HomeMy WebLinkAboutcc min 2002/05/14 M1NUTES OF A REGULAR MEET1NG OF THE CITY COUNCIL
OF THE CITY OF CHULA VISTA
May 14, 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, Padilla, Rindone, 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
· OATHS OF OFFICE: JESSE NAVARRO - BOARD OF ETHICS, DANIEL MU2~OZ -
ECONOMIC DEVELOPMENT COMMISSION, JOHN ACOSTA - COMMISSION
ON AGING
City Clerk Bigelow administered the oaths to Jesse Navarro and John Acosta, and Deputy Mayor
Padilla presented them with certificates of appointment. Mr. Mufioz was not present at the
meeting.
,, PRESENTATION BY MAYOR HORTON OF A PROCLAMATION TO JOHN
LIPPITT, DIRECTOR OF PUBLIC WORKS, PROCLAIMING THE WEEK OF
MAY 19, 2002 AS NATIONAL PUBLIC WORKS WEEK
Mayor Horton read the proclamation, and Deputy Mayor Padilla presented it to Public Works
Director John Lippitt.
CONSENT CALENDAR
(Items 1 through 6)
1. APPROVAL OF M1NUTES of April 11 and May 7, 2002.
Staff recommendation: Council approve the minutes.
2. ORDINANCE NO. 2858, ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING AN AMENDMENT TO THE CONTRACT
BETWEEN THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC
EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY
OF CHULA VISTA, TO PROVIDE SECTIONS 21624, 21626, AND 21628 (POST-
RETIREMENT SURVIVOR ALLOWANCE) FOR LOCAL MISCELLANEOUS
MEMBERS, AND SECTION 21362.2 (3% ~ 50 FULL FORMULA) FOR LOCAL
FIRE MEMBERS
CONSENT CALENDAR (Continued)
Existing labor agreements with all miscellaneous employees and the International
Association of Fire Fighters (Local 2180) contain provisions for enhancements to their
retirement benefits to be effective July 1, 2002. This ordinance, introduced on April 23,
2002, is required to amend the City's contract with CalPERS to provide these benefits.
(Director of Human Resources)
Staffrecommendation: Council place the ordinance on second reading for adoption.
3 A. RESOLUTION NO. 2002-152, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA WAIViNG THE THREE-BID REQUIREMENT OF
ORDINANCE NO. 2716, AND AUTHORIZING MCMILL1N COMPANIES TO
CONSTRUCT THE POGGI CANYON SEWER BETWEEN PASEO RANCHERO
AND EAST PALOMAR STREET, AND AUTHORIZING THE PUBLIC WORKS
DIRECTOR TO SIGN THE AGREEMENT WITH THE MCMILLIN COMPANIES,
MODIFYING THE REQUIREMENT OF THE MUNICIPAL CODE
B. RESOLUTION NO. 2002-153, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AUTHORIZING VARIOUS NAMED DEVELOPERS TO
CONSTRUCT ELIGIBLE STREETS AND OTHER FACILITIES AND RECEIVE
DEVELOPMENT IMPACT FEE CREDIT OR REIMBURSEMENT FOR THE COST
OF SUCH CONSTRUCTION, AND AUTHORIZING THE PUBLIC WORKS
DIRECTOR TO SIGN THE AGREEMENTS WITH THE VARIOUS DEVELOPERS
The City Engineer received letters from five developers requesting authorization to
constTuct various facilities eligible for development impact fees in return for
reimbursement and/or credit under current development impact fee (DIF) ordinances.
Current policy requires developers to follow established procedures to obtain credit for
privately financing eligible DIF projects. Adoption of the resolutions authorizes the
developers to construct the facilities and be eligible to receive future cash reimbursement
or credit against the payment of DIF fees. According to Ordinance Nos. 2802, 2617, and
2716, the Director of Public Works will determine the DIF credit amounts. (Director of
Public Works)
Staff recommendation: Council adopt the resolutions.
4. RESOLUTION NO. 2002-154, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ESTABLISHING A COUNCIL POLICY FOR MEETING
ROOM USE AT THE CiVIC CENTER AND PUBLIC WORKS CENTER, AND
RESCINDING COUNCIL POLICY 856-01 REGARDING THE USE OF MEETING
ROOMS IN THE LIBRARY, AND ESTABLISHING AN ADMINISTRATiVE
POLICY REGARDING THIS USE
A formal Council policy addressing use of meeting and conference rooms at the Civic
Center and Public Works Center is needed due to the increasing number of requests to
use the facilities by outside groups, as well as some recent incidents when City property
was damaged when the facilities were being used by outside groups. In addition, an
existing Council policy regarding library meeting rooms is recommended to be rescinded
in favor of having an administrative policy that can be amended by the City Manager
and/or Library Department. (Deputy City Manager Palmer)
Staffrecommendation: Council adopt the resolution.
