HomeMy WebLinkAboutcc min 2002/08/20 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF CHULA VISTA
August 20, 2002 6:00 P.M.
A Regular Meeting of the City Council of the City of Chula Vista was called to order at 6:10
p.m. in thc Council Chambers, located in the Public Services Building, 276 Fourth Avenue,
Chula Vista, California.
ROLL CALL:
PRESENT: Councilmembers Davis, Padilla, and Salas
ABSENT: Councilmembers: Mayor Horton (excused), Councilmember Rindone
(excused)
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
· OATH OF OFFICE:
STEVE CASTANEDA - MOBILEHOME RENT REVIEW COMMISSION
Mr. Castaneda was not present at the meeting.
· PRESENTATION BY LISA COHEN, CHULA VISTA CHAMBER OF COMMERCE,
REGARDING THE CELEBRATE CHULA VISTA FEST1VAL ON SUNDAY,
AUGUST 25, FROM 11 A.M. TO 9 P.M. AT MARINA VIEW PARK
Ms. Cohen spoke of the various activities scheduled for the festival and invited the Council and
community to attend.
· INTRODUCTION BY FIRE CHIEF PERRY, OF THE CREW MEMBERS OF FIRE
STATION NUMBER 5, AND ENGINE COMPANY NUMBER 55, WHO
RESPONDED TO THE RECENT PiNE VALLEY FIRES
Deputy Fire Chief Geering introduced the Fire Department crewmembers who participated in the
Pine Valley fire and described their fire fighting efforts over a two-week period.
· INTRODUCTION BY COUNCILMEMBER SALAS, OF CHULA VISTA RESIDENT,
CAROLINE HESTLER, WHO RECENTLY CELEBRATED HER 100TM BIRTHDAY
Councilmember Salas gave a brief biography of Ms. Hestler's life and indicated that she and
Mayor Horton attended Ms. Hestler's birthday party on Sunday, at which time a proclamation
was presented. Councilmember Davis presented Ms. Hestler with a bouquet of flowers.
CONSENT CALENDAR
(Items 1 through 14)
Deputy Mayor Padilla announced that Items 6, 7, 8, 9, 12, 13 and 14C, which require a 4/5ths
vote, would be removed from the Consent Calendar and continued to August 27, 2002 for
consideration by the full Council. Item 5 was removed from the Consent Calendar for separate
consideration.
1. APPROVAL OF MINUTES of August 6, 2002
Staff recommendation: Council approve the minutes.
2. ORDINANCE NO. 2865, ORDiNANCE OF THE CITY OF CHULA VISTA
AMENDiNG CHAPTER 9.20 OF THE CHULA VISTA MUNICIPAL CODE TO
iNCLUDE LANGUAGE RELATiNG TO REGULATION OF THE USE, POSSESSION
AND SALE OF GLASS ETCHiNG PRODUCTS (SECOND READiNG)
The City has been experiencing a new form of graffiti vandalism known as "acid
etching," which involves the use of a corrosive substance of fluoride compounds, sulfuric
acid and barium sulfate, and it causes permanent damage. Within the past several
months, acid etching vandalism has caused thousands of dollars worth of damage to 16
Chula Vista businesses. The proposed ordinance adds glass etching products to the
definition of covered and controlled graffiti implements. (Chief of Police)
Staff recommendation: Council adopt the ordinance.
3. ORDINANCE NO. 2866, ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE CHAPTER 3.54,
RELATING TO DEVELOPMENT IMPACT FEE TO PAY FOR THE
TRANSPORTATION FACILITIES IN THE CITY'S EASTERN TERRITORIES
(SECOND READiNG)
The City's transportation development impact fee (TDIF) program was established on
January 12, 1988. Since its inception, the program has been updated several times to
reflect new land use approvals, changes to the Circulation Element of the General Plan,
and updated project cost estimates. Adoption of the resolution approves an increase from
the current fee of $6,240 to $8,180 per equivalent dwelling unit. The proposed urgency
ordinance enables the City to collect the fee during the 60-day waiting period before the
regular ordinance becomes effective. (Director of Public Works - continued from the
meeting of 08/06/02)
Staffrecommendation: Council adopt the ordinance.
