HomeMy WebLinkAboutcc min 2002/06/04 MINUTES OF A REGULAR MEETiNG OF THE CITY COUNCIL
OF THE CITY OF CHULA VISTA
June 4, 2002 4:00 P.M.
A Regular Meeting of the City Council of the City of Chula Vista was called to order at 4:10
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
· INTRODUCTION BY JOHN LIPPITT, DIRECTOR OF PUBLIC WORKS, OF THE
EMPLOYEE OF THE MONTH, LOMBARDO DETRINIDAD, CIVIL
ENGINEER/PROJECTS MANAGER IN THE ENGINEERING DIVISION OF THE
DEPARTMENT OF PUBLIC WORKS
Public Works Director Lippitt introduced the employee of the month, Lombardo Detrinidad, and
Mayor Horton presented him with a proclamation.
· PRESENTATION OF A PROCLAMATION BY MAYOR HORTON TO CHRIS
SALOMONE, DIRECTOR OF COMMUNITY DEVELOPMENT, PROCLAIMING
THE WEEK OF JUNE 3, 2002 AS NATIONAL HOMEOWNERSHIP WEEK
Mayor Horton read the proclamation, and Deputy Mayor Padilla presented it to Community
Development Director Salomone.
· PRESENTATION OF A PROCLAMATION BY MAYOR HORTON TO CITY
ATTORNEY KAHENY, PROCLAIMING THE WEEK OF JUNE 9, 2002 AS
MUNICIPAL ATTORNEY'S WEEK
Mayor Horton read the proclamation, and Deputy Mayor Padilla presented it to City Attorney
Kaheny.
· PRESENTATION OF A PROCLAMATION BY MAYOR HORTON TO BEVERLY
ROUSCH, PRESIDENT, CHULA VISTA SENIOR CITIZEN'S CLUB,
RECOGNIZiNG THE CHULA VISTA SENIOR CITIZEN'S CLUB FOR THEIR
FiNANCIAL AND VOLUNTEER CONTRIBUTIONS TO THE NORMAN PARK
CENTER
Mayor Horton read the proclamation, and Deputy Mayor Padilla presented it to Beverly Rousch,
president of Chula Vista Senior Citizen's Club.
SPECIAL ORDERS OF THE DAY (Continued)
· PRESENTATION OF A PROCLAMATION BY MAYOR HORTON TO LI XI,
CHINESE TEACHER AT HILLTOP HIGH SCHOOL
Mayor Horton read the proclamation, and Councilmember Rindone presented it to Ms. Li Xi.
· PRESENTATION BY JACK BLAKELY, EXECUTIVE DIRECTOR OF THE
DOWNTOWN BUSINESS ASSOCIATION AND DAN BIGGS, WEB CONSULTANT,
DEMONSTRATING THE DOWNTOWN BUSINESS ASSOCIATION'S NEW
INTERNET WEB SITE
Jack Blakely, Executive Director of the Downtown Business Association, introduced consultant
Dan Biggs, who presented the Downtown Business Association's new internet web site.
· PRESENTATION BY CHUCK COLE OF ADVOCATION, INC. REGARDING THE
STATE BUDGET OUTLOOK
Intergovernmental Affairs Coordinator Kelly introduced Bill Dohring and Chuck Cole of
Advocation, Inc., who updated the Council on the state budget and its implications to Chula
Vista.
CONSENT CALENDAR
(Items 1 through 7)
1. RESOLUTION NO. 2002-181, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING A PURCHASING
AGREEMENT FOR TREE TRIMMING SERVICES FOR FISCAL YEAR 2001/2002
TO AZTEC LANDSCAPING INC., IN THE AMOUNT OF $200,000
On April 4, 2002, six bids for tree trimming services were opened. Considering the low
bidder for each item, three different vendors submitted low bids; however, staff
recommends that only one bidder, Aztec Landscaping Inc., be awarded the contract.
(Director of Public Works)
Staff recommendation: Council adopt the resolution.
2. RESOLUTION NO. 2002-182, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE COMMUNITY DEVELOPMENT
BLOCK GRANT AGREEMENTS FOR FISCAL YEAR 2002/2003 BETWEEN THE
CITY OF CHULA VISTA AND VARIOUS COMMUNITY GROUPS, AND
AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENTS
On May 14, 2002, the Council approved Community Development Block Grant (CDBG)
funds in the amount of $308,484 for thirteen public service programs; $265,079 for three
community project programs; $186,961 for five economic development programs;
$297,600 for two non-profit capital improvement projects; $940,816 for four City capital
improvement projects; and $417,000 for administration and planning/coordination
activities. The U.S. Department of Housing and Urban Development requires a written
agreement between the City and each sub-recipient receiving CDBG and HOME funds.
