HomeMy WebLinkAboutcc min 2002/10/22MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF CHULA VISTA
October 22, 2002
6:00 P.M.
A Regular Meeting of the City Council of the City of Chula Vista was called to order at 6:00
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, Senior Assistant City Attorney Moore,
and City Clerk Bigelow
PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE
SPECIAL ORDERS OF THE DAY
OATHS OF OFFICE:
Manuel Soto - Cultural Arts Commission
Francisco Rios - Parks and Recreation Commission
City Clerk Bigelow administered the oath to Commissioners Soto and Rios, and Deputy Mayor
Padilla presented them with certificates of appointment.
PRESENTATION BY DONALD EPPS, CAMPAIGN ACCOUNT REPRESENTATIVE
FOR UNITED WAY, OF AN "EXCELLENCE IN G1VING" AWARD TO CITY
MANAGER ROWLANDS, RECOGNIZING CHULA VISTA'S LEADERSHIP
CONTRIBUTORS FOR THE 2001 CAMPAIGN
Donald Epps introduced Fred Baranowski, CEO for United Way, who presented City Manager
Rowlands with an "Excellence in Giving" award.
PRESENTATION BY MARILYN PONSEGGI, ENVIRONMENTAL REVIEW
COORDINATOR, REGARDING THE HONORABLE MENTION AWARDED TO
THE CITY FROM THE ASSOCIATION OF ENVIRONMENTAL PROFESSIONALS,
SAN DIEGO CHAPTER, FOR THE POGGI CANYON/OLYMPIC PARKWAY
CREEK RESTORATION PLAN
Marilyn Ponseggi spoke regarding the honorable mention awarded to the City for the Poggi
Canyon/Olympic Parkway Creek restoration plan, and she presented the award to the Mayor and
Council.
SPECIAL ORDERS OF THE DAY (Continued)
PRESENTATION BY ADVOCATION, 1NC. REGARDING THE 2002 LEGISLATIVE
SESSION HELD 1N SACRAMENTO
Chuck Cole and Bill Dohring, representing Advocation Inc., presented an overview of the 2002
legislative session held in Sacramento.
PRESENTATION BY PORT COMMISSIONER HALL OF A STATUS REPORT
REGARDING PORT DISTRICT ISSUES
Commissioner Hall was not present. This item will be discussed at a future meeting.
CONSENT CALENDAR
(Items 1 through 22)
At the request of a member of the public, Item #2B was removed from the Consent Calendar for
separate discussion, and Item #10A was continued to November 5, 2002 at the request of staff.
1. APPROVAL OF MINUTES of October 8, 2002.
Staff recommendation: Council approve the minutes.
2. WRITTEN COMMUNICATIONS
A. Letter of resignation from John McCann, Member of the Planning Commission.
Staffrecommendation: Council accept the resignation and direct the City Clerk to
post immediately according to Maddy Act requirements.
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), AUTHORIZING THE LEVY OF A SPECIAL TAX IN IMPROVEMENT
AREA A AND IMPROVEMENT AREA B OF SUCH COMMUNITY FACILITIES
DISTRICT (SECOND READING AND ADOPTION)
On September 10, 2002, Council held a public heating and adopted resolutions to form
and establish Community Facilities District No. 06-1 (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 ordinance continues the formal proceedings by authorizing the
levy of special taxes within CFD 06-I. (Director of Public Works)
Staff recommendation: Council place the ordinance on second reading for adoption.
Page 2 - Council Minutes 10/22/02
CONSENT CALENDAR (Continued)
CONSIDERATION OF AMENDMENTS TO THE PUBLIC WORKS DEPARTMENT
BUDGET BY ADDING TWO STORM WATER COMPLIANCE INSPECTOR
POSITIONS, ONE SENIOR MAINTENANCE WORKER AND ONE NEW
MAINTENANCE WORKER VII FOR THE STORM WATER PROGRAM (Director of
Public Works)
Staff recommendation: Council continue this item to the meeting of November 5, 2002.
5A.
RESOLUTION NO. 2002-400, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2002/2003 BUDGET BY
APPROPRIATING $59,312 FROM THE UNAPPROPRIATED BALANCE OF THE
GENERAL FUND FOR THE REMAINDER OF THE CURRENT FISCAL YEAR AND
APPROVING ADDITIONAL STAFF, SUPPLIES, AND CONTRACT COSTS FOR
THE PARK MAINTENANCE SECTION OF PUBLIC WORKS
RESOLUTION NO. 2002-401, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2002/2003 BUDGET BY
APPROPRIATING $18,250 FROM THE UNAPPROPRIATED BALANCE OF THE
PUBLIC FACILITIES DEVELOPMENT IMPACT FEE FUND FOR EQUIPMENT
FOR THE PARK MAINTENANCE SECTION OF PUBLIC WORKS
On April 11, 2000, City Council approved the establishment of a maintenance level for
City parks and other property, and a commensurate staff/acreage ratio for the turnover of
recent and future park development and other City property. Consequently, three
Gardener I positions were approved during the two-year budget process for Fiscal Years
2001-2003 for the turnover of 37.25 acres of additional parklands and the new Public
Works Center landscaped areas. However, due to the unanticipated turnover of an
additional 14.20 acres of landscaped areas for the current fiscal year, the Park
Maintenance Section is requesting additional staff and equipment in order to provide the
maintenance levels adopted by Council. (Director of Public Works)
Staffreconunendation: Council adopt the resolutions.
