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HomeMy WebLinkAboutcc min 2002/10/08MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA October 8, 2002 6:00 P.M. A Regular Meeting of the City Council of the City of Chula Vista was called to order at 6:02 p.m. in the Council Chambers, located in the Public Services Building, 276 Fourth Avenue, Chula Vista, California. ROLLCALL: 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 PRESENTATION BY COUNCILMEMBER SALAS OF CERTiFICATES OF RECOGNITION TO SEVEN STUDENTS OF THE BALLET CONSERVATORY OF CHULA VISTA WHO HAVE BEEN INVITED TO PARTICIPATE IN THE MOSCOW BALLET PERFORMANCE OF THE NUTCRACKER Christina Rhonda introduced the seven ballet students, and Councilmember Salas presented each student with a certificate of recognition. INTRODUCTION BY BOB LEITER, DIRECTOR OF PLANNING AND BUILDING, OF THE EMPLOYEE OF THE MONTH, MAUREEN CASPER, SENIOR FISCAL OFFICE SPECIALIST Planning Director Leiter introduced Employee of the Month, Maureen Casper, and Mayor Horton presented her with a proclamation. · INTRODUCTION BY RICK EMERSON, CHIEF OF POLICE, OF NEWLY PROMOTED OFFICERS: Agent John Pene Agent Scott Adkins Agent Mike Walden Police Chief Emerson introduced the recently promoted officers and presented each officer with an Agent badge. · iNTRODUCTION BY ViRGIL PII~A, CHAIRPERSON OF THE HUMAN RELATIONS COMMISSION, OF ESSAY CONTEST AWARD RECIPIENTS: Megan Stroebel, First Place, Middle School Division (Bonita Vista Middle School) Geoffrey Bogart, Second Place, Middle School Division (Bonita Vista Middle School) Charles Gilly, Third Place, Middle School Division (Bonita Vista Middle School) Armando Lopez, First Place, High School Division (Bonita Vista High School) Human Relations Chairperson Pifia introduced the essay contest winners and Mayor Horton presented each recipient with a plaque, certificate of recognition, and a check. SPECIAL ORDERS OF THE DAY (Continued) PRESENTATION BY MAYOR HORTON OF A PROCLAMATION TO EMMA LEWARK, RISK MANAGEMENT SPECIALIST, PROCLAIMiNG THE WEEK OF OCTOBER 7 THROUGH OCTOBER 11, 2002 AS "DRIVE SAFELY WORK WEEK" Mayor Horton read the proclamation and Deputy Mayor Padilla presented it to Emma Lewark, Risk Management Specialist. PRESENTATION BY MAYOR HORTON OF A PROCLAMATION TO DEPUTY CITY MANAGER PALMER, PROMOTING THE MONTH OF OCTOBER AS READING THE GRAPES OF WRATH MONTH 1N CHULA VISTA Mayor Horton read the proclamation and Deputy Mayor Padilla presented it to Deputy City Manager Palmer. OATH OF OFFICE: CESAR PADILLA MOBILEHOME RENT REVIEW COMMISSION City Clerk Bigelow administered the Oath of Office to Cesar Padilla. PRESENTATION BY GARY NORDSTROM OF A PLAQUE TO THE MAYOR AND CITY COUNCIL, COMMEMORATING CANCER AWARENESS, PREVENTION, AND RESEARCH Gary Nordstrom presented the plaque to Mayor Horton, and he requested that it be placed in City Hall as a reminder of cancer awareness. CONSENT CALENDAR (Items 1 through 17) Items #10 and #16 were pulled for discussion by members of the public. Regarding Item #7, Councilmember Rindone asked why the four bids received were substantially lower than the engineer's estimate. Public Works Director Lippitt replied that prices are becoming more competitive. He added that the bids submitted will be used as a standard for future bidding procedures. With reference to Item #12, Councilmember Rindone commented that although there are no new costs created by this item, there are costs associated with it, and he suggested that staff provide cost information in future staff reports. 1. APPROVAL OF MINUTES of September 10 and September 17, 2002. Staff recommendation: Council approve the minutes. 