4. ORDiNANCE NO. 2867, ORDiNANCE OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, ACTING AS THE LEGISLATiVE BODY OF COMMUNITY
FACILITIES DISTRICT NO. 07M (EASTLAKE III- WOODS, VISTAS, AND LAND
SWAP PARCEL), AUTHORIZING THE LEVY OF A SPECIAL TAX WITHiN EACH
IMPROVEMENT AREA OF SUCH COMMUNITY FACILITIES DISTRICT
(SECOND READiNG)
Page 2 - Cotmcil Minutes 08/20/02
CONSENT CALENDAR (Continued)
On July 9, 2002, the Council initiated the Community Facilities District (CFD) No. 07M
proceedings by adopting Resolutions 2002-244 through 2002-246. On August 13, 2002,
the Council held a public heating and introduced the proposed ordinance. The district
will fund the perpetual operation and maintenance of slopes, medians and parkways and
storm water treatment facilities associated with Eastlake III - Woods and Vistas and Land
Swap Parcel (south parcel only). The City has retained the services of MuniFinancial as
special tax consultant and Best Best and Krieger LLP as legal counsel to provide
assistance during the proceedings. (Director of Public Works)
Staff recommendation: Council adopt the ordinance.
6. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ACCEPTING A DONATION IN THE AMOUNT OF $500 AND APPROPRIATING
SAID DONATED FUNDS
The Fire Prevention Bureau recently received a donation in of $500 from Pacific Ship,
Repair and Fabrication, Inc. to sponsor fire prevention programs. The funds will be used
to purchase fire prevention materials and supplies to enhance community outreach
efforts. (Fire Chief)
Staff recommendation: Council adopt the resolution.
7. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ACCEPTING A REFUND 1N THE AMOUNT OF $86,558.44 FROM LITTON
SYSTEMS AND $24,035.70 FROM MOTOROLA AND APPROPRIATING SAID
FUNDS
In October 2001, the Fire Department purchased communications equipment and
software from Litton Systems and Motorola. The equipment and software were needed
for wireless communications between the Fire Department and Heartland Dispatch. After
experiencing various difficulties with the system, the vendors have opted to refund the
City for the original purchase. (Fire Chief)
Staff recommendation: Council adopt the resolution.
8. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING STAFF'S RECOMMENDED FUNDING ALLOCATION FOR THE
$78,500 RECE1VED FROM THE SAN DIEGO UNIFIED PORT DISTRICT'S
FINANCIAL ASSISTANCE PROGRAM FOR SPECIAL EVENTS AND PROGRAMS
FOR FISCAL YEAR 2002-2003, APPROPRIATING $3,000 1N UNANTICIPATED
REVENUE, AND AMENDiNG THE FISCAL YEAR 2003 BUDGET
The San Diego Unified Port District annually conducts a grant process to help member
cities fund special events, programs and projects. This spring, the Port received funding
requests to help partially fund five events or programs in Chula Vista, three of which
were submitted by the City. In the past, the Port has approved specific funding for
specific events in the various member cities. This year, however, the Port granted lump
sum amounts to the member cities, leaving it to the individual cities to detemaine how to
allocate the funding. Chula Vista received a lump sum of $78,500, which City staff has
recommended allocating among three of the five events. (Deputy City Manager Palmer)
Staffrecommendation: Council adopt the resolution.
Page 3 - Council Minutes 08/20/02
CONSENT CALENDAR (Continued)
9. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ALLOCATING AN ADDITIONAL $5,000 IN CDBG FUNDS TO THE ECONOMIC
GARDENING PROGRAM
On June 4, 2002, the Council approved the CDBG budget, which included $10,000 in
funding for the proposed economic gardening program, a collaborative effort between the
City and Southwestern College. The originally requested amount of $15,000 was based
on cost estimates for special GIS software and business analyst software upgrades, in
addition to wages for technical staff, and was matched by Southwestern College to ensure
program quality and effectiveness. The implementation and success of the program will
be determined by the staff's ability to deliver the technical services originally estimated
in the proposal that go beyond the resources that the City or college can currently offer.
Therefore, staff seeks $5,000 to compensate for the shortage in program funding, to be
appropriated from unused CDBG funds in the High Tech/Bio Tech Zone Development
Impact Fee Reduction Program. (Director of Community Development)
Staff recommendation: Council adopt the resolution.