RESOLUTION NO. 2002-402, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA DECLARING THE CITY'S INTENTION TO
UNDERGROUND OVERHEAD UTILITIES ALONG QUINTARD STREET, FROM
THIRD AVENUE TO ORANGE AVENUE, AND SETTING A PUBLIC HEARING
FOR THE FORMATION OF UTILITY UNDERGROUND DISTRICT NUMBER 140
FOR NOVEMBER 12, 2002 AT 6:00 P.M.
On July 1, 2002, Underground Utility Advisory Committee meetings were held at the site
to determine the proposed boundary of an underground utility district for the conversion
of existing overhead utilities. The district's limits extend along Quintard Street, from
Third Avenue to Orange Avenue. (Director of Public Works)
Staff recommendation: Council adopt the resolution.
Page 3 - Council Minutes 10/22/02
CONSENT CALENDAR (Continued)
RESOLUTION NO. 2002-403, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING CONTRACT FOR
THE TRAFFIC SIGNAL INSTALLATIONS AT THE INTERSECTIONS OF
MEDICAL CENTER DRIVE AND MEDICAL CENTER COURT/WlLDAUER
STREET (TF-296) AND MEDICAL CENTER DRIVE AND EAST NAPLES
STREET/EAST NAPLES COURT (TF-297)
On October 2, 2002, the Director of Public Works received sealed bids from three
electrical contractors for this project. The scope of work includes the installation of fully
actuated traffic signal systems and other items necessary to complete the projects.
(Director of Public Works)
Staff recommendation: Council adopt the resolution and award the contract to HMS
Construction, Inc., in the amount of $89,681.
RESOLUTION NO. 2002-404, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AWARDING A PURCHASE AGREEMENT TO DION
INTERNATIONAL TRUCKS, INC., IN THE AMOUNT OF $245,485 FOR ONE
VACUUM SEWER COMBINATION TRUCK THROUGH A COOPERATIVE
PURCHASE WITH THE CITY OF SAN DIEGO
The City of Chula Vista is participating in a current City of San Diego bid from Dion
International Trucks, Inc., for the purchase of one vacuum combination truck. The City of
Chula Vista Municipal Code Section 2.56.140 and Council Resolution No. 6132
authorize the Purchasing Agent to participate in cooperative bids with other government
agencies for the purchase of materials of common usage. There are no vendors in the
City of Chula Vista that normally furnish this type of heavy equipment. (Director of
Public Works)
Staff recommendation: Council adopt the resolution.
RESOLUTION NO. 2002-405, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE FORM OF AN
ACQUISITION/FINANCING AGREEMENT PERTAINING TO COMMUNITY
FACILITIES DISTRICT NO. 2001-2 (MCMILLIN OTAY RANCH VILLAGE SIX)
Adoption of the resolution approves the form of an acquisition/financing agreement
setting forth the terms by which the public improvements shall be financed by
Community Facilities District No. 2001-2. (Director of Public Works)
Staff recommendation: Council adopt the resolution.
IO.B.
RESOLUTION NO. 2002-406, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING A DESIGN BUILD AGREEMENT WITH
RUDOLPH AND SLETTEN, INC., FOR THE PROVISION OF SERVICES
REQUIRED TO DESIGN AND CONSTRUCT F1RE STATION NO. SEVEN,
LOCATED AT THE SOUTHEAST CORNER OF LA MEDIA ROAD AND STREET A
IN VILLAGE TWO OF OTAY RANCH 1N EASTERN CHULA VISTA, AND
AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
Page 4 - Council Minutes 10/22/02
CONSENT CALENDAR (Continued)
The City Council previously approved Capital Improvement Program project no. PS-150,
which involves the construction of a completed and fully functional 12,000 square-foot,
four-bay fire station including the facilities and site work required to provide fire service
to the eastern territories of the City. The project has been bid and is ready to begin the
final design and construction phase. Adoption of the resolution approves the purchase of
the real property and awards Rudolph and Sletten, Inc. a design build agreement for Fire
Station No. Seven. (Director of Building and Park Construction)
Staff recommendation: Council adopt the resolution.
ll.