(Director of Community Development)
Staff recommendation: Council adopt the resolution.
Page 2 - Council Minutes 06/04/02
CONSENT CALENDAR (Continued)
3. RESOLUTION NO. 2002-183, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING A FIRST AMENDMENT TO THE
AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND VAN DYKE, L.L.P.,
LANDSCAPE ARCHITECTS FOR LANDSCAPE ARCHITECTURAL SERVICES,
AND AUTHORIZING THE MAYOR TO EXECUTE SAID FIRST AMENDMENT
The Council approved a contract with Van Dyke, LLP for landscape architectural
services on December 11, 2001. Adoption of the resolution approves an amendment to
that contract to include the provision for a topographic survey by RBF Consulting.
(Director of Building and Park Construction)
Staff recommendation: Council adopt the resolution.
4. RESOLUTION NO. 2002-184, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA WAIVING THE CITY'S FORMAL BIDDING PROCESS,
AWARDING THE SPORTS VENUE LIGHTING SYSTEM CONTRACT FOR $82,640
TO MUSCO LIGHTING, LLC, FOR PRODUCT, INSTALLATION, AND
MAINTENANCE OF LIGHTING SYSTEM FOR ROHR PARK SPORTS FIELDS,
AND APPROPRIATING $91,164.74 TO FUND CAPITAL IMPROVEMENT
PROGRAM PROJECT NO. PR-181, BASED ON UNANTICIPATED REVENUE
RECEIVED FROM SPRINT/PCS FOR THE PURPOSE OF LEASING LAND AT
ROHR PARK FOR INSTALLATION OF A COMMUNICATIONS ANTENNA
In an effort to secure the best possible vendor for this project, staff created a sports venue
specification/requirement for the specific needs of the ball field at Rohr Park. Musco
Lighting Systems, a supplier of sports venue lighting systems to municipalities and
school districts, was the only supplier who responded to all of the City's specific
requirements. (Director of Building and Park Construction)
Staff recommendation: Council adopt the resolution.
5. RESOLUTION NO. 2002-185, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING $10,000 1N GRANT FUNDS; APPROVING
THE ASSOCIATED AGREEMENT WITH THE COUNTY OF SAN DIEGO FOR THE
REMODELING OF THE CURRENT BIOSCANNER EXHIBIT AT THE CHULA
VISTA NATURE CENTER; AMENDING THE FISCAL YEAR 2002 BUDGET BY
APPROPRIATING $10,000 TO CAPITAL IMPROVEMENT PROGRAM PROJECT
NO. GG-175, BASED ON UNANTICIPATED REVENUE, AND AUTHORIZING THE
MAYOR TO EXECUTE THE AGREEMENT
The County of San Diego, in an effort to assist the City and the Nature Center in making
improvements to exhibits, has made funds available for the remodeling of the Nature
Center's current bioscanner exhibit. (Nature Center Director)
Staff recommendation: Council adopt the resolution.
Page 3 - Council Minutes 06/04/02
CONSENT CALENDAR (Continued)
6. RESOLUTION NO. 2002-186, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROViNG A THREE-PARTY AGREEMENT
BETWEEN THE CITY OF CHULA VISTA; RBF CONSULTiNG (CONSULTANT);
AND MCMILLIN OTAY RANCH, LLC (APPLICANT), FOR MITIGATION
MONITORING AND ENVIRONMENTAL SERVICES TO BE RENDERED FOR THE
VILLAGE SIX SECTIONAL PLANNING AREA PLAN, AND AUTHORIZING THE
MAYOR TO EXECUTE SAID AGREEMENT
In compliance with state law, a Mitigation Monitoring and Reporting Program has been
adopted by the City Council for the Otay Ranch Village Six Sectional Planning Area
(SPA) Plan. State law requires public agencies to adopt such programs to ensure
effective implementation of mitigation measures. Adoption of the resolution approves
the proposed contract with RBF Consulting, for a total of $43,190, to provide consulting
services as the Environmental Monitor Specialist for the Village Six SPA Plan EIR 98-01
(McMillin/Catholic Diocese ownership) for a period of five years. RBF Consulting will
have contracts with a combined total exceeding $50,000 within the upcoming 12 months;
therefore, Council approval is necessary. (Director of Planning and Building)
Staff recommendation: Council adopt the resolution.
