HomeMy WebLinkAboutcc min 2002/06/11 MINUTES OF A REGULAR MEETiNG OF THE CITY COUNCIL
OF THE CITY OF CHULA VISTA
June 11, 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
CONSENT CALENDAR
(Items 1 through 10)
1. APPROVAL OF MINUTES of May 28, 2002.
Staffrecommendation: Council approve the minutes.
2. WRITTEN COMMUNICATIONS
Letter of resignation from Robert Tugenberg, member of the Growth Management
Oversight Commission.
Staff recommendation: Council accept the resignation and direct the City Clerk to post
immediately in accordance with Maddy Act requirements.
3. RESOLUTION NO. 2002-194, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROViNG THE ENGINEER'S REPORTS FOR THE
FISCAL YEAR 2002/2003 SPREAD OF ASSESSMENTS FOR OPEN SPACE
DISTRICTS 1 THROUGH 9, 15, 17, 18, 20, 23, 24, 26, 31 AND 33, BAY
BOULEVARD MAiNTENANCE DISTRICT, AND EASTLAKE MAiNTENANCE
DISTRICT NO. 1; DECLARING THE iNTENTION TO LEVY AND COLLECT
ASSESSMENTS; AND SETTING JULY 23, 2002 AT 6:00 P.M. AS THE DATE AND
TIME FOR A PUBLIC HEARING REGARDING THESE ASSESSMENTS
The City administers approximately 25 open space districts established over the last 30
years. The districts provide the mechanism to finance the maintenance of common open
space areas (canyons, trails, medians, etc.) associated with, and benefiting from, that
particular development. As part of this process, a levy of an annual assessment is
necessary to enable the City to collect funds for ongoing and proposed open space
maintenance. (Director of Public Works)
Staffrecommendation: Council adopt the resolution.
CONSENT CALENDAR (Continued)
4. RESOLUTION NO. 2002-195, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE ENGINEER'S REPORT FOR THE
FISCAL YEAR 2002/2003 SPREAD OF ASSESSMENTS FOR OPEN SPACE
DISTRICT 10; DECLARING THE INTENTION TO LEVY AND COLLECT
ASSESSMENTS; AND SETTING JULY 23, 2002 AT 6:00 P.M. AS THE DATE AND
TIME FOR A PUBLIC HEARING REGARDING THESE ASSESSMENTS
This is one of three companion agenda items to agenda item 3 that gives all the
background information and details on open space districts in general applicable to this
item, but does not include specific information on Open Space Districts 10, 11 and 14.
Based upon the advice of the City Attorney, agenda items 4, 5, and 6 have been separated
from agenda item 3 due to conflict of interest concerns. One Councilmember owns
property subject to the proposed assessment in this district. (Director of Public Works)
Staffrecommendation: Council adopt the resolution.
5. RESOLUTION NO. 2002-196, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE ENGINEER'S REPORT FOR THE
FISCAL YEAR 2002/2003 SPREAD OF ASSESSMENTS FOR OPEN SPACE
DISTRICT 11; DECLARING THE INTENTION TO LEVY AND COLLECT
ASSESSMENTS; AND SETTING JULY 23, 2002 AT 6:00 P.M. AS THE DATE AND
TIME FOR A PUBLIC HEARING REGARDING THESE ASSESSMENTS
This is one of three companion agenda items to agenda item 3 that gives all the
background information and details on open space districts in general applicable to this
item, but does not include specific information on Open Space Districts 10, 11 and 14.
Based upon the advice of the City Attorney, agenda items 4, 5, and 6 have been separated
from agenda item 3 due to conflict of interest concerns. One Councilmember owns
property subject to the proposed assessment in this district. (Director of Public Works)
Staffrecommendation: Council adopt the resolution.
6. RESOLUTION NO. 2002-197, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE ENGINEER'S REPORT FOR THE
FISCAL YEAR 2002/2003 SPREAD OF ASSESSMENTS FOR OPEN SPACE
DISTRICT 14; DECLARING THE INTENTION TO LEVY AND COLLECT
ASSESSMENTS; AND SETTING JULY 23, 2002 AT 6:00 P.M. AS THE DATE AND
TIME FOR A PUBLIC HEARING REGARDING THESE ASSESSMENTS
This is one of three companion agenda items to agenda item 3 that gives all the
background information and details on open space districts in general applicable to this
item, but does not include specific information on Open Space Districts 10, 11 and 14.
Based upon the advice of the City Attorney, agenda items 4, 5, and 6 have been separated
from agenda item no. 3 due to conflict of interest concems. One Councilmember owns
property subject to the proposed assessment in this district. (Director of Public Works)
Staffrecommendation: Council adopt the resolution.