RATIFICATION OF PROPOSED APPOiNTMENTS TO FILL EIGHT POSITIONS
ON THE GENERAL PLAN UPDATE STEERING COMMITTEE
In July 2002, Council took its initial action to authorize formation of a Steering
Committee and three Subcommittees for the General Plan Update. Staff was to work
through the General Plan Management Team (GPMT) to recommend membership
appointments for ratification by the City Council. Membership for the Subcommittees
was ratified by Council on September 10, 2002. Staff is now returning for ratification of
eight Steering Committee positions. The eight positions were advertised for
approximately one month, and staff has since reviewed the list of interested candidates
with the GPMT, and received its recommendations. (Director of Planning and Building)
Staff recommendation: Council accept the report and ratify the proposed steering
committee members.
12.
ORDINANCE NO. 2882, ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMEND1NG SECTIONS 2.41.040, 2.41.050, AND 2.41.060 OF THE
CHULA VISTA MUNICIPAL CODE RELATING TO THE VOTiNG MEMBERSHIP
OF THE NATURE CENTER BOARD OF TRUSTEES
The recent creation of the advisory board for the Nature Center set the voting
membership at nine members based on the former membership of the Bayfront
Conservancy Trust. This amendment sets the voting membership at a minimum of five
with a maximum of nine in order to afford the Council greater flexibility in making
appointments and still meet quorum requirements for conducting commission business.
(Nature Center Director)
Staff recommendation: Council place the ordinance on first reading.
13.
RESOLUTION NO. 2002-407, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE AGREEMENT WITH SOUTH BAY
VOLKSWAGEN FOR THE DONATION OF A VOLKSWAGEN BEETLE TO THE
CITY'S LIBRARY DEPARTMENT FOR USE AS A "SOUTH BAY BOOK BUG" TO
PROMOTE AWARENESS ABOUT THE DEPARTMENT AND ITS PROGRAMS
Page 5 - Council Minutes 10/22/02
CONSENT CALENDAR (Continued)
South Bay Volkswagen has approached the Library Department about a partnership
whereby the dealership will donate a Volkswagen Beetle and accompanying materials to
the department for one year, to use in a "South Bay Book Bug" program to promote
awareness about the department and its programs. In return, South Bay Volkswagen will
receive recognition as the "South Bay Book Bug" sponsor. Staff recommends approval
of an agreement with the dealership. (Deputy City Manager Palmer)
Staff recommendation: Council adopt the resolution.
14.
RESOLUTION NO. 2002-408, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AUTHORIZING THE MAYOR TO EXECUTE
AGREEMENTS WITH THE SAN DIEGO UNIFIED PORT DISTRICT FOR RECEIPT
OF FINANCIAL ASSISTANCE IN THE AMOUNT OF $48,500 FOR CELEBRATE
CHULA VISTA, $15,000 FOR THE ARTURO BARRIOS INVITATIONAL AND
$15,000 FOR TASTE OF THE ARTS BY THE BAY
This spring, the San Diego Unified Port District (Port District) received funding requests
to partially fund five events or programs in Chula Vista, three of which were submitted
by the City. The Port District granted Chula Vista a lump sum of $78,500, which City
Council allocated at its August 20, 2002 meeting, among three events - Celebrate Chula
Vista, Arturo Barrios Invitational, and Taste of the Arts. The Port District requires that
the City enter into formal agreements, which stipulate conditions and City requirements
for receipt of the approved funding. Adoption of the resolution approves those
agreements for the three events. (Deputy City Manager Palmer)
Staff recommendation: Council adopt the resolution.
15.
RESOLUTION NO. 2002-409, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING RECLASSIFICATION OF FOUR
PROGRAMMER/ANALYST POSITIONS TO LEAD PROGRAMMER/ANALYST,
REMOVING THE ACCOUNTANT AND SENIOR PROCUREMENT SPECIALIST
CLASSIFICATIONS FROM CHULA VISTA EMPLOYEES ASSOCIATION (CVEA),
AND ADDING ACCOUNTANT TO THE CONFIDENTIAL UNIT, AND SENIOR
PROCUREMENT SPECIALIST TO THE MIDDLE MANAGEMENT GROUP,
EFFECTIVE NOVEMBER 1, 2002
The recommendation for reclassification of the Programmer/Analyst positions is based on
the level of job duties and responsibilities, which support more appropriate classification
at the lead level. Similarly, the Senior Procurement Specialist classification should be
Middle Management in recognition of the management duties assigned to that
classification. The recommended reassignment of the Accountant classification to the
Confidential Unit is the result of the positions' involvement in sensitive labor relations
activities and actual/potential supervision of positions in the Confidential Unit. (Director
of Human Resources)
Staff recommendation: Council adopl the resolution.
Page 6 - Council Minutes 10/22/02
CONSENT CALENDAR (Continued)
16.