7. RESOLUTION NO. 2002-187, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING A THREE-PARTY AGREEMENT
BETWEEN THE CITY OF CHULA VISTA; RBF CONSULTiNG (CONSULTANT);
AND OTAY PROJECT L.P. (APPLICANT), FOR MITIGATION MONITORING AND
ENVIRONMENTAL SERVICES TO BE RENDERED FOR THE VILLAGE SIX
SECTIONAL PLANNING AREA PLAN, AND AUTHORIZING THE MAYOR TO
EXECUTE SAiD AGREEMENT
In compliance with state law, a Mitigation Monitoring and Reporting Program has been
adopted by the City Council for the Otay Ranch Village Six Sectional Planning Area
(SPA) Plan. State Law requires public agencies to adopt such programs to ensure
effective implementation of mitigation measures. Adoption of the resolution approves
the proposed contract with RBF Consulting for a total of $42,050 to provide consulting
services as the Environmental Monitor Specialist for the Village Six SPA Plan EIR 98-01
(Otay Ranch Company Ownership) for a period of five years. RBF Consulting will have
contracts with a combined total exceeding $50,000 within the upcoming 12 months;
therefore, Council approval is necessary. (Director of Planning and Building)
Staffrecommendation: Council adopt the resolution.
ACTION: Couneilmember Rindone moved to approve stafPs recommendations and offered
the Consent Calendar, headings read, texts waived. The motion carried 5-0.
ORAL COMMUNICATIONS
Paul Allen, representing Chula Vista Transit Local Union 1309, expressed concern regarding
workforce vacation benefits to be provided by American Transit Corporation for fiscal year
2002-2003. Mayor Horton asked staff to investigate the matter and contact Mr. Allen with a
response.
Page 4 - Council Minutes 06/04/02
PUBLIC HEARINGS
8. CONSIDERATION OF ACQUISITION OF RIGHTS-OF-WAY ON PORTIONS OF
CERTA1N PROPERTIES FOR CONSTRUCTION OF PHASE III OF THE SALT
CREEK GRAVITY SEWER INTERCEPTOR PROJECT (SW-219)
The Council certified an environmental impact report on July 17, 2001. It included an
analysis of four possible alignments for the construction of phase III of the Salt Creek
gravity sewer interceptor. Adoption of the resolutions approves the acquisition of certain
rights-of-way and approves the proposed project alignment for the sewer interceptor.
The affected property owners have been sent offer documents, offering to purchase the
properties, subject to Council approval. Negotiations to purchase the needed rights-of-
way will continue in the hope that settlement will be reached with the owners without
having to obtain a final order of condemnation from the court. The Council is requested
at this time to initiate eminent domain proceedings for the subject properties in the event
that negotiations with the property owners ultimately prove to be unsuccessful, and to
ensure that timely possession can be secured to meet construction timelines. (Director of
Public Works)
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.
Public Works Director Lippitt presented the four policy options for the Salt Creek gravity sewer
interceptor project and recommended that the Council approve policy option 3. Environmental
Review Coordinator Ponseggi discussed the environmental report for the project.
Mayor Horton opened the public heating.
Simon Malk, representing Otay Land Company, spoke in support of the project but added that
Otay Ranch currently opposes the City's valuation. An agreement with the City has not yet
been reached concerning Otay's proposal to provide the easements for free, in exchange for
access to the sewer line. Senior Assistant City Attorney Moore stated that it is the intent of the
City to continue to negotiate in good faith with Otay Land Company, and all other involved
property owners, until all parties have reached a written agreement.
With no further members of the public wishing to speak, Mayor Horton closed the public
heating.
ACTION: Councilmember Davis offered Resolution Nos. 2002-188 and 2002-189, headings
read, texts waived:
A. RESOLUTION NO. 2002-188, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA DETERMINING AND DECLARING THE
PUBLIC NECESSITY TO ACQUIRE CERTAIN RIGHTS-OF-WAY ON
PORTIONS OF ASSESSOR PARCEL NUMBERS 644-060-07, 644-060-12,
645-030-19, 646-010-02, 644-060-11,646-010-03,644-080-09, 644-090-04, 644-
060-06, AND 644-090-03, FOR CONSTRUCTION OF PHASE III OF THE
SALT CREEK GRAVITY SEWER INTERCEPTOR (PROJECT SW-219), AND
AUTHORIZING THE COMMENCEMENT OF CONDEMNATION
PROCEEDINGS BY OUTSIDE COUNSEL TO ACQUIRE SAID RIGHTS-OF-
WAY
Page 5 - Council Minutes 06/04/02
PUBLIC HEARINGS (Continued)
B. RESOLUTION NO. 2002-189, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA ADOPTING POLICY OPTION 3 AS THE
PROJECT ALIGNMENT FOR THE CONSTRUCTION OF THE SALT CREEK
GRAVITY SEWER INTERCEPTOR
The motion carried 5-0.