Page 2 - Council Minutes 05/14/02
CONSENT CALENDAR (Continued)
5. RESOLUTION NO. 2002-155, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2001/2002 CITY
ATTORNEY'S BUDGET AND THE HUMAN RESOURCES BUDGET AND
APPROPRIATiNG FUNDS THEREFOR
During Fiscal Year 2001/2002, the City Attorney's Office and its Litigation Division
have been involved in the defense and prosecution of an unusually high number of very
complex lawsuits and pre-litigation matters. These matters include not only the defense
of actions brought against the City, but also the unanticipated prosecution of actions
resulting in the successful recovery of funds/fines in excess of $200,000. The volume
and magnitude of such matters have not only been greater than normal, but have also
involved specialized and highly technical issues, requiting an additional expenditure of
$100,000. (City Attorney)
Staffrecommendafion: Council adopt the resolution.
6. RESOLUTION NO. 2002-156, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROPRIATING $850,000 FROM THE GENERAL
FUND TO THE BUDGET OF THE RISK MANAGEMENT DIVISION OF THE
HUMAN RESOURCES DEPARTMENT FOR PAYMENT OF SETTLEMENT AND
RELATED EXPENSES
Settlement has been reached in the matter of Tuchscher vs. City of Chula Vista, Case No.
GIC 758620 - Superior Court, County of San Diego, in the amount of $850,000. In order
to finalize this settlement, the City Council must approve the necessary appropriation.
(City Attorney)
Staffrecommendation: Council adopt the resolution.
ACTION: Mayor Horton moved to approve staff recommendations and offered the Consent
Calendar, headings read, texts waived. The motion carried 5-0, except on Item
#6, which carried 4-1, with Mayor Horton opposing.
ORAL COMMUNICATIONS
Steve Molski reported that Chula Vista Cable has stopped cutting the hedge behind his property,
creating a safety hazard behind his home. He also reported that the company has not obtained
the appropriate permits for its antennas, and he asked the Council to postpone any requests by
Chula Vista Cable for a permit variance or heating on the antennas until his retum from vacation
on June 18, 2002. Planning and Building Director Leiter responded that the City's code
enforcement staff, working with the City Attomey's office, has investigated Mr. Molski's
concems, letters have been sent to Chula Vista Cable on the matter, and staff is working to
resolve the issue, which would not be scheduled on a Council agenda prior to Mr. Molski's
return from vacation.
Page 3 - Council Minutes 05/14/02
ORAL COMMUNICATIONS (Continued)
Ranie Hunter, representing Otay Ranch Company, presented a mounted plaque displaying an
article from the March 2002 edition of Architectural Record Magazine on the City's new
Heritage Park Community Center. She also announced that Heritage Park was recently awarded
first place by the San Diego Chapter of the American Planning Association. She acknowledged
the project architect, Rob Quigley, and Burt and Associates Landscape Architects.
Councilmember Rindone suggested that a letter be sent from the Mayor and Council to Otay
Ranch Company and the architects to recognize and congratulate them for their work.
PUBLIC HEARINGS
7. CONSIDERATION OF A TENTATIVE SUBDIVISION MAP FOR SAN MIGUEL
RANCH LOT 5, CHULA VISTA TRACT NO. 02-08, INVOLVING 107 SINGLE
FAMILY LOTS ON 22.39 ACRES LOCATED 1N THE SAN MIGUEL ROAD AND
PROCTOR VALLEY ROAD (PCS 02-08 - PARDEE CONSTRUCTION) (Director of
Planning and Building)
Notice of the heating was given in accordance with legal requirements, and the hearing was held
on the date and at the time specified in the notice.
Mayor Horton opened the public heating. There was no one in the audience wishing to speak.
ACTION: Deputy Mayor Padilla moved to continue the heating to May 28, 2002.
Councilmember Davis seconded the motion, and it carded 5-0.
ACTION ITEMS
8. CONSIDERATION OF ADOPTION OF A RESOLUTION APPROVING AN
AMENDMENT TO THE RESTATED AMERICAN MEDICAL RESPONSE
AGREEMENT FOR BASIC AND ADVANCED LIFE SUPPORT AMBULANCE
SERVICE
The City entered into an agreement with American Medical Response (AMR) for basic
and advanced life support ambulance service on November 1, 1998. The Council
approved three extensions of the agreement in order to explore the possibility of
renewing the agreement for an additional three years. Staff has since successfully
negotiated a three-year extension of this agreement with AMR. (Fire Chief)
Fire Chief Perry gave a brief overview of the agreement with American Medical Response.