RESOLUTION NO. 2002-410, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA TRANSFERRING FUNDS FROM THE WORKERS'
COMPENSATION CONTINGENCIES ACCOUNT TO THE iNSURANCE PREMIUM
ACCOUNT TO COVER THE INCREASED PREMIUM FOR EXCESS WORKERS
COMPENSATION INSURANCE
The public entity workers' compensation insurance market in California is in a state of
turmoil as a result of September l lth and recent legislative changes regarding the
provision of benefits in California. Premiums have increased 227.3% over the
2001/2002 policy. This unprecedented increase requires the reallocation of already
appropriated workers' compensation contingency funds to cover the cost of the premium
for Fiscal Year 2002/2003. (Director o f Human Resources)
Staffrecommendation: Council adopt the resolution.
17.
RESOLUTION NO. 2002-411, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING REQUEST FROM THE CHULA VISTA
HIGH SCHOOL BAND AND PAGEANTRY CORP AND THE CHULA VISTA
SCHOOL FOR THE CREATIVE AND PERFORMING ARTS TO CONDUCT THE
SIXTH ANNUAL BAND REVIEW, AUTHORIZING TEMPORARY STREET
CLOSURES, AND WAIVING CITY FEES FOR POLICE SERVICES
The Chula Vista High School Band and Pageantry Corp, in conjunction with the Chula
Vista School for the Creative and Performing Arts, is requesting permission to conduct an
organized band review on Saturday, November 9, 2002. (Chief of Police, Director of
Human Resources, Director of Public Works)
Staff recommendation: Council adopt the resolution.
18.
RESOLUTION NO. 2002-412, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE THREE-PARTY AGREEMENT
BETWEEN THE CITY OF CHULA VISTA, OTAY PROJECT, L.P. (APPLICANT),
AND WIMMER YAMADA CAUGHEY (CONSULTANT) FOR LANDSCAPE
ARCHITECTURAL SERVICES, AND AUTHORIZING THE MAYOR TO EXECUTE
SAID AGREEMENT
The Otay Ranch Company proposes to develop a Neighborhood Park within the Otay
Ranch Village One West project in satisfaction of the parkland obligation for the Village
One West project. (Director of Building and Park Construction)
Staffrecommendation: Council adopt the resolution.
19.
RESOLUTION NO. 2002-413, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE THREE-PARTY AGREEMENT
BETWEEN THE CITY OF CHULA VISTA, OTAY PROJECT, L.P. (APPLICANT),
AND VAN DYKE LLP (CONSULTANT), FOR LANDSCAPE ARCHITECTURAL
SERVICES, AND AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT
Page 7 ~ Council Minutes 10/22/02
CONSENT CALENDAR (Continued)
The Otay Ranch Company proposes to develop a neighborhood park within the Otay
Ranch Village Six project in satisfaction of the parkland obligation for the Village Six
project. (Director of Building and Park Construction)
Staff recommendation: Council adopt the resolution.
20 A.
RESOLUTION NO. 2002-414, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA, ADOPT1NG AN ANNEXATION MAP SHOWING
TERRITORY PROPOSED TO BE ANNEXED TO iMPROVEMENT AREA A OF
COMMUNITY FACILITIES DISTRICT NO. 97-2 (PRESERVE MAINTENANCE
DISTRICT
RESOLUTION NO. 2002-415, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA DECLARING ITS INTENTION TO AUTHORIZE THE
ANNEXATION OF TERRITORY TO IMPROVEMENT AREA A OF COMMUNITY
FACILITIES DISTRICT NO. 97-2 (PRESERVE MAINTENANCE DISTRICT
McMillin Otay Ranch and Otay Ranch Company have requested that the City conduct
proceedings to consider the annexation of territory into Improvement Area A of the
formation of Community Facilities District No. 97-2 [(Preserve Maintenance District)
(CFD 97-2)]. The conditions of approval of the tentative map for Village Six McMillin
Otay Ranch and Village Six Otay Ranch Company require that said annexation be
completed prior to issuance of the first production home building permit. CFD 97-2 was
formed in 1998 and funds the maintenance of areas that have been conveyed to the
preserve in accordance with the Otay Ranch Resoume Management Plan. 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 for the annexation to CFD No. 97-2,
Improvement Area A. (Director of Public Works)
Staff recommendation: Council adopt the resolutions.