2. WRITTEN COMMUNICATIONS Letter from Zig Kanstul, Chula Vista High School Band Director, requesting contribution of police services, including security, traffic and crowd control, along the route of their annual Band Review on November 9, 2002. Staff recommendation: The letter be referred to staff with the direction to return to Council on October 22, 2002. Page 2 - Council Minutes 10/08/02 CONSENT CALENDAR (Continued) 3A. RESOLUTION NO. 2002-379, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, ACTING IN ITS CAPACITY AS THE LEGISLATiVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 06-I (EASTLAKE - WOODS, VISTAS AND LAND SWAP), DECLARING THE RESULTS OF A SPECIAL ELECTION IN SUCH COMMUNITY FACILITIES DISTRICT AND 1N IMPROVEMENT AREA A AND IMPROVEMENT AREA B THEREOF ORDINANCE NO. 2881, ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 06-I (EASTLAKE - WOODS, VISTAS AND LAND SWAP), AUTHORLZING THE LEVY OF A SPECIAL TAX IN IMPROVEMENT AREA A AND IMPROVEMENT AREA B OF SUCH COMMUNITY FACILITIES DISTRICT On September 10, 2002, Council held a public heating and adopted resolutions to form and establish Community Facilities District No. 06-I (CFD 06-I), declaring the necessity to incur bonded indebtedness for each improvement area, and amending the boundary map. On September 17, 2002, a special election of eligible property owners was held in the City Attorney's office for the purpose of voting on the formation of CFD 06-I. Adoption of the proposed resolution and ordinance continues the formal proceedings by certifying the election results and authorizing the levy of special taxes within CFD 06-I. (Director of Public Works) Staff recommendation: Council adopt the resolution and place the ordinance on first reading. 4A. RESOLUTION NO. 2002-380, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FINAL 'B' MAPS OF CHULA VISTA TRACT NO. 98-06A, OTAY RANCH, VILLAGE ONE WEST SOUTH, NEIGHBORHOODS R-54, R-55, R-57B, R-59B, R-56 UNIT 2, AND R-58 UNIT 2, ACCEPTING ON BEHALF OF THE CITY THE ASSIGNABLE AND IRREVOCABLE GENERAL UTILITY AND ACCESS EASEMENTS AND WALL EASEMENTS GRANTED ON SAID MAPS WITHIN SAID SUBDIVISIONS, APPROVING THE SUBDIVISION LMPROVEMENT AGREEMENTS FOR THE COMPLETION OF IMPROVEMENTS REQUIRED BY SAID SUBDIVISION, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENTS RESOLUTION NO. 2002-381, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE 'B' MAP SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENTS FOR OTAY RANCH VILLAGE ONE WEST SOUTH, NEIGHBORHOODS R-54, R-55, R-57B, R-59B, R-56 UNIT 2, AND R-58 UNIT 2, PORTION OF VILLAGE ONE WEST SOUTH, OTAY RANCH SPA ONE, REQUIRING DEVELOPER TO COMPLY WITH CERTAIN UNFULFILLED CONDITIONS OF RESOLUTION NO. 2002-119 AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENTS On April 24, 2001, the Council approved a Tentative Subdivision Map for Chula Vista Tract 98-06A, Otay Ranch, SPA One, Village One West South. On October 5, 2001, the Council approved Village One West South 'A' Map No. 1. On August 27, 2002, the Council approved four 'B' maps within Village One West South. Adoption of the Page 3 - Council Minutes 10/08/02 CONSENT CALENDAR (Continued) proposed resolutions approves five additional Final 'B' Maps within Village One West South, and five 'B' Map supplemental subdivision improvement agreements. (Director of Public Works) Staff recommendation: Council adopt the resolutions. 5A. RESOLUTION NO. 2002-382, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FINAL 'B' MAP OF CHULA VISTA TRACT NO. 96-04B, OTAY RANCH, VILLAGE F1VE, NEIGHBORHOOD R-39 UNIT 2, ACCEPTING ON BEHALF OF THE CITY THE ASSIGNABLE AND IRREVOCABLE GENERAL UTILITY AND ACCESS EASEMENTS AND WALL EASEMENT GRANTED ON SA1D MAP WITHIN SAID SUBDIVISION, APPROVING THE SUBDIVISION IMPROVEMENT AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS REQUIRED BY SAID SUBDIVISION, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT RESOLUTION NO. 2002-383, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE 'B' MAP SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR OTAY RANCH VILLAGE FIVE, NEIGHBORHOOD R-39 UNIT 