10.A. RESOLUTION NO. 2002-318, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ADOPT1NG A BOUNDARY MAP SHOWING THE
BOUNDARIES OF THE TERRITORY PROPOSED FOR INCLUSION IN PROPOSED
COMMUNITY FACILITIES DISTRICT NO. 08M (OTAY RANCH VILLAGE 6)
B. RESOLUTION NO. 2002-319, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA DECLARING ITS INTENTION TO ESTABLISH
COMMUNITY FACILITIES DISTRICT NO. 08M (OTAY RANCH VILLAGE 6) AND
TO AUTHORIZE THE LEVY OF A SPECIAL TAX THEREIN TO FINANCE
CERTAIN SERVICES
C. RESOLUTION NO. 2002-320, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ORDERING AND DIRECTING THE PREPARATION OF
A COMMUNITY FACILITIES DISTRICT REPORT FOR PROPOSED COMMUNITY
FACILITIES DISTRICT NO. 08M (OTAY RANCH VILLAGE 6)
McMillin Otay Ranch and Otay Ranch Company have requested the City to conduct
proceedings to consider the approval of the formation of Community Facilities District
No. 08M (CFD No. 08M). The conditions of approval of the tentative map for Village 6
McMillin Otay Ranch and Village 60tay Ranch Company require that the CFD be
formed prior to issuance of the first production home building permit. The district will
fund the perpetual operation and maintenance of slopes, medians and parkways, and
storm water treatment facilities associated with Village 6. The City has retained the
services of MuniFinancial as special tax consultant and Best Best and Krieger LLP as
legal counsel to provide assistance during the proceedings. Adoption of the resolutions
initiates the formal proceedings to consider the establishment of CFD No. 08M.
(Director of Public Works)
Staff recommendation: Council adopt the resolutions.
Page 4 - Council Minutes 08/20/02
CONSENT CALENDAR (Continued)
11. RESOLUTION NO. 2002-321, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AUTHORIZING THE CITY ENG1NEER TO ISSUE
ENCROACHMENT PERMIT NO. PE-540 FOR THE INSTALLATION OF A
COMMERCIAL TENANT SIGN FOR THE GATEWAY CENTER LOCATED
WITHIN THE "H" STREET RIGHT-OF-WAY
Gateway Chula Vista, LLC proposes to construct a large commercial tenant sign over an
existing Pacific Bell telephone box within the H Street right-of-way along the new
Gateway project site at Third Avenue and H Street. According to Municipal Code
Section 12.28, any permanent, private facilities, such as private signs, built within the
right-of-way or City easements require Council approval utilizing the encroachment
permit process. (Director of Public Works)
Staff recommendation: Council adopt the resolution.
12. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING THE FISCAL YEAR 2003 BUDGET BY ADDING ONE SPECIAL
PLANNiNG PROJECTS MANAGER POSITION TO THE PLANN1NG AND
BUILDING DEPARTMENT AND APPROPRIATING $98,400 THEREFOR BASED
ON UNANTICIPATED REVENUES FROM DEVELOPER REIMBURSEMENTS
Guiding the planning and initial development of the Eastern Urban Center with existing
staff would necessitate re-prioritizing existing projects. In lieu of this, the developer has
agreed to fund a dedicated senior management position for a period of three years to
process the Eastern Urban Center development plans. (Director of Planning and
Building)
Staff recommendation: Council adopt the resolution.
13. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING THE FISCAL YEAR 2003 BUDGET TO ADD ONE MIDDLE
MANAGEMENT DISASTER PREPAREDNESS MANAGER POSITION IN THE
FIRE DEPARTMENT AND APPROPRIATE FUNDS THEREFOR FROM THE
UNAPPROPRIATED BALANCE OF THE GENERAL FUND
September 11th heightened the need for homeland security measures at the local
government level. Terrorism added a new dimension to traditional disaster preparedness.
The Disaster Preparedness Manager will be responsible for development and
maintenance of a comprehensive emergency preparedness plan and citywide disaster
preparedness training. (Fire Chief)
Staff recommendation: Council adopt the resolution.
14. A. RESOLUTION NO. 2002-322, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA OF INTENTION TO APPROVE 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 SECTION 21354.3 (3%
~ 60 FULL FORMULA) BENEFITS TO ALL ACTIVE MISCELLANEOUS
MEMBERS
Page 5 - Council Minutes 08/20/02
CONSENT CALENDAR (Continued)
B. ORDiNANCE NO. 2868, ORDiNANCE OF THE CITY OF CHULA VISTA
AUTHORIZiNG AN AMENDMENT TO THE CONTRACT BETWEEN THE BOARD
OF ADMiNISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM
AND THE CITY COUNCIL OF THE CITY OF CHULA VISTA TO PROVIDE
SECTION 21354.3 (3% ~ 60 FULL FORMULA) FOR ALL ACTIVE LOCAL
MISCELLANEOUS MEMBERS (FIRST READING)
C. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDiNG THE FISCAL YEAR 2003 BUDGET APPROPRIATiNG FUNDS TO
COVER THE COST OF THE CONTRACT AMENDMENT (4/5THS VOTE
REQUIRED)
On August 28, 2001, the Council approved labor agreements with the City's
miscellaneous employee groups that included certain retirement benefit enhancements.
