staff's actions in approving change orders; approves the change orders
for Hanson SJH Construction and F. J. Willert, Inc.; and authorizes staff to process up to
an additional $250,000 in change orders. (Director of Building and Park Construction)
Staff recommendation: Council adopt the resolutions.
Councilmember Rindone expressed concern regarding the numerous change order requests for
the Corporation Yard project, and he requested that staff re-evaluate procedures for future
projects. Parks and Recreation Director Campbell replied that the City would be using the
guaranteed maximum price method for future projects, such as the new Police Department.
ACTION: Councilmember Rindone moved to approve staff's recommendation and offered
Resolution Nos. 2002-084 and 2002-085, headings read, texts waived. The
motion carried 5-0.
ORAL COMMUNICATIONS
Steve Molski, 677 G Street, #111, representing mobilehome owners, stated that he has never
been contacted by City staff regarding meetings between tenant representatives and park owners
to discuss mobilehome owner issues, and he asked that he be contacted regarding future
meetings. He believed that park owners should be reducing rents, not raising them, and he asked
the Council to consider keeping the rent cap provision in tact, allowing a five percent increase to
park owners for vacated spaces without rental review, and requiring that the cost of living
portion of space rents be in accordance with the Consumer Price Index (CPI) only, with no
increase over national CPI numbers.
Page 5 - Council Minutes 03/26/02
PUBLIC HEARINGS ,
10. CONSIDERATION OF ADOPTION OF AN URGENCY ORDINANCE AND A NEW
ORDINANCE AMENDING CHAPTER 3.50 OF THE CHULA VISTA MUNICIPAL
CODE RELATING TO UPDATES IN THE PUBLIC FACILITIES DEVELOPMENT
IMPACT FEES TO PAY FOR VARIOUS PUBLIC FACILITIES WITHIN THE CITY
OF CHULA VISTA
In June 2000, the City Council increased the total Public Facilities Development Impact
Fees (PFDIF) from $2,150 to $2,618 per equivalent dwelling unit (EDU) -- the first
significant update to the PFDIF in nine years. The increase was based on the
"Development Impact Fee for Public Facilities, 1999 Update", which included very
preliminary versions of the new police facility, corporation yard, and civic center
expansion master plans. Subsequently, the design firm of Highland Partnership, Inc. was
hired to provide a rigorous needs-assessment and cost analysis for the police and civic
center projects. Council approved new master plans on July 17, 2001, containing updated
costs that necessitate a fee increase from $2,618 to $4,888 per EDU. The police and civic
center projects account for over 71 pement of this increase. Fee adjustments for all
PFDIF components are included in the "Public Facilities DIF, 2002 Update". (Director
of Budget and Analysis)
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.
Senior Management Analyst Burciaga presented the Public Facilities DIF 2002 update.
Councilmember Rindone requested that his questions, as follows, and staff's responses to those -
questions, be included for the record:
Mr. Rindone: Do the developers understand that new recreation facility fees may cause PFDIF to go up again?
Staff.' Yes. Developers were first informed in October 2001 that the City was
considering adding recreation facility fees to the PFDIF and were given a
preliminary estimate of the new fee. As recently as March 21, developers were
updated about those plans and the fact that staff will be contacting them in April
to begin discussions about a new recreation fee.
Mr. Rindone: Is paying the PFD1F by developers to lock in fees preventing them from having to
pay increases in the PFDIF fees when new recreation facility fees are added at a
later date?
Staff: No. Prepayment is only allowed on police and civic center components. No other
fees may be prepaid. When permits are actually pulled on prepaid EDU's,
developers will be subject to:
~ The full fees for all components (including a recreation component, if
existing) except police and civic center; and
~ Any adjustments to the prepaid fees that occurred during the interim
that were due to:
extraordinary cost increases
extraordinary EDU changes in excess of 2,000
normal annual adjustments for inflation
Page 6 - Council Minutes 03/26/02
PUBLIC HEARINGS (Continued)
By prepaying fees, developers avoid financing costs on the police and civic center
components. Furthermore, developers have greater assurance of fee stability on
the civic center component.
Mayor Horton opened the public heating. With no members of the public wishing to speak, she
then closed the public heating.
Mayor Horton asked for staff's response to a letter received by Council, dated March 26, 2002,
from Jerry Livingston, representative for the Building Industry Association of San Diego
County, regarding the proposed public facilities fee update. Special Projects Manager Chase
replied that the concem expressed by Mr. Livingston was the potential of adding a component
for major recreation facilities. Mr. Chase explained that all topics were on the table for
discussion; and the report does not mean to infer that developers have agreed to the initial
methodology that was presented in the opening proposal.
Councilmember Davis believed that studies regarding commercial and industrial development
should take place sooner rather than later, and she was hopeful for a plan that would hold down
costs for commercial and industrial development in order to attract more jobs.
Councilmember Salas suggested a two-tiered structure for affordable housing in order to keep it
reasonably priced and to give the developers incentives to submit their affordable housing
component earlier.
ACTION: Councilmember Davis then offered Urgency Ordinance No. 2855-A and
Ordinance No. 2855, headings read, texts waived.
A. URGENCY ORDINANCE NO. 2855-A, URGENCY ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING SECTIONS
3.50.020, 3.50.030, 3.50.050, 3.50.070, AND 3.50.090 OF THE CHULA VISTA
MUNICIPAL CODE RELATING TO A DEVELOPMENT IMPACT FEE TO
PAY FOR VARIOUS PUBLIC FACILITIES WITHIN THE CITY OF CHULA
VISTA'S GENERAL PLAN AREA BOUNDARY
B. ORDINANCE NO. 2855, ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AMENDING SECTIONS 3.50.020, 3.50.030,
3.50.050, 3.50.070, AND 3.50.090 OF THE CHULA VISTA MUNICIPAL
CODE RELATING TO A DEVELOPMENT IMPACT FEE TO PAY FOR
VARIOUS PUBLIC FACILITIES WITHIN THE CITY OF CHULA VISTA'S
GENERAL PLAN AREA BOUNDARY
The motion carried 5-0.