2, PORTION OF VILLAGE FIVE, OTAY RANCH SPA ONE, REQUIRING DEVELOPER TO COMPLY WITH CERTAIN UNFULFILLED CONDITIONS OF RESOLUTION NO. 2001-291 AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT On August 28, 2001, the Council approved a revised Tentative Map for Village 5, Neighborhoods R-30 and R-39 of Otay Ranch, SPA One. On August 27, 2002, the Council approved a 'B' Map for Village 5, Neighborhood R-39 Unit 1. Adoption of the resolutions approves a 'B' Map for R-39 Unit 2 and the associated agreements. (Director of Public Works) Staff recommendation: Council adopt the resolutions. RESOLUTION NO. 2002-384, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING CHULA VISTA TRACT NO. 92-02, SALT CREEK RANCH, NEIGHBORHOOD 8, UNIT 3 FINAL MAP; ACCEPTING ON BEHALF OF THE CITY THE VARIOUS PUBLIC EASEMENTS, ALL AS GRANTED ON SAID MAP WITHIN SAID SUBDIVISION, AND APPROVING THE SUBDIVISION IMPROVEMENT AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS REQUIRED BY SAID SUBDIVISION AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT Adoption of the proposed resolution approves the Final Map for Neighborhood 8, Unit 3, and the subdivision improvement agreement. The developer is McMillin Rolling Hills Ranch, LLC. The map for 45 dwelling units brings Rolling Hills Ranch (Salt Creek Ranch) to 1,163 equivalent dwelling units (EDU's), effectively reaching the traffic cap of 1,665 EDU's prior to SR-125 construction. (Director of Public Works) Staffrecommendation: Council adopt the resolution. Page 4 - Council Minutes 10/08/02 CONSENT CALENDAR (Continued) RESOLUTION NO. 2002-385, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING CONTRACT FOR PHASE IV OF THE SALT CREEK GRAVITY SEWER INTERCEPTOR (PROJECT NO. SW-219) TO DON KELLY CONSTRUCTION, INC. IN THE AMOUNT OF $2,769,059 On September 4, 2002, the Director of Public Works received sealed bids for this project. The work for this project includes the installation of various sizes of trunk sewer line pipe. The project extends northerly from the upstream end of the existing Salt Creek sewer line to the existing Olympic Parkway Sewage Pump Station. This project is the third of four construction phases that will ultimately complete the construction of the overall Salt Creek Gravity Sewer Interceptor project. (Director of Public Works) Staff recommendation: Council adopt the resolution. RESOLUTION NO. 2002-386, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING CONTRACT FOR THE TRAFFIC SIGNAL INSTALLATION AT THE INTERSECTION OF OTAY LAKES ROAD AND APACHE DRIVE/MIRACOSTA CIRCLE IN THE CITY OF CHULA VISTA (PROJECT TF-301), AND AUTHORIZING STAFF TO TRANSFER FUNDS FROM THIS PROJECT BACK TO THE TRAFFIC SIGNAL INSTALLATIONS AT THE INTERSECTIONS OF MEDICAL CENTER DRIVE AND MEDICAL CENTER COURT/WILDAUER COURT (TF-296) AND MEDICAL CENTER DRIVE AND EAST NAPLES STREET/EAST NAPLES COURT (TF-297), IN ORDER TO REIMBURSE COSTS BORROWED FROM THE ABOVE- MENTIONED PROJECTS TO PURCHASE EQUIPMENT FOR THE TF-301 PROJECT AHEAD OF SCHEDULE On September 11, 2002, the Director of Public Works received sealed bids for this project. The scope of the project includes the installation of a fully actuated traffic signal system and other work necessary to complete the project. (Director of Public Works) Staffrecommendation: Council adopt the resolution. RESOLUTION NO. 2002-387, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING CHANGE ORDER NO. 1 FOR THE STREET LIGHT iNSTALLATION ON MAIN STREET BETWEEN NIRVANA AVENUE AND HERITAGE ROAD (PROJECT LD-107) AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO EXECUTE SA1D CHANGE ORDER ON BEHALF OF THE CITY On June 18, 2002, the City Council awarded a contract in the amount of $47,100 (plus contingencies of $9,420) to T&M Electric dba Perry Electric for this project. Proposed Change Order No. 1, in the amount of $8,000, is for the relocation of