HomeMy WebLinkAboutcc min 2002/12/17- MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF CHULA VISTA
December 17, 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, McCaun, Rindone, Salas, and Mayor Padilla
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 OF A PROCLAMATION BY MAYOR PADILLA TO ERIC
_ BURCH AND DAVE PLATZ OF AMERICAN MEDICAL RESPONSE,
RECOGNIZING THEM FOR EARNING A GOLD STANDARD FOR QUALITY
SERVICES
Mayor Padilla read the proclamation, and Deputy Mayor Rindone presented it to Eric Butch of
American Medical Response.
CONSENT CALENDAR
(Items 1 through 15)
With reference to Item #11, Councilmember Salas asked for an explanation of the $400,000 gap
in the guaranteed maximum price for the construction of Fire Station No. 4. Director of Parks
and Building Construction Campbell responded that as a result of setbacks with the initial
contractor, the City was left with no as-built drawings or materials lists, which resulted in
unfamiliarity with the internal structure of the building. He stated that the principal dollar items
for the project are the restrooms, which will double in size.
Item #14 was removed from the Consent Calendar to be considered as an Action Item at the
request of City Manager Rowlands.
1. WRITI'EN COMMUNICATIONS
Letter of resignation from Virgil Pifia, Member of the Human Relations Commission.
Staff recommendation: Council accept the resignation and direct the City Clerk to post
immediately according to Maddy Act requirements.
CONSENT CALENDAR (Continued)
2. RESOLUTION NO. 2002-513, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING CONTRACT FOR
THE CORRUGATED METAL PIPE (CMP) REHABILITATION PROGRAM
FISCAL YEAR 2001/2002 IN THE CITY OF CHULA VISTA (PROJECT DR-158)
On November 13, 2002, the Director of Public Works received sealed bids for this
project. The work to be done involves the rehabilitation of drainage facilities on Fourth
Avenue and "C" Street at Third Avenue. (Director of Public Works)
Staff recommendation: Council adopt the resolution.
3. RESOLUTION NO. 2002-514, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA TRANSFERRING FUNDS, ACCEPTING BIDS AND
AWARDING CONTRACT FOR THE AMERICANS WITH DISABILITIES ACT
(ADA) CURB CUTS PROGRAM - FISCAL YEAR 2002/2003 ON VARIOUS
STREETS IN THE CITY OF CHULA VISTA (PROJECT STL-282
On November 6, 2002, the Director of Public Works received sealed bids for this project.
The work to be done involves the removal of curb, gutter and sidewalk, and the
construction of pedestrian ramps on various streets in the City. (Director of Public
Works)
Staff recommendation: Council adopt the resolution.
4. RESOLUTION NO. 2002-515, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING CONTRACT FOR
PHASE II OF THE SALT CREEK GRAVITY SEWER INTERCEPTOR (CIP NO. SW-
219) PROJECT TO MODERN CONTINENTAL CONSTRUCTION COMPANY OF
CALIFORNIA, INC. IN THE AMOUNT OF $2,447,067
On November 26, 2002, the Director of Public Works received sealed bids for this
project. The work primarily includes the installation of a 42-inch diameter trunk sewer
line pipe within a steel casing pipe that has a maximum diameter of up to 72 inches. The
project basically extends from the Main Street and Industrial Boulevard intersection to
just west of Interstate 5. (Director of Public Works)
Staff recommendation: Council adopt the resolution.