BOARD AND COMMISSION RECOMMENDATIONS
9. CONSIDERATION OF ADOPTION OF A RESOLUTION APPROViNG SUBMITTAL
TO THE SAN DIEGO PORT DISTRICT FOR FINAL APPROVAL AND FUNDING
OF TWO PUBLIC ART PIECES, "IN-DEPENDENCE" AND "FEATHERWlND", FOR
PLACEMENT ON THE CHULA VISTA BAYFRONT
In December 2001, the Council accepted a report from the Cultural Arts Commission
outlining a selection process for a piece of monumental public art to be placed on the
Chula Vista Bayfront, under the Port of San Diego's Public Art Program. The Public Art
Committee (a task force of the Commission) completed this selection process on May 7,
2002, and received approval from the Cultural Arts Commission at its meeting on May
13, 2002. After Council approval, the recommendation will be submitted to the San
Diego Port District Public Art Committee and the Board of Port Commissioners. The
selected artists shall enter into the Port's standard contract for public art, and the project
will be under Port supervision. (Cultural Arts Commission/Deputy City Manager
Palmer)
Deputy City Manager Palmer introduced Melody Cernitz, representing the Public Arts Task
Force, who discussed the Port District's public art program. Mr. Palmer stated that City staff
would be discussing potential sites for the artwork with the Port District.
Thomas Brewer, Chair of the Cultural Arts Commission, recommended that the Council approve
the two art pieces, which he believed would enhance the beauty of the bayfront park and create a
destination point for residents and tourists.
ACTION: Mayor Horton offered Resolution No. 2002-190, heading read, text waived:
RESOLUTION NO. 2002-190, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA APPROVING SUBMITTAL TO THE SAN
DIEGO PORT DISTRICT FOR FINAL APPROVAL AND FUNDING OF TWO
PUBLIC ART PIECES, "IN-DEPENDENCE" AND "FEATHERWlND", FOR
PLACEMENT ON THE CHULA VISTA BAYFRONT
The motion carried 5-0.
At 5:40 p.m., Mayor Horton recessed the City Council meeting and convened the
Redevelopment Agency meeting. At 6:58 p.m., Deputy Mayor Padilla reconvened the Council
meeting, with Mayor Horton and Councilmember Rindone absent.
Page 6 - Council Minutes 06/04/02
OTHER BUSINESS
10. CITY MANAGER'S REPORTS
City Manager Rowlands reminded the Council of upcoming workshops to be held at 4:00 p.m. in
the Council conference room:
June 6, 2002 - Landscaping for the new Police facility
June 10, 2002 - Budget
June 12, 2002 - Budget
11. MAYOR'S REPORTS
There were none.
12. COUNCIL COMMENTS
Deputy Mayor Padilla congratulated the Downtown Business Association on the success of its
recent "Pet Fest" event.
Councilmember Davis asked staff to review the legislature's proposed change in date for the
primary election and report back to the Council regarding its possible effects on Chula Vista, so
that Council can consider whether or not to take a position on the issue. She also commented on
the success of"Pet Fest."
Councilmember Salas reported that she had attended "Pet Fest," as well; and she agreed with
Councilmember Davis that it would be beneficial for the Council to discuss the timing of
elections.
CLOSED SESSION
13. CONFERENCE WITH REAL PROPERTY NEGOTIATOR PURSUANT TO
GOVERNMENT CODE SECTION 54956.8
CLOSED SESSION (Continued)
Property: Salt Creek Sewer parcel numbers 644-060-07, 644-060-12, 645-
030-19, 646-010-02, 644-060-11, 646-010-03, 644-080-09, 644-
090-04, 644-060-06, and 644-090-03
Negotiating Parties: City of Chula Vista (Linda Bartz, Rick Ryals); Stephen and Mary
Birch Foundation, Inc., a Delaware Corporation; Otay Land
Company, LLC, a Delaware Limited Liability Company; United
Enterprises, LTD, a California Limited Liability Partnership;
Jewels of Charity, Inc., a New Jersey Corporation.
Under Negotiation: Price and terms for acquisition.
This item was not discussed.
Page 7 - Council Minutes 06/04/02
CLOSED SESSION (Continued)
14. CONFERENCE WITH LEGAL COUNSEL REGARDING ANTICIPATED
LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(B)
Two cases
This item was not discussed.
ADJOURNMENT
At 7:10 p.m., Deputy Mayor Padilla adjourned the meeting to an Adjourned Regular Meeting on
June 6, 2002 at 4:00 p.m. in the Council conference room, thence to an Adjourned Regular
Meeting on June 10, 2002 at 4:00 p.m. in the Council conference room, thence to the Regular
Meeting of June 11, 2002, at 6:00 p.m. in the Council Chambers, and thence to an Adjourned
Regular Meeting on June 12, 2002 at 4:00 p.m. in the Council conference room.
Susan Bigelow, CMC/AAE City Clerk
Page 8 - Council Minutes 06/04/02