ACTION: Councilmember Davis offered Resolution No. 2002-157, heading read, text
waived.
RESOLUTION NO. 2002-157, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA APPROVING AMENDMENT TO THE
RESTATED AMERICAN MEDICAL RESPONSE AGREEMENT FOR BASIC
AND ADVANCED LIFE SUPPORT AMBULANCE SERVICE
The motion carried 5-0.
Page 4 - Council Minutes 05/14/02
ACTION ITEMS (Continued)
9. CONSIDERATION OF ADOPTION OF A RESOLUTION APPROVING A DECISION
TO NOT EXTEND THE AGREEMENT WITH ORGANIC RECYCLING WEST FOR
COMPOSTING SERVICES, AND APPROVING A FRANCHISE
IMPLEMENTATION AGREEMENT WITH PACIFIC WASTE SERVICES FOR THE
USE OF GREEN WASTE AS ALTERNATIVE DAILY COVER (CONTINUED
FROM APRIL 23, 2002)
In 1993, Pacific Waste Services began to collect green waste from Chula Vista generators
as part of the City's recycling program. At that time, Laidlaw contracted directly with
Organic Recycling West to process and market the material collected in Chula Vista. In
May 1997, the City entered into a 60-month agreement with Organic Recycling West,
with two optional extension terms of two years each. Pacific Waste has continued to
deliver the City's green waste to Organic Recycling West since they acquired the City's
solid waste and recycling franchise agreement. On April 23, 2002, the Council directed
staff to work with Organic Recycling West and Pacific Waste Services to clarify and
address the issues regarding the City's diversion of green waste and return to Council.
Staff met with both companies to identify issues and develop alternatives that could
potentially meet everyone's needs. (Special Operations Manager)
Special Operations Manager Meacham stated that since the meeting of April 23, 2002, staff has
been unable to reach a compromise with Mr. Alexander, owner of Organic Recycling West
(ORW), regarding diversion of the City's green waste, and he believed that the proposal by
Pacific Waste Services would better serve the City's green waste needs.
Kevin Kelly, representing ORW, asked the Council to extend the contract to October 1, 2002, in
order to allow Mr. Alexander the opportunity to seek new business.
Fred Alexander, representing ORW, stated that the Integrated Waste Management Board
recently toured ORW's facility and had extended its permit, as well as commended the company
on a well-operated facility. He thanked the Council for its consideration of the request for a six-
month extension, and stated that ORW would like to remain in business and be given the
opportunity to compete with Allied Waste Services.
Richard Flammer, representing ORW, spoke regarding environmental concerns relative to
landfills and green waste. He believed that altemate daily cover is a poor short-term option and a
future liability to the City and the environment. He asked the Council to keep the composting
option open by either sending at least half o£ the City's green waste material to ORW or
providing ORW a six-month extension to soume additional material.
Sherilyn O'Dell, an attorney £or ORW, stated that the City should consider its long-term
interests, and she believed that competition between businesses was a key component in avoiding
predatory pricing.
Councilmember Rindone suggested that ORW look at the possibility of securing a closure bond
for a longer period of time. Assistant City Attomey Googins stated that, should the Council
decide to extend the agreement with ORW, staff could analyze risk mitigation measures, such as
pollution control, insurance, enhanced indemnity, and a closure bond mechanism, that could be
required of ORW.
Page 5 - Council Minutes 05/14/02
ACTION ITEMS (Continued)
Deputy Mayor Padilla stated that the key issues to consider were whether or not ORW could
perform in the future, the timeliness of that performance, and the resulting liability to the City
due to the conditions of the site.
Mayor Horton recommended that staff come back with a transition plan and with proposed
mechanisms to protect the City.
Councilmember Salas asked if the purpose of the six-month extension was to allow ORW to get
rid of the waste inventory on hand or for ORW to develop a greater waste stream. She also
questioned the potential liability to the City, should the six-month extension be granted. Mr.
Meacham replied that if the extension is granted, Pacific Waste would continue to deliver
curbside waste to ORW and to pay ORW monthly for that tonnage. He added that the five-year
contract with ORW has expired, presenting a liability for which the City is not indemnified.
Councilmember Davis pointed out that ORW has not performed to City standards during the
contract period. She expressed concern regarding liability to the City, should the contract be
extended.