21 A.
RESOLUTION NO. 2002-416, RESOLUTION OF THE CITY COUNC1L OF THE
CITY OF CHULA VISTA APPROPRIATING $210,000 FROM THE AVAILABLE
FUND BALANCE OF THE GENERAL FUND TO THE DRAINAGE FACILITIES
MASTER PLAN PROJECT (DR154), AND APPROPRIATING $315,000 FROM THE
AVAILABLE FUND BALANCE OF THE TRUNK SEWER RESERVE FUND TO
THE WASTEWATER MASTER PLAN (SW223)
RESOLUTION NO. 2002-417, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING AN AGREEMENT WITH PBS&J, FOR THE
PREPARATION OF A WASTEWATER MASTER PLAN AND A DRAINAGE
FACILITIES MASTER PLAN FOR THE CITY OF CHULA VISTA AND
AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT ON BEHALF OF
THE CITY
Page 8 - Council Minutes 10/22/02
CONSENT CALENDAR (Continued)
Since the current Wastewater Master Plan was prepared, the City has experienced a
significant amount of growth and has also adopted several land use changes. It is
necessary as part of the current General Plan update to update the City's Wastewater
Master plan and Drainage Facilities Master Plan. This update will analyze the City's
wastewater collection and drainage systems to determine the infrastructures' ability to
support the City for the next 20 years. The master plans will identify system deficiencies,
recommend capital improvement projects and develop financing plans to fund the needed
infrastructure. (Director of Public Works)
Staff recommendation: Council adopt the resolutions.
22.
RESOLUTION NO. 2002-418, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA WAWING IRREGULARITIES, ACCEPTING BDS AND
AWARDING CONTRACT TO HMS CONSTRUCTION, 1N THE AMOUNT OF
$115,314 FOR THE INSTALLATION OF INTERNALLY ILLUMINATED STREET
NAME SIGNS AT VARIOUS LOCATIONS IN THE CITY OF CHULA VISTA FOR
FISCAL YEAR 2000/2001, FISCAL YEAR 2001/2002 AND FISCAL YEAR
2002/2003 (PROJECT TF-279)
On September 11, 2002, the Director of Public Works received sealed bids from five
electrical contractors for this project. It includes the installation of nine internally
illuminated street name signs on traffic mast arms and forty-seven intemally illuminated
street name signs on traffic signal standards. It also includes the rewiring of existing
intersections at four locations: Third Avenue and 'G Street, Second Avenue and 'F'
Street, Bonita Road/'E' Street and Flower Street and only the west leg for Third Avenue
and 'K' Street. (Director of Public Works)
Staffrecommendation: Council adopt the resolution.
ACTION:
Councilmember Rindone moved to approve staff recommendations and offered
Consent Calendar Items #1, #2A, #3 through #9 and #10B through #22, headings
read, texts waived. The motion carried 5-0.
Letter from Carmen Clifton, Fundraising Committee Member for Southwestem College
requesting financial assistance for the Southwestern College Concert Choir to perform in
Pads, France at the Magnificent Notre Dame Cathedral, American Cathedral and
Chartres Cathedral.
Staff recommendation: Council refer this request to the Visual and Performing
Arts Task Force for consideration at their next meeting.
Carmen Clifton, representing the Southwestern College Concert Choir, stated that the choir has
been invited to participate in an international music festival in Pads, France in the spring of
2003. She requested a monetary contribution toward the trip and also invited all to attend the
choir's annual concert performance on December 8, 2002.
ACTION:
Mayor Horton moved to approve staffrecommendation, and offered Consent Item
#2B, heading read, text waived. The motion carded 5-0.
Page 9 - Council Minutes 10/22/02
CONSENT CALENDAR (Continued)
10 A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE PURCHASE AGREEMENT WITH OTAY PROJECT, LP FOR
THE REAL PROPERTY NEEDED FOR FIRE STATION NO. SEVEN, LOCATED AT
THE SOUTHEAST CORNER OF LA MEDIA ROAD AND STREET A IN VILLAGE
TWO OF OTAY RANCH IN EASTERN CHULA VISTA, AND AUTHORIZING THE
MAYOR TO EXECUTE SAID AGREEMENT
This item was continued to the meeting of November 5, 2002 at the request of staff.
ORAL COMMUNICATIONS
Gary Stoval submitted a petition signed by 162 residents opposing the fourth amendment to the
Southwest Redevelopment Plan. He objected to the postponement of a decision on the matter by
the Council to after the upcoming election and stated that the residents are against imminent
domain and the acquisition of personal residences.
Bob McAllister armounced the upcoming groundbreaking for State Route 125, and he thanked
the Council and City staff for their leadership and support of "Citizens for 125." He also spoke
in support of the proposed H Street widening project and the widening of other major
thoroughfares. Mr. McAllister recognized Police Chief Emerson and police officers for their
increased presence in the City's eastern corridors in order to reduce speeding and traffic
fatalities. He thanked Mayor Horton for her leadership during her terms in office, and he wished
Deputy Mayor Padilla and Councilmember Salas luck in the upcoming election. He also urged
all citizens to vote on November 5, 2002.