11. CONSIDERATION OF AMENDMENTS TO THE VILLAGE SIX SPA PLAN TO
ADJUST THE BOUNDARY BETWEEN NEIGHBORHOODS R-7A AND R-7B, RE-
DESIGNATE NEIGHBORHOOD R-7A FROM SF-4 TO RM-2 AND REALLOCATE
47 DWELLING UNITS FROM NEIGHBORHOOD R-9A TO NEIGHBORHOODS R-
7A AND R-7B (PCM 02-20); AND CONSIDERATION OF A TENTATIVE
SUBDIVISION MAP CREATING 1,392 SINGLE-FAMILY AND MULTI-FAMILY
DWELLING UNITS ON 201.1 ACRES OF VILLAGE SIX OF OTAY RANCH -
APPLICANT: OTAY RANCH COMPANY (PCS 02-05)
Page 7 - Council Minutes 03/26/02
PUBLIC HEARINGS (Continued)
Otay Ranch Company has applied to amend the Village Six Sectional Planning Area
(SPA) Plan to re-designate neighborhood R-7a from single-family SF-4 to residential
multi-family RM-2, and to reallocate 47 dwelling units from neighborhood R-9a to
neighborhoods R-7a and R-7b. The overall number of dwelling units in the Village Six
SPA area will remain the same. Otay Ranch Company has also applied for a tentative
subdivision map to subdivide approximately 201.1 acres of Village Six in the Otay
Ranch. The tentative map subdivides Otay Ranch Company's portion of Village Six into
309 single-family lots, four neighborhoods containing 1,083 multi-family units, 7.7 acres
for a public elementary school site, a 2.9 acre mixed-use site in the Village Core, a park
site, a 4.4-acre community purpose facility site, and 2.3 acres of common usable open
space. (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.
Principal Planner Rosaler presented the proposed amendments to the Otay Ranch Village Six
sectional planning area.
Mayor Horton opened the public heating.
Simon Malk, representing Otay Land Company, requested that the letter fi.om Otay Land
Company, dated March 25, 2002, regarding the preserve conveyance requirement applicable to
development of the 201.1 acres, be included for the record. He then read the letter.
Kent Alden, representing the Otay Ranch Company, explained the reasons to support the project
and also discussed the mechanical entry concept. He asked Council to support staff's option #2,
and to approve conditions 184 to 193, with modifications to condition 184, to allow the barrier
guard entrance. He added that the Planning Commission had approved the option.
With no further members of the public wishing to speak, Mayor Horton closed the public
hearing.
Councilmember Davis stated that some consumers desire a barrier guard entrance, and it is
important to pay attention to their needs.
Mayor Horton spoke in favor of the ban'ier guard entrance and she also believed that it was
essential to provide park and ride facilities for the residents in the area.
Deputy Mayor Padilla suggested that there be comprehensive discussions regarding any future
installations of barrier guard entrances in order to establish citywide parameters for such
entrances.
City Manager Rowlands informed the Council that the City's Police and Fire Chiefs oppose the
barrier guard entrances.
Coancilmember Rindone opposed the barrier guard entrances, stating that they are a nuisance
and provide a false sense of security. He felt that the priority was to provide multiple entrances
into the various villages.
Page 8 - Council Minutes 03/26/02
PUBLIC HEARINGS (Continued)
Councilmember Salas spoke in support of option #2, but adding that the developer must
demonstrate that there would not be a problem in accessing the community in the event of an
emergency.
ACTION: Mayor Horton moved to include Option #2 of staff's report, and she offered
Resolution Nos. 2002-088 and 2002-089, and Ordinance No. 2856, headings read,
texts waived.
A. RESOLUTION NO. 2002-088, RESOLUTION OF THE CITY COUNCIL OF
THE C1TY OF CHULA VISTA APPROVING AMENDMENTS TO THE
OTAY RANCH VILLAGE SIX SECTIONAL PLANNING AREA PLAN
B. ORDINANCE NO. 2856, ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE AMENDMENT TO THE OTAY
RANCH VILLAGE SIX SECTIONAL PLANNING AREA PLANNED
COMMUNITY DISTRICT REGULATIONS MODIFYING THE ZONING
DISTRICT MAP FOR VILLAGE SIX
C. RESOLUTION NO. 2002-089, 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 02-05
The motion carried 4-1, with Councilmember Rindone voting no.
OTHER BUSINESS
12. CITY MANAGER'S REPORTS
City Manager Rowlands announced that the Council workshop scheduled for March 27, 2002,
regarding Fire Department services and equipment, has been re-scheduled for April 11, 2002, at
4:00 p.m., in the Council conference room.
13. MAYOR'S REPORTS
Mayor Horton congratulated the new, local, semi-professional soccer team, which will be
making its home at the Eastlake football field, and she encouraged the community to visit the
games.
14. COUNCIL COMMENTS
Councilmember Rindone asked that the community share the meaning of Easter with family and
friends.
ADJOURNMENT
At 9:30 p.m., Mayor Horton adjourned the meeting to the Regular Meeting of April 9, 2002, at
6:00 p.m. in the Council Chambers.
Donna Norris, Assistant City Clerk
Page 9 - Council Minutes 03/26/02