Page 2 - Council Minutes 06/11/02
CONSENT CALENDAR (Continued)
7. RESOLUTION NO. 2002-198, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE AGREEMENT BETWEEN THE CITY
OF CHULA VISTA AND SAFETY-KLEEN (CALIFORNIA), INC. FOR
HOUSEHOLD HAZARDOUS WASTE MANAGEMENT SERVICES FROM JULY 1,
2002 TO JUNE 30, 2004
A City selection committee selected Safety-Kleen (California), Inc. ("Safety-Kleen")
from a field of three respondents to a request for proposals for a two-year contract.
Adoption of the resolution approves an agreement with Safety-Kleen to provide
household hazardous waste management services and operate the City's permanent
household hazardous waste collection facility from July 1, 2002 to June 30, 2004.
(Special Operations Manager)
Staff recommendation: Council adopt the resolution.
8. RESOLUTION NO. 2002-199, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA DESIGNATING THE HOUSE LOCATED AT 209 'T'
STREET, THE CHESTER SUMNER HOUSE, AS A HISTORIC SITE, AND
PLACING THAT STRUCTURE ON THE CITY OF CHULA VISTA'S LIST OF
HISTORIC SITES AS THE SUMNER-LEE HOUSE, IN ACCORDANCE WITH
MUNICIPAL CODE SECTION 2.32.070(A)
The property owners, Jane Dunham and John Crowe, have requested that their property at
209 'T' Street be considered for inclusion on Chula Vista's List of Historic Sites. The
Resource Conservation Commission considered the designation of the property at its
April 29, 2002 meeting and has recommended that the house be placed on the List of
Historic Sites. (Director of Planning and Building)
Staff recommendation: Council adopt the resolution.
9. RESOLUTION NO. 2002-200, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA DESIGNATING THE HOUSE LOCATED AT 190 "K"
STREET, THE ERLE HALLIBURTON HOUSE, AS A HISTORIC SITE, AND
PLACING THAT STRUCTURE ON THE CITY OF CHULA VISTA'S LIST OF
HISTORIC SITES, IN ACCORDANCE WITH MUNICIPAL CODE SECTION
2.32.070(A
The property owners, James and Bernadette Davis, have requested that their property at
190 "K" Street be considered for inclusion on Chula Vista's List of Historic Sites. The
Resource Conservation Commission considered the designation of the property at its
April 15, 2002 meeting, and has recommended that the house be placed on the List of
Historic Sites. (Director of Planning and Building)
Staff recommendation: Council adopt the resolution.
Page 3 - Council Minutes 06/11/02
CONSENT CALENDAR (Continued)
10. RESOLUTION NO. 2002-201, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA DESIGNATiNG THE HOUSE LOCATED AT 292 SEA
VALE STREET, THE HAROLD PAYTON HOUSE, AS A HISTORIC SITE, AND
PLAC1NG THAT STRUCTURE ON THE CITY OF CHULA VISTA'S LIST OF
HISTORIC SITES, iN ACCORDANCE WITH MUNICIPAL CODE SECTION
2.32.070(A)
The property owner, Eileen Martin, has requested that her property at 292 Sea Vale Street
be considered for inclusion on Chula Vista's List of Historic Sites. The Resource
Conservation Commission considered the designation of the property at its April 15,
2002 meeting, and has recommended that the house be placed on the List of Historic
Sites. (Director of Planning and Building)
Staff recommendation: Council adopt the resolution.
ACTION: Mayor Horton moved to approve staff's recommendations and offered Consent
Calendar Items #1 through #10, headings read, texts waived. The motion carried
5-0, except on Item #4, which carded 4-0-1, with Councilmember Salas
abstaining due to the proximity of her residence to the location; and except on
Item # 5, which carried 4-0-1, with Deputy Mayor Padilla abstaining due to the
proximity of his residence to the location; and except on Item #6, which carried 4-
0-1, with Councilmember Davis abstaining due to the proximity of her residence
to the location.
ORAL COMMUNICATIONS
David Johnson suggested that the City provide the option of paying sewer bills electronically or,
alternatively, the City bill customers annually rather than bi-monthly. Mayor Horton referred
Mr. Johnson's suggestion to the Finance Director.
PUBLIC HEARINGS
11. CONSIDERATION OF APPROVAL OF A CONDITIONAL USE PERMIT PCC-02-39,
TO iNSTALL, OPERATE, AND MAINTAIN AN UNMANNED WIRELESS
COMMUNICATIONS FACILITY AT THE ARCO OLYMPIC TRAINING CENTER
Nextel Communications is requesting permission to construct and operate an unmanned
cellular communications facility at 2800 Olympic Parkway, consisting of one 35-foot
monopalm and four live Canary Island Palms in a configuration that duplicates the five
Olympic tings and a 250 square-foot equipment shelter. (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. -
Page 4 - Council Minutes 06/11/02
PUBLIC HEARINGS (Continued)
Environmental Project Manager Lundstedt presented the conditional use permit for the proposed
Nextel communications facility at the Arco Olympic Training Center.