Commander Bob Solomon spoke regarding the proliferation of illegal political signs posted
throughout the City and submitted photographs of the illegally placed signs. He stated that there
is no deterrent for illegally placed signs other than the City's Code Enfomement crew picking up
and disposing of the signs. Commander Solomon recommended that the current ordinance be
revised to provide a deterrent and also suggested that the fees be reviewed, since no fees are
currently prescribed for politicians but are prescribed for private citizens. Mayor Horton
responded that the matter would be referred to the appropriate department for review and that
Mr. Solomon would be notified of any developments.
James Vashon spoke regarding imminent domain, requesting that further study be limited to only
those properties that are likely to be acquired so that residents can decide whether or not to
proceed with home improvements or sales. He added that residential, commercial, and industrial
properties are all potentially affected by eminent domain. Mayor Horton responded that Mr.
Vashon's comments would be referred to staff.
PUBLIC HEARINGS
Item #26 was taken out of order and considered prior to Item #25.
23.
CONSIDERATION OF THE FORMATION OF COMMUNITY FACILITIES
DISTRICT NO. 08M (VILLAGE SIX MCMILLIN OTAY RANCH AND THE OTAY
RANCH COMPANY - HEARING CONTINUED FROM OCTOBER 8, 2002 Director
o f Public Works)
Page 10 - Council Minutes 10/22/02
PUBLIC HEARINGS (Continued)
Staff recommendation:
November 5, 2002.
Council continue the public hearing to the meeting of
ACTION:
Mayor Horton moved to continue the heating to the meeting of November 5,
2002. Deputy Mayor Padilla seconded the motion, and it carded 5-0.
24.
CONSIDERATION OF AMENDMENTS TO CHAPTERS 19.04 AND 19.48 OF THE
MUNICIPAL CODE PERTAINING TO COMMUNITY PURPOSE FACILITIES
(CONTINUED FROM OCTOBER 8, 2002)
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"conununity purpose facilities." (Director
of Planning and 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 heating. With no members of the public wishing to
speak, he then closed the public heating.
ACTION:
Councilmember Rindone moved to place Ordinance No. 2884 on first reading,
heading read, text waived:
ORDINANCE NO. 2883, ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AMENDING CHAPTERS 19.04 AND 19.48 OF THE
CHULA VISTA MUNICIPAL CODE
The motion carded 5-0.
25.
CONSIDERATION OF ADOPTION OF AN ORDINANCE AND AN URGENCY
ORDINANCE MODIFYING THE EXISTING TELEGRAPH CANYON SEWER
PUMPED FLOWS DEVELOPMENT IMPACT FEE AND A RESOLUTION TO
ACCEPT THE PUMPED SEWER DEVELOPMENT IMPACT FEE ENGINEERING
STUDY PREPARED BY PBS&J
Adoption of the proposed resolution and ordinances approves the modification to the
Telegraph Canyon Sewer Pumped Flows Development Impact Fee fund to include the
addition of the Poggi Canyon Basin Sewer Interceptor to the list of approved Facilities in
Ordinance No. 2582. These modifications will allow the City to use either the Telegraph
Canyon Trunk Sewer or the Poggi Canyon Basin Sewer Interceptor to provide sewer
service to developments within the pumped flow basin until the completion of the Salt
Creek Gravity Sewer Interceptor. It would also result in the decrease of the Development
Impact Fee from $560 to $180 per Equivalent Dwelling Unit. Furthermore, Council is
also being asked to change the name of the development impact fee from "Telegraph
Canyon Sewer Pumped Flows Development Impact Fee" to "Pumped Sewer
Development Impact Fee". 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)
Page 11 - Council Minutes 10/22/02
PUBLIC HEARINGS (Continued)
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.
Mayor Horton opened the public hearing. There being no members of the public wishing to
speak, she then closed the heating.
ACTION:
Councilmember Rindone offered Resolution No. 2002-419 and Urgency
Ordinance No. 2885A for adoption and Ordinance No. 2885 for first reading,
headings read, texts waived:
RESOLUTION NO. 2002-419, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA ACCEPTING A REPORT PREPARED BY
PBS&J RECOMMENDiNG THE UPDATE OF THE TELEGRAPH CANYON
SEWER PUMPED FLOWS DEVELOPMENT IMPACT FEE TO ADDRESS
CAPACITY CONSTRAINTS ON THE TELEGRAPH CANYON TRUNK
SEWER
ORDINANCE NO. 2884, ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AMENDING ORDINANCE 2582 TO ADD THE
POGGI CANYON BASIN SEWER INTERCEPTOR AS ONE OF THE
FACILITIES FINANCED BY THE TELEGRAPH CANYON SEWER
PUMPED FLOWS DEVELOPMENT IMPACT FEE AND TO CHANGE THE
NAME TO PUMPED SEWER DEVELOPMENT IMPACT FEE
URGENCY ORDINANCE NO. 2884-A, ORDiNANCE OF THE CITY
COUNCIL OF THE CITY OF CHULA VISTA AMENDiNG ORDINANCE
2582 TO ADD THE POGGI CANYON BASIN SEWER iNTERCEPTOR AS
ONE OF THE FACILITIES FINANCED BY THE TELEGRAPH CANYON
SEWER PUMPED FLOWS DEVELOPMENT IMPACT FEE AND TO
CHANGE THE NAME TO PUMPED SEWER DEVELOPMENT IMPACT FEE
The motion carded 5-0.