an electrical service point and other associated work necessary to complete the work in accordance with City standards. (Director of Public Works) Staffrecommendation: Council adopt the resolution. Page 5 - Council Minutes 10/08/02 CONSENT CALENDAR (Continued) 11. RESOLUTION NO. 2002-389, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE ADDITION OF THE CALIFORNIA BORDER ALLIANCE GROUP (CBAG) NETWORK ASSISTANT POSITION, AMENDING THE FISCAL YEAR 2003 POLICE DEPARTMENT BUDGET AND APPROPRIATING UNANTICIPATED REVENUES FROM CBAG THEREFOR Adoption of the resolution authorizes the addition of the position of CBAG Network Assistant. (Chief of Police) Staff recommendation: Council adopt the resolution. 12. RESOLUTION NO. 2002-390, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE NATURE CENTER'S PARTICIPATION IN THE AMERICAN ASSOCIATION OF MUSEUMS' RE- ACCREDITATION PROCESS; AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT AND RELATED DOCUMENTS Originally accredited by the American Association of Museums (AAM) in 1992, the Chula Vista Nature Center's accreditation is due to be re-evaluated. The first step in the evaluation process is the completion of a self-study application for submittal to the AAM's Accreditation Commission. (Nature Center Director) Staff recommendation: Council adopt the resolution. 13. RESOLUTION NO. 2002-391, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE CHULA VISTA CHAMBER OF COMMERCE FOR THE PROVISION OF CHULA VISTA CONVENTION AND VISITORS BUREAU PROMOTION SERVICES, AND VISITOR AND TRANSIT INFORMATION SERVICES AT THE CHULA VISTA VISITOR INFORMATION CENTER AND CHAMBER OF COMMERCE MAIN OFFICE FOR THE REMAINDER OF FISCAL YEAR 2003 According to Council Policy No. 230-01, each year the Council considers a budget and related contract with the Chula Vista Chamber of Commerce for a Chula Vista Convention and Visitors Bureau (CVConvis). The budget and contract with the Chamber for operation of the Chula Vista Information Center also receives aImual approval. Staff extended these two agreements for the first quarter of this fiscal year to allow time for the Chamber to begin developing its strategic plan for CVConvis and the Visitor Center, and for the City and Chamber to negotiate a single contract for Council consideration for the provision of these services for the remainder of the fiscal year. (Deputy City Manager Palmer) Staff recommendation: Council adopt the resolution. 14. RESOLUTION NO. 2002-392, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A SALARY ADJUSTMENT FOR THE ANIMAL CONTROL MANAGER CLASSIFICATION IN THE POLICE DEPARTMENT Page 6 - Council Minutes 10/08/02 CONSENT CALENDAR (Continued) Adoption of the resolution approves a request for a salary adjustment for the Animal Control Manager classification. (Director of Human Resources) Staff recommendation: Council adopt the resolution. 15. RESOLUTION NO. 2002-393, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE CITY OF CHULA VISTA AND THE CHULA VISTA MIDDLE SCHOOL FOR THE PROVISION OF EXTENDED BEFORE AND AFTER SCHOOL PROGRAM HOURS, AMENDING THE FISCAL YEAR 2003 RECREATION DEPARTMENT BUDGET BY APPROPRIATING $24,534 IN UNANTICIPATED REVENUE, AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT The Chula Vista Middle School has been awarded a State grant for the provision of additional before and after school programming hours. The School has asked the City Recreation Department to provide these services, via a memorandum of understanding for $24,534. These hours are in addition to the existing after school hours provided by the Department to the School. (Director of Recreation) Staff recommendation: Council adopt the resolution. 