Mayor Horton opened the public hearing. There being no members of the public wishing to
speak, she then closed the heating.
ACTION: Councilmember Salas offered Resolution No. 2002-202, heading read, text
waived:
RESOLUTION NO. 2002-202, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA GRANTING APPROVAL OF CONDITIONAL
USE PERMIT PCC-02-39, FOR AN UNMANNED CELLULAR
COMMUNICATIONS FACILITY AT THE ARCO OLYMPIC TRAINING
CENTER, 2800 OLYMPIC PARKWAY
The motion carded 5-0.
ACTION ITEMS
12. CONSIDERATION OF SUBMITTAL OF A GRANT APPLICATION FOR LIBRARY
BOND ACT FUNDS TO CONSTRUCT THE RANCHO DEL REY LIBRARY
The City Council directed staff to prepare an application for a California Reading and
Literacy Improvement and Public Library Construction and Renovation Bond Act of
2000 for the construction of the Rancho del Rey Library. Over the past nine months, City
staff and consultants have been working to complete all the necessary pieces of the
Library Bond Act application. (Deputy City Manager Palmer)
Deputy City Manager Palmer explained the application and discussed the proposed Rancho Del
Rey branch library, including the community needs assessment and findings; joint venture
agreement; plan of service; bom-to-read family resource center; library building program;
environmental impacts; project costs; and time table.
Jeff Dawson, representing Carder Johnson, presented the conceptual plans for the project,
including the conceptual design goals; site plan; floor plan; building sections; and elevations.
David Johnson stated that the City needs to find a means to build the proposed library even if the
bond act application is rejected, since he believed that the project would bring the City together.
Councilmember Davis commented that Mr. Palmer is recognized statewide for his expertise and
abilities.
Councilmember Rindone stated that the City needs to look at its resources as one system with
adequate distribution throughout the community.
Page 5 - Council Minutes 06/11/02
ACTION ITEMS (Cominued)
Councilmember Salas commended Mr. Palmer and his staff for their extensive community
outreach and needs assessment, which has resulted in conceptual approval of the plan by the
community as a whole.
ACTION: Councilmember Rindone offered Resolution No. 2002-203, heading read, text
waived:
RESOLUTION NO. 2002-203, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA APPROViNG THE CITY'S APPLICATION
FOR GRANT FUNDS UNDER THE CALIFORNIA READiNG AND
LITERACY IMPROVEMENT AND PUBLIC LIBRARY CONSTRUCTION
AND RENOVATION BOND ACT OF 2000 FOR CONSTRUCTION OF A
NEW LIBRARY AT THE NORTHWEST CORNER OF EAST H STREET AND
PASEO RANCHERO (RANCHO DEL REY BRANCH LIBRARY); MAKING
ALL NECESSARY CERTIFICATIONS, iNCLUDING CERTIFYING THE
LIBRARY PROJECT BUDGET AND COMMITTING LOCAL MATCHING
FUNDS AND SUPPLEMENTAL FUNDS; APPROVING THE JOINT
COOPERATIVE AGREEMENT WITH THE CHULA VISTA ELEMENTARY
SCHOOL DISTRICT FOR THE JOINT VENTURE PROJECT; AUTHORIZING
THE MAYOR TO SIGN SAID AGREEMENT AND EXECUTE ALL
NECESSARY DOCUMENTS TO COMPLETE THE GRANT APPLICATION;
AND CERTIFYING THE MITIGATED NEGATIVE DECLARATION, IS-02-
40
The motion carded 5-0.
At 6:46 p.m., Mayor Horton left the meeting.
OTHER BUSINESS
13. CITY MANAGER'S REPORTS
City Manager Rowlands announced that the following workshops have been scheduled:
June 12, 2002: Budget workshop, 4:00 p.m., Council Conference Room
June 20, 2002: Council/Port Commission tour 0fthe City, 11:30 a.m.
June 26, 2002: Council/Port Commission workshop, 1:30 p.m., at the Port District, to
discuss the vision for the bayfront.
City Manager Rowlands also informed the Council of a memo on the dais from Transit
Coordinator Andy Trujillo in response to questions raised by Mr. Paul Allen at the meeting of
June 4, 2002 regarding workfome vacation benefits to be provided by American Transit
Corporation (ATC) for the period 2002-2003.
Page 6 - Council Minutes 06/11/02
OTHER BUSINESS (Continued)
14. MAYOR'S REPORTS
There were none.