26.
CONSIDERATION OF ADOPTION OF A RESOLUTION APPROVING A
CONDITIONAL USE PERMIT ALLOWiNG FOUR ADDITIONAL 10-FOOT
DIAMETER SATELLITE DISHES AND A 40-FOOT ANTENNA TOWER TO THE
EXISTING CHULA VISTA CABLE FACILITY LOCATED AT 706 'F' STREET
Approval of this permit brings the existing antennas into conformance with the Chula
Vista Municipal Code. The site currently contains six permitted satellite dish antennas, a
small equipment storage building, four satellite dish antennas and a 40-foot antenna
tower erected without permits. (Director of Planning and 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.
City Project Planner Michael Walker presented the provisions of the Conditional Use Permit and
site plan.
Page 12 - Council Minutes 10/22/02
PUBLIC HEARINGS (Continued)
Mayor Horton opened the public hearing.
Martin Altbaum, representing Chula Vista Cable, stated that the Planning Commission had
imposed a condition that the resolution be recorded against the property. Since he does not own
the property, Mr. Altbaum objected to the recording, since it could impede the financing and/or
sale of the property by the property owner. He added that he was in agreement with all other
conditions. Senior Assistant City Attorney Moore responded that Conditional Use Permits nm
with the land and protect the City with respect to all the conditions that are placed on the use of
the property.
With no further members of the public wishing to speak, Mayor Horton closed the public
hearing.
ACTION:
Deputy Mayor Padilla offered Resolution No. 2002-420, heading read, text
waived:
RESOLUTION NO. 2002-420, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA APPROVING A CONDITIONAL USE
PERMIT TO ALLOW FOUR ADDITIONAL 10-FOOT DIAMETER
SATELLITE DISHES AND A 40-FOOT ANTENNA TOWER TO THE
EXISTiNG CHULA VISTA CABLE FACILITY LOCATED AT 706 'F'
STREET
The motion carded 5-0.
27.
CONSIDERATION OF ACQUISITION OF CERTAIN RIGHTS-OF-WAY ON
PORTIONS OF ASSESSORS PARCEL NUMBERS 571-050-21, 571-050-22, AND
571-050-24 (502, 510, AND 646 'H" STREET) IN CONNECTION WITH
CONSTRUCTION OF THE 'H' STREET ROAD IMPROVEMENT AND
BEAUTIFICATION PROJECT
The 'H' Street Road Improvement and Beautification project is intended to improve the
quality and appearance of 'H' Street from Broadway to Interstate 5, and to provide an
enticing entryway to the City's downtown and waterfront areas. The beautification
portion of the project includes reconstructed sidewalks, pedestrian-scale lighting, entry
monuments, street trees, and shrubs. As part of the same project and at the same time,
extensive roadway improvements will be constructed along the same segment of 'H'
Street. (Director of Community Development)
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.
Principal Community Development Specialist Lukes presented the proposed H Street
beautification project and resolution of necessity.
Page 13 - CouncilMinutes 10/22/02
PUBLIC HEARINGS (Continued)
Mayor Horton opened the public heating.
Emilie Stone believed that Council could not make the findings necessary for condemning
properties. She believed that the City's proposal to reduce the current eight-foot sidewalk to five
feet would not be in the best interests of the public, stating that local memhants are dependent
upon pedestrian traffic. She added that the City has an obligation to offer fair market value, and
the appraisal referred to by staff was based on 1999 figures and was not adjusted for inflation or
appreciation of land. She believed that the taking of land by the City was not necessary for the
project to move forward, and that an eight-foot sidewalk would not impact the landscaping. Ms.
Stone believed that the proposed quantity of trees would obstruct the public view of business
signs and storefronts, as well as decrease the income stream to businesses.
Harriet Stone stated that if the City reduces the amount of land on the parcels, the tenants will
want lower rents. She asked the Council to postpone adoption of the proposed resolution for
further study of the project.
Steve Molski stated that the existing sidewalks are not wide enough, and people have to stand in
the street at the trolley station and bus stop on H Street. He urged the Council to look at the issue
from a safety standpoint.
With no further members of the public wishing to speak, Mayor Horton closed the public
heating.
Councilmember Rindone stated that he would prefer to postpone the item for two weeks, in order
to work with the property owners to reach an agreement regarding the sidewalk width.