17. RESOLUTION NO. 2002-396, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING CLOSURE, WITH CONDITIONS, OF BAY BOULEVARD BETWEEN F AND J STREETS, F STREET WEST OF BAY BOULEVARD, LAGOON DRIVE, MARINA PARKWAY BETWEEN H AND J STREETS, AS WELL AS PORTIONS OF F, G, H, I, AND J STREETS AS NEEDED BETWEEN THE HOURS OF 5:00 A.M. AND 2:00 P.M., ON OCTOBER 27, 2002 FOR THE PURPOSE OF HOLDING THE 2002 ARTURO BARRIOS 5K AND 1 OK RACES For 14 years the City of Chula Vista, the Port of San Diego, and other local private and non-profit entities have sponsored the Arturo Bamos races at the Chula Vista bayfront. The event includes 5K and 10K runs, as well as other activities, on the last Saturday moming in October, and requires City Council approval of certain street closures. The event welcomes a variety of amateur athletes, including members of the Olympic Team, and receives national news media coverage. (Director of Community Development) Staff recommendation: Council adopt the resolution. 10. RESOLUTION NO. 2002-388, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA, PCR SERVICES CORPORATION (CONSULTANT), AND VESTAR DEVELOPMENT II, LLC (APPLICANT), FOR CONSULTING SERVICES FOR PREPARATION AND SUBMITTAL OF AN ENVIRONMENTAL IMPACT REPORT FOR THE COLLEGE MARKETPLACE GENERAL PLAN AMENDMENT, REZONE, TENTATIVE PARCEL MAP, AND PRECISE PLAN, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT The applicant has filed a general plan amendment, rezone, precise plan, and tentative parcel map applications for the College Marketplace project. The Environmental Review Coordinator has determined that the proposed project requires the preparation of an Environmental Impact Report. Adoption of the resolution approves the proposed contract Page 7 - Council Minutes 10/08/02 CONSENT CALENDAR (Continued) with PCR Services Corporation for an amount not to exceed $165,494 to provide consultant services for the preparation of the CEQA-required environmental documents for the proposed project, and an additional $41,374 for additional services should they be necessary. (Director of Planning and Building) Staff recommendation: Council adopt the resolution. Tom Davis stated that Southwestern College is an educational facility that would not be condusive to conducting commercial business, and moreover, that it would be inappropriate to incorporate a strip mall as part of the college. He also spoke regarding the second parcel of land proposed for development, pointing out that the reasoning that the college needs this for financial purposes, is inappropriate, since a large bond issue was recently passed for college ~mprovements. Mr. Davis asked Council to carefully assess the issues when considering approval of the project. Councilmember Rindone commented that the issues raised by Mr. Davis are not City matters, and should therefore be discussed with the appropriate body of elected officials. ACTION: Councilmember Davis moved to approve staff recommendation and offered Resolution No. 2002-388, heading read, text waived. The motion carried 5-0. 16A. RESOLUTION NO. 2002-394, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING CONTRACT FOR THE PLAYGROUND/PARK RENOVATIONS OF TIFFANY PARK (CIP PR-225) AND LOS NllqOS, VALLE L1NDO, AND LANCERLOT PARKS (CIP PR-228) TO 3- D ENTERPRISES, INC., AND TRANSFERRING $31,416 IN AVAILABLE PARKLAND ACQUISITION AND DEVELOPMENT FUNDS FROM CAPITAL IMPROVEMENT PROGRAM PROJECT NO. PR-228 TO CAPITAL IMPROVEMENT PROGRAM PROJECT NO. PR-225 RESOLUTION NO. 2002-395, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING CONTRACT FOR THE PLAYGROUND/PARK RENOVATION OF CONNOLEY PARK (CIP PR-215) TO 3-D ENTERPRISES, INC., AND TRANSFERRING $59,135 IN AVAILABLE PARKLAND ACQUISITION AND DEVELOPMENT FUNDS FROM CAPITAL IMPROVEMENT PROGRAM PROJECT NO. PR-228 TO CAPITAL IMPROVEMENT PROGRAM PROJECT NO. PR-215 On July 31, 2002, the Director of Building and Park Construction received sealed bids for the Los Nifios, Valle Lindo and Lancerlot Parks Renovation Project (C1P PR-228) and the Tiffany Park Renovation Project (CH? PR-225). The