Assistant City Attorney Googins suggested that the Council approve staWs recommendations
with the additional direction to analyze the liability issue and seek to develop a risk mitigation,
performance, and marketing program during the proposed 90-day extension period.
ACTION: Councilmember Rindone moved to direct staffto assess the risks and liabilities to
the City of extending the contract with Organic Recycling West (ORW) to
October 1, 2002, to see if ORW is willing to finance the risk mitigation and
provide performance standards, and to report back to the Council in a timely
manner. The motion carried 3-2, with Deputy Mayor Padilla and Councilmember
Davis opposing.
At 8:10 p.m., Mayor Horton recessed the meeting. The meeting reconvened at 8:27 p.m. with all
Councilmembers present.
10. CONSIDERATION OF ACCEPTANCE OF A REPORT REGARDING THE CHULA
VISTA PUBLIC LIBRARY STRATEGIC PLAN 2002-2006
The Chula Vista Public Library completed the development of a strategic plan, providing
a blueprint for library services over the next five years. The plan identifies strategic
initiatives, library service responses, and specific goals and objectives. (Deputy City
Manager Palmer)
Deputy City Manager Palmer summarized the Chula Vista Public Library Strategic Plan for
2002-2006, including the mission and vision statements, values, service responses, strategic
initiatives, and goals and objectives.
Page 6 - Council Minutes 05/14/02
ACTION ITEMS (Continued)
Tris Hubbard, representing the Library Board of Trustees, stated that the board unanimously
endorsed the strategic plan, and he commended Mr. Palmer on an excellent working document.
ACTION: Deputy Mayor Padilla moved to accept the report. Councilmember Rindone
seconded the motion, and it carried 5-0.
11. CONSIDERATION OF APPROVAL OF A CITY-iNITIATED PROPOSAL TO
AMEND THE GROWTH MANAGEMENT ORDINANCE; THE GROWTH
MANAGEMENT PROGRAM; AND THE THRESHOLD STANDARDS AND
GROWTH MANAGEMENT OVERSIGHT COMMISSION POLICY TO ENACT
CORRECTED THRESHOLD STANDARDS FOR POLICE AND FIRE/EMERGENCY
MEDICAL SERVICES, AND A REVISED LIBRARIES THRESHOLD STANDARD
At the May 31, 2001 joint meeting of the Growth Management Oversight Commission
(GMOC), Planning Commission, and City Council, the GMOC presented the 2000
Growth Management Annual Report, which calls for amendments to the threshold
standards for Police, Fire/Emergency Medical Services, and Libraries. The Planning
Commission and City Council unanimously accepted the report and directed staff to
prepare the proposed changes in the threshold standards for formal adoption. (Deputy
City Manager/Library Director, Police Chief, Fire Chief, Director of Planning and
Building)
Senior Management Analyst Burciaga presented a historical perspective on the establishment of
the threshold standards for libraries and public safety services and the reasons for the proposed
changes.
Councilmember Rindone suggested that staff analyze priority one calls that exceed the threshold
standard. Police Chief Emerson responded that such calls are monitored on a daily basis.
ACTION: Councilmember Rindone moved to direct staff to include, in the narrative section
of future annual GMOC reports, the results of the continued examination of cases
with unusual circumstances that exceed a 10-minute response time and
recommendations to address those circumstances; and he offered the following
ordinances and resolutions, headings read, texts waived:
A. ORDINANCE NO. 2859, ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AMENDiNG SECTION 19.09.040 D OF THE
CHULA VISTA MUNICIPAL CODE RELATING TO GROWTH
MANAGEMENT QUALITY OF L1FE THRESHOLD STANDARDS FOR
LIBRARY THRESHOLD STANDARDS
B. ORDINANCE NO. 2860, ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AMENDING SECTIONS 19.09.040 A AND B OF
THE CHULA VISTA MUNICIPAL CODE RELATING TO GROWTH
MANAGEMENT QUALITY OF LiFE THRESHOLD STANDARDS FOR
POLICE AND FIRE/EMERGENCY MEDICAL SERVICES THRESHOLD
STANDARDS
Page 7 - Council Minutes 05/14/02
ACTION ITEMS (Continued)
C. RESOLUTION NO. 2002-158, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA AMENDING SECTION 3.6.1 OF THE CITY'S
GROWTH MANAGEMENT PROGRAM, AND THE LIBRARY THRESHOLD
STANDARD OF THE CITY'S THRESHOLD STANDARDS AND GROWTH
MANAGEMENT OVERSIGHT COMMISSION POLICY
D. RESOLUTION NO. 2002-159, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA AMENDING SECTIONS 3.3.1 A AND B, AND
3.4.1 OF THE CITY'S GROWTH MANAGEMENT PROGRAM, THE POLICE
AND FIRE/EMERGENCY MEDICAL SERVICES THRESHOLD
STANDARDS OF THE CITY'S THRESHOLD STANDARDS, AND THE
GROWTH MANAGEMENT OVERSIGHT COMMISSION POLICY
The motion carried 5-0.