15. COUNCIL COMMENTS
Deputy Mayor Padilla: Direction to staff regarding revision of the Mobilehome
Ordinance (Municipal Code Chapter 9.50):
A. Vacancy control/decontrol issues
B. Disclosure requirements
Deputy Mayor Padilla stated that the purpose of the discussion was to encourage dialogue among
the Councilmembers and to arrive at a consensus on the remaining policy issues regarding the
rent review ordinance. He spoke regarding a) vacancy control/decontrol, stating that the rent
review process needs to be one that is consistent with the City's policy objectives to balance the
interests of the park owners to receive a reasonable rate of return and the interests of park tenants
to receive a reasonable retum on their rental dollars; and b) disclosure, explaining the importance
of providing language in the ordinance that includes the ability by commissioners, when
conducting heatings, to request all of the relevant financial information necessary to make an
analysis.
Councilmember Salas suggested that the best course of action would be to bring all interested
parties together for mediation of the issues.
Councilmember Rindone stated that it would be appropriate for all interested parties to
participate in a mediation process, which he believed would allow dialogue to continue prior to
the recommendation of a final ordinance.
Councilmember Rindone moved to accept the direction by Deputy Mayor Padilla and for staff to
look at the remaining issues, utilizing the mediation process as an open process to be conducted
in a timely manner. Councilmember Salas seconded the motion.
Councilmember Davis expressed concern regarding the amendment from "may" to "should", as
referenced in the handout by staff pertaining to section 9.50.073 A. 1. of the Municipal Code.
She asked whether the change in wording signifies a subpoena power or a request power. Shawn
Haggerty, representing Best, Best, and Krieger, responded that the current wording would not
signify a subpoena power, but that if a commissioner requests information that is not provided by
the applicant, then as long as the request is relevant to the subject and is required by the
commission, it would serve as a basis for denying the application. Councilmember Davis
believed that it was important to protect the existing mobilehome park residents so that when
they move out, there is some kind of percentage structure implemented on vacancies.
Councilmember Rindone concurred with the comments made by Councilmember Davis.
Page 7 - Council Minutes 06/11/02
COUNCIL COMMENTS (Continued)
Community Development Specialist Hines explained the vacancy control alternatives.
Deputy Mayor Padilla offered a friendly amendment to the motion: to direct staff to contact park
owners and tenants to get them together for discussions and review of the proposed changes.
Fred Dufresne disagreed with a proposed mediation process, stating that it would not work under
any circumstances. He believed that the sliding scale method would be the easiest and most
appropriate method.
Bill Collins believed that the Council should be the decision-makers, not act as a mediator. He
also supported the idea of a sliding scale.
Dennis Chaffey stated that park owners do not want rent control, since they could make more
money without it. He spoke in support of the sliding scale except for the proposed percentages,
which he felt were too high.
The motion failed 2-2, with Councilmembers Davis and Salas voting yes, and Deputy Mayor
Padilla and Councilmember Rindone voting no.
ACTION: Deputy Mayor Padilla moved to direct staff to bring back a proposed ordinance
incorporating the proposed language regarding disclosure, as well as alternatives
with regard to the sliding scale for rent increases when units are purchased by new
owners, for consideration at a public hearing. Councilmember Davis seconded
the motion, and it carded 4-0.
Conncilmember Rindone commended City Manager Rowlands and City staff on an excellent
budget workshop process. He stated that the City has never been in a more fiscally sound
position, in spite of all the major developments underway. He invited the public to attend the
second of two budget workshops on Wednesday, June 12, 2002, at 4:00 p.m., in the Council
conference room.
Councilmember Rindone referenced the memo submitted by Transit Coordinator Trujillo
regarding workforce vacation benefits to be provided by American Transit Corporation and
asked that copies of the memo be sent to all parties involved.
Councilmember Salas announced that the San Diego Junior Theatre has recently signed a lease
for a building on Third Avenue that will be remodeled to provide youth theatre classes.
Councilmember Davis announced that she has applied and will be interviewed this week for the
position of Coastal Conunissioner.
CLOSED SESSION
Deputy Mayor Padilla armonnced that Closed Session was cancelled, and the following items
were not discussed:
Page 8 - Council Minutes 06/11/02
CLOSED SESSION (Continued)
16. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION
PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a)
· Tuchscher vs. City of Chula Vista, Superior Court, County of San Diego, San
Diego Judicial District, Court Case No. GIC758620
17. CONFERENCE WITH LEGAL COUNSEL REGARDING ANTICIPATED
LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(B)
· One case
ADJOURNMENT
At 8:05 p.m., Deputy Mayor Padilla adjourned the meeting to an Adjourned Regular Meeting on
June 12, 2002 at 4:00 p.m. in the Council conference room, and thence to a Regular Meeting on
June 18, 2002, at 6:00 p.m. in the Council Chambers.
Susan Bigelow, CMC, City Clerk
Page 9 - Co~mcil Minutes 06/11/02