work to be done involves the addition of new paving, play equipment, play area surfacing, play area curbs, fencing, drainage improvements, and site furnishing for the parks. (Director of Building and Park Construction) Staff recommendation: Council adopt the resolutions. Max Branscomb proposed that Tiffany Park be re-dedicated in the name of Diane Cousino, who devoted a great deal of her time enhancing community organizations, as well as being instrumental in the construction of Tiffany Park. Mayor Horton referred the proposal to the Parks and Recreation Commission. Page 8 - Council Minutes 10/08/02 CONSENT CALENDAR (Continued) Councilmember Salas believed that it may be more appropriate to design a memorial as a remembrance of Diane Cousino's life and service to the community. ACTION: Councilmember Rindone moved to approve staff recommendation and offered Resolution Nos. 2002-394 and 2002-395, headings read, texts waived. The motion carried 5-0. ORAL COMMUNICATIONS Sally Grant expressed concern regarding construction traffic on Rutgers Avenue, between Otay Lakes Road and East H Street. She stated that she has discussed the issue with Chula Vista Police Officer Carter on several occasions, with his confirmation that Rutgers Avenue is not an approved road for construction vehicles. Ms. Grant informed Council that the construction traffic has continued to increase, beginning prior to 7:00 a.m., with as many as four trucks utilizing the street at one time. She stated that the construction vehicles are creating traffic, safety, and pollution hazards. Ms. Grant requested that appropriate signs be posted at each end of Rutgers Avenue, and to have the Police Department enfome any violations of the City ordinance. Mayor Horton referred the matter to staff to work with all parties involved. Buster Blair referenced a request for a public hearing at a prior Council Meeting regarding a Cable franchise. He stated that the issue had been referred to staff for a report, but that the report was classified as confidential. Mr. Blair was troubled that a classification status was placed on the report. City Attorney Kaheny responded that the issue involves the City's negotiations with the franchise, which entails a great deal of legal analysis, and that the confidentiality is in accordance with the City's rights under the Government Code. PUBLIC HEARiNGS 18. CONSIDERATION OF APPROVAL OF PCC-02-34, A CONDITIONAL USE PERMIT TO iNSTALL, OPERATE AND MAiNTAIN A 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 AT 455 QUAIL COURT APPLICANT: VERIZON WIRELESS (Continued from 09/17/02) 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 heating was held on the date and at the time specified in the notice. Page 9 - Council Minutes 10/08/02 PUBLIC HEARINGS (Continued) Mayor Horton opened the public heating. ACTION: Deputy Mayor Padilla moved to continue the item to the meeting of November 12, 2002. Councilmember Rindone seconded the motion and it carried 5-0. 19. CONSIDERATION OF ADOPTION OF AN URGENCY ORDINANCE MODIFYING THE EXISTING TRANSPORTATION DEVELOPMENT IMPACT FEE AND AMENDING CHAPTER 3.54 OF THE MUNICIPAL CODE On August 13 and September 10, 2002, the Council approved Urgency Ordinance Nos. 2866-A and 2866-B, modifying the Transportation Development Impact Fee and amending Chapter 3.54 of the Municipal Code. The proposed urgency ordinance enables the City to continue to collect the fee during the 60-day waiting period before the regular ordinance becomes effective. (Director of Public Works) 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. Mayor Horton opened the public heating. With no members of the public wishing to speak, she then closed the public hearing. ACTION: Councilmember Rindone moved to approve staff recommendation and offered Urgency Ordinance No. 2882-A, heading read, text waived. URGENCY ORDiNANCE NO. 2866-C, 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 The motion carried 5-0. 