12. CONSIDERATION OF ADOPTION OF A RESOLUTION APPROVING THE
CONSOLIDATED ANNUAL PLAN FOR FISCAL YEAR 2002/2003 COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) AND HOME INVESTMENT
PARTNERSHIP (HOME) PROGRAMS, AND AUTHORIZING TRANSMITTAL OF
THE CONSOLIDATED ANNUAL PLAN TO THE U.S. DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT (HUD)
The City is eligible to receive $2,085,000 in CDBG funds and $935,000 in HOME funds
from the U.S. Department of Housing and Urban Development for 2002/2003.
Combining both CDBG and HOME entitlements, the City will be able to invest a total of
$3,020,000 into the community. (Director of Community Development)
Senior Community Development Specialist Atwood outlined the CDBG consolidated annual
plan and funding recommendations for various programs and projects.
Tris Hubbard, representing Chula Vista Human Services Council, encouraged the Council to
support the continued efforts of the Human Services Council.
Deputy Mayor Padilla stated that three requests were received outside the application process,
and staffhad recommended funding for only two of the three. The unfunded request was for the
Sweetwater Union High School District Blurb magazine, and he proposed that $1,000 be granted
to the magazine.
Councilmember Davis spoke in support of the recommendation by Deputy Mayor Padilla.
ACTION: Mayor Horton moved to approve Deputy Mayor Padilla's request to grant $1,000
to the Sweetwater Union High School District Blurb Magazine by reducing the
CDBG staff administration account by $1,000; and she offered Resolution No.
2002-160, heading read, text waived:
Page 8 - CouncilMinutes 05/14/02
ACTION ITEMS (Continued)
RESOLUTION NO. 2002-160, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA APPROViNG THE CONSOLIDATED
ANNUAL PLAN FOR FISCAL YEAR 2002/2003 COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) AND HOME INVESTMENT
PARTNERSHIP (HOME) PROGRAMS, AND AUTHORIZING
TRANSMITTAL OF THE CONSOLIDATED ANNUAL PLAN TO THE U.S.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD)
The motion carded 5-0.
OTHER BUSINESS
13. CITY MANAGER'S REPORTS
City Manager Rowlands announced that the meeting time and location for the May 30th Council
workshop were changed from 4:00 p.m. at the new Public Works Facility to 3:30 p.m. in the City
Council Conference Room.
Additionally, City Manager Rowlands announced that budget workshops will he held on June 10
and June 12, 2002, at 4:00 p.m., in the Council Conference Room.
B. Report on Assembly Bill 2160.
City Manager Rowlands requested that this item be removed from the agenda.
14. MAYOR'S REPORTS
A. Recommendation from the Chula Vista Chamber of Commeme for ratification of
appointment to the Economic Development Commission - Kevin Carlson.
ACTION: Mayor Horton moved to ratify the appointment of Kevin Carlson to the Economic
Development Commission. Councilmember Davis seconded the motion, and it
carried 5-0.
15. COUNCIL COMMENTS
Councilmember Rindone commented on the excellent Cinco de Mayo event and commended all
who participated.
Councilmember Salas commented on the success of the historic home tour, and she thanked all
those who opened up their homes. She also thanked the companies of Highland Partnership,
Miguel Martin Self, Otay Ranch Company, Otay Land Company, and McMillin Company, who
sponsored the individual homes.
Page 9 - Council Minutes 05/14/02
CLOSED SESSION
16. CONFERENCE WITH LEGAL COUNSEL REGARDiNG EXISTING LITIGATION
PURSUANT TO GOVERNMENT CODE SECTION 54956.9(A)
· San Diego Metropolitan Transit Development Board v. Wells, et al (Case No.
GIC 785925 - San Diego Superior Court)
No action was taken on this item.
17. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE
TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(B)
· One case
This item was not discussed.
ADJOURNMENT
At 9:50 p.m., Mayor Horton adjourned the meeting to the Regular Meeting of May 28, 2002, at
6:00 p.m. in the Council Chambers, and thence to an Adjourned Regular Meeting on May 30,
2002 at 3:30 p.m. in the Council Conference Room.
Susan Bigelow, CMC/AAE, City Clerk
Page 10 - Council Minutes 05/14/02