These actions are the first steps required in the CalPERS contract amendment process in
order to implement the change in the basic pension benefit formula, and the appropriation
of funds is needed to cover the cost of the contract amendment. (Assistant City Manager
Powell)
Staff recommendation: Council adopt the resolutions and place the ordinance on first
reading.
ACTION: Deputy Mayor Padilla moved to approve staff's recommendations and offered
Consent Calendar Items #1 through #4, #10, #11, #14A and #14B, headings read,
texts waived. The motion carried 3-0.
ACTION: Deputy Mayor Padilla then moved to excuse the absences of Mayor Horton and
Councilmember Rindone. Councilmember Davis seconded the motion, and it
carried 3-0.
5. RESOLUTION NO. 2002-317, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AWARDING A PURCHASE AGREEMENT TO PIERCE
MANUFACTURiNG, iNC. FOR ONE TRIPLE COMBiNATION PUMPER, ONE
HEAVY-DUTY LADDER TRUCK AND ONE LIGHT/AIR RESCUE UNIT
During the Fiscal Year 2003 capital improvement project budget process, the Council
approved and appropriated funds for the purchase of one triple combination pumper, one
heavy-duty ladder truck, and one light/air rescue vehicle. The Council also conceptually
approved the purchase of a second heavy-duty ladder truck in Fiscal Year 2004.
Municipal Code {}2.56.140 authorizes the Pumhasing Agent to participate in cooperative
arrangements with other governmental agencies to acquire equipment purchased through
a competitive process. Based on two recent Requests for Bid, the City of San Diego and
the Southem Marin Fire Protection District formally awarded contracts to Pierce
Manufacturing for the purchase of similar equipment. (Fire Chief)
Fire Chief Perry recognized and introduced the Equipment Committee members. Fire Captain
Cappos then described the many ways that the light/air rescue unit will benefit the City, and he
thanked the Cotmcil for sharing the visions of the Department.
ACTION: Cohncilmember Davis offered Resolution No. 2002-317, heading read, text
waived. The motion carried 3-0.
Page 6 - Council Minutes 08/20/02
ORAL COMMUNICATIONS
Susan Walter expressed dismay that Friendship Park may lose some of its open space to a child
care center and may also lose some trees.
PUBLIC HEARINGS
15. CONSIDERATION OF APPROVAL OF PCC-02-34, A CONDITIONAL USE PERMIT
REQUESTED BY VERIZON WIRELESS TO iNSTALL, OPERATE AND MAINTAIN
A WIRELESS COMMLVNICATIONS FACILITY CONSISTiNG OF TWO 15-FOOT-
HIGH MONOPiNES TO SUPPORT A TOTAL OF THREE ANTENNA ARRAYS,
TWO MICROWAVE DISHES, AND ONE GPS ANTENNA; AND AN ASSOCIATED
45-SQUAKE-FOOT EQUIPMENT ENCLOSURE BEHIND A SiNGLE-FAMILY
HOME AT 455 QUAIL COURT
Verizon Wireless has requested a Conditional Use Permit to install, operate and maintain
an unmanned wireless communications facility consisting of two 15-foot-high monopines
to support a total of three antenna arrays, two microwave dishes, and one GPS antenna;
and an associated 45-square-foot equipment enclosure behind a single-family home
located at 455 Quail Court. The monopines proposed would be approximately 70 to 90
feet south of existing Pacific Bell/Cingular antennas located on the same lot. The
Environmental Review Coordinator has concluded that the project is a Class 3(c)
categorical exemption from environmental review (CEQA Section 15303, new
construction of small structures). (Director of Planning & Building)
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.
Deputy Mayor Padilla opened the public hearing. There were no members of the public wishing
to speak. He asked that the written communication received from Rafa¢l Hcrnandez on this item
be included in the Council packet for the meeting o£August 27, 2002.
ACTION: Councilmember Davis moved to continue the hearing to August 27, 2002.
Councilmember Salas seconded the motion, and it carried 3-0.
OTHER BUSiNESS
16. CITY MANAGER'S REPORTS
There were none.
17. MAYOR'S REPORTS
There were none.
18. COUNCIL COMMENTS
There were none.
ADJOURNMENT
At 6:40 p.m., Deputy Mayor Padilla adjourned the meeting to the Regular Meeting of August 27,
2002, at 6:00 p.m.
Susan Bigelow, CMC, City Clerk
Page 7 - Council Minutes 08/20/02