20. CONSIDERATION OF THE FORMATION OF COMMUNITY FACILITIES DISTRICT NO. 08M (VILLAGE 6 MCMILLIN OTAY RANCH AND THE OTAY RANCH COMPANY) Adoption of the proposed resolution is the first step in the conclusion of the formal proceedings to establish this district. The district will fund the perpetual operation and maintenance of slopes, medians and parkway, and storm water treatment facilities associated with Village 6. (Director of Public Works) 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. Civil Engineer Serafini presented the project for the Village Six Tentative Maps. Page 10 - Council Minutes 10/08/02 PUBLIC HEARINGS (Continued) Mayor Horton opened the public hearing. Robert Pletcher, representing McMillin Companies stated that he would be available to answer any questions. ACTION: Deputy Mayor Padilla moved to approve staff recommendation and offered Resolution No. 2002-397, heading read, text waived, and to continue the public hearing to the meeting of October 22, 2002. RESOLUTION NO. 2002-397, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA MODIFYING THE RESOLUTION OF INTENT TO FORM COMMUNITY FACILITIES DISTRICT NO. 08M (VILLAGE 6 - MCMILLIN OTAY RANCH AND OTAY RANCH COMPANY) TO MODIFY THE RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX AND DIRECTING THE PREPARATION OF A REPORT OF THE IMPACT OF SUCH PROPOSED MODIFICATION The motion carried 5-0. 21. CONSIDERATION OF AMENDMENTS TO CHAPTERS 19.04 AND 19.48 OF THE MUNICIPAL CODE PERTAINING TO COMMUNITY PURPOSE FACILITIES The proposed Municipal Code amendments would allow private non-profit recreational facilities as a conditionally permitted use in the designated Community Purpose Facilities land use designation, amend the interim uses section to modify the criteria to allow interim uses, and establish a new definition of"community purpose facilities." (Director of Planning and Building) ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING CHAPTERS 19.04 AND 19.48 OF THE CHULA VISTA MUNICIPAL CODE 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. Deputy Mayor Padilla opened the public heating. There were no members of the public wishing to speak. ACTION: Councilmember Davis moved to continue the item to the meeting of October 22, 2002. Councilmember Rindone seconded the motion and it carried 5-0. OTHER BUSINESS 22. CITY MANAGER'S REPORTS City Manager Rowlands announced the dedication of the new Chula Vista Animal Care facility on Saturday, October 19, 2002, from 10:00 a.m. to 4:00 p.m. Page 11 - Council Minutes 10/08/02 CITY MANAGER'S REPORTS (Continued) City Manager Rowlands presented Mayor Horton with a plaque for her part in the 9/11 observance day. 23. MAYOR'S REPORTS · Ratification of appointment of Manuel Soto to the Cultural Arts Commission. ACTION: Mayor Horton moved to ratify the appointment of Manuel Soto to the Cultural Arts Commission. Councilmember Rindone seconded the motion and it carried 5-0. Mayor Horton armounced that AB93 gives the Mayor of Chula Vista the opportunity to appoint the voting member to the new Airport Commission. She asked for input and recommendations from both the Councilmembers and any interested members of the public. 24. COUNCIL COMMENTS Councilmember Davis announced that she recently attended the League of California Cities meeting, where she was appointed to the General Resolutions Committee. CLOSED SESSION 25. CONFERENCE WITH LEGAL COUNSEL REGARDiNG ANTICIPATED LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(B) · One Case No action was taken on this item. ADJOURNMENT At 8:35 p.m., Mayor Horton adjourned the meeting to a Regular Meeting of October 22, 2002, at 6:00 p.m. in the Council Chambers (The meeting of October 15, 2002 has been cancelled). Susan Bigelow, CMC/AAE, City Clerk Page 12 - Council Minutes 10/08/02