ACTION:
Councilmember Davis offered Resolution No. 2002-421, heading read, text
waived:
RESOLUTION NO. 2002-421, 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 ASSESSORS PARCEL NUMBERS 571-050-21, 571-050-22,
AND 571-050-24 (502, 510, AND 646 'H' STREET) IN CONNECTION WITH
THE CONSTRUCTION OF THE 'H' STREET ROAD IMPROVEMENT AND
BEAUTIFICATION PROJECT, AND AUTHORIZING THE
COMMENCEMENT OF CONDEMNATION PROCEEDINGS BY OUTSIDE
COUNSEL TO ACQUIRE SAID RIGHTS-OF-WAY AND POSSESSION OF
THE PROPERTY iN THE MANNER PROVIDED BY LAW
The motion caroled 4-1, with Councilmember Rindone voting no.
ACTION ITEMS
28.
CONSIDERATION OF ADOPTION OF A RESOLUTION ACCEPTING A SEARCH
AND RESCUE CANINE FROM THE NATIONAL DISASTER SEARCH DOG
FOUNDATION
Page 14 - Council Minutes 10/22/02
ACTION ITEMS (Continued)
The National Disaster Search Dog Foundation has awarded a search and rescue canine to
the Fire Department. The National Disaster Search Dog Foundation provides
professionally trained disaster search dogs to Urban Search and Rescue firefighter
handlers at no cost. (Fire Chief)
Fire Chief Perry explained the benefits of acquiring a search and rescue canine and then
introduced Firefighter D'Orsi, who gave a presentation on the search and rescue canine.
ACTION:
Councilmember Salas offered Resolution No. 2002-422, heading read, text
waived:
RESOLUTION NO. 2002-422, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA ACCEPTiNG A SEARCH AND RESCUE
CANINE FROM THE NATIONAL DISASTER SEARCH DOG FOUNDATION
AND AMENDING THE FISCAL YEAR 2003 FIRE DEPARTMENT BUDGET
TO ADD RELATED PROGRAM SERVICES AND APPROPRIATING FUNDS
THEREFOR FROM THE UNAPPROPRIATED BALANCE OF THE
GENERAL FUND
The motion carded 5-0.
29.
CONSIDERATION OF ADOPTION OF A RESOLUTION AMENDiNG THE FISCAL
YEAR 2003 BUDGET TO ADD ONE FIRE ENGINEER TO THE FIRE
DEPARTMENT AND TO RE-ESTABLISH THE FIRE EXPLORER PROGRAM
The Fire Department is requesting the advanced hiring of one Fire Engineer position and
re-establishment of the Chula Vista Explorer Program to address department recruitment
and training needs. The addition of this position was intended to coincide with the
opening of Fire Station 7, scheduled to open in September 2003. Advance hiring will
permit the department to begin the recruitment and training process for new positions
associated with Fire Station 7 and anticipated department turnover. The goal of the fire
explorer program is to introduce young men and women to fire service. (Fire Chief)
ACTION:
Deputy Mayor Padilla offered Resolution No. 2002-423, heading read, text
waived:
RESOLUTION NO. 2002-423, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2003
BUDGET TO ADD ONE FIRE ENGiNEER TO THE FIRE DEPARTMENT,
RE-ESTABLISH THE FIRE EXPLORER PROGRAM AND APPROPRIATE
FUNDS THEREFOR FROM THE UNAPPROPRIATED BALANCE OF THE
GENERAL FUND
The motion carried 5-0.
Page 15 - Council Minutes 10/22/02
OTHER BUSiNESS
30. CITY MANAGER'S REPORTS
City Manager Rowlands announced the following upcoming events:
State Route 125 dedication on October 23, 2002, at 11:00 a.m.
Olympic Parkway opening on November 2, 2002, at 10:00 a.m.
He also announced that Council would be conducting evaluations for the City Manager, City
Attorney, and City Clerk on November 11, 2002, at 4:00 p.m., in the Council Conference Room.
31. MAYOR'S REPORTS
A. Ratification of appointment to the Safety Commission John Willett
Mayor Horton moved to ratify the appointment of John Willett. Councilmember Davis seconded
the motion, and it carded 5-0.
B. Ratification of appointment to the Child Care Commission - Kimberly Appleget
Mayor Horton moved to ratify the appointment of Kimberly Appleget. Councilmember Rindone
seconded the motion, and it carried 5-0.
32. COUNCIL COMMENTS
There were none.
CLOSED SESSION
33. CONFERENCE WITH LEGAL COUNSEL REGARDiNG SIGNIFICANT EXPOSURE
TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(B)
· One Case
No action was taken on this item.
ADJOURNMENT
At 8:45 p.m., Mayor Horton adjourned the meeting to the Regular Meeting of November 5,
2002, at 4:00 p.m. in the Council Chambers.
Susan Bigelow, CMC, City Clerk
Page 16 - Council Minutes 10/22/02