5 A. RESOLUTION NO. 2002-516, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE FINAL MAP FOR SAN MIGUEL
RANCH PLANNING AREA "C", CHULA VISTA TRACT NO. 99-04; ACCEPTING
ON BEHALF OF THE CITY OF CHULA VISTA THE VARIOUS EASEMENTS, ALL
AS GRANTED ON SAID MAP, WITHIN SAID SUBDIVISION; VACATING ON
BEHALF OF THE CITY OF CHULA VISTA THE VARIOUS EASEMENTS, ALL AS
SHOWN ON SAID 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
Page 2 - Council Minutes 12/17/02
- CONSENT CALENDAR (Continued)
B. RESOLUTION NO. 2002-517, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE FINAL MAP SUPPLEMENTAL
SUBDIVISION IMPROVEMENT AGREEMENT FOR SAN MIGUEL RANCH
PLANNING AREA "C", CHULA VISTA TRACT NO. 99-04, REQUIRING
DEVELOPER TO COMPLY WITH CERTAIN UNFULFILLED CONDITIONS OF
RESOLUTION NO. 2000-068, AND AUTHORIZING THE MAYOR TO EXECUTE
SAID AGREEMENT
On February 29, 2000, the Council approved a Tentative Subdivision Map for Chula
Vista Tract 99-04, San Miguel Ranch. On August 7, 2001, the Council approved San
Miguel Ranch Phases 1, 2 & 4 "A" Map No. 1. Adoption of the resolutions approves the
Planning Area "C" Final Map within Phase 1 of San Miguel Ranch by developer,
Continental Residential Inc. (Director of Public Works)
Staff recommendation: Council adopt the resolutions.
6. RESOLUTION NO. 2002-518, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AMENDING THE GENERAL FUND BUDGET OF THE
PUBLIC WORKS DEPARTMENT TO ADD A NEW PosmoN OF REAL
PROPERTY MANAGER, AND APPROPRIATING FUNDS BASED ON
UNANTICIPATED REVENUE
Chula Vista has grown to a population of nearly 200,000 people and is acquiring massive
amounts of property, with additional needs for more property in the future. In the past,
the City has used the services of consultants for the acquisition of properties. Staff has
proposed that a permanent position of Real Property Manager be created in the Public
Works Department. This position would also provide a valued service for other
departments within the City on an as-needed basis. (Director of Public Works)
Staff recommendation: Council adopt the resolution.
7. RESOLUTION NO. 2002-519, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING AN AGREEMENT WITH THE CITY OF
IMPERIAL BEACH TO RENEW ANIMAL CARE/CONTROL SERVICES
Chula Vista has provided animal control services for the City of Imperial Beach since
1999. Staff has recommended approval of the contract to continue to provide animal care
and control services for the impounding, adoption, redemption, and disposition of dogs,
cats, and other small animals. (Chief of Police)
Staff recommendation: Council adopt the resolution.
8. RESOLUTION NO. 2002-520, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING AND APPROPRIATING $46,623 FROM THE
STATE CALIFORNIA HIGH TECHNOLOGY PROGRAM FOR POLICE
TECHNOLOGY AND AUTHORIZING THE CHIEF OF POLICE TO UTILIZE
(REPROGRAM) SAVINGS RESULTING FROM THE EQUIPMENT
PROCUREMENT PROCESS FOR ADDITIONAL UNSPECIFIED HIGH
TECHNOLOGY EQUIPMENT
Page 3 - Council Minutes 12/17/02
CONSENT CALENDAR (Continued)
As part of this year's state budget, funds were allocated to support technology
improvements in local law enforcement agencies. The City has been allocated $46,623.
(Chief of Police)
Staff recommendation: Council adopt the resolution.
9. RESOLUTION NO. 2002-521, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROPRIATING $1,037,810 FROM THE AVAILABLE
FUND BALANCE OF THE TRANSPORTATION DEVELOPMENT IMPACT FEE
FUND AND TRANSFERRING THOSE MONIES TO THE PUBLIC FACILITIES
DEVELOPMENT IMPACT FEE FUND FOR CONSTRUCTION OF THE EASTLAKE
GYMNASIUM
A loan that was made from the Eastlake Park Development Impact Fee (DIF) portion of
the Transportation DIF Fund in 1996, as part of an agreement with the Eastlake
Development Corporation, was repaid in full on November 11, 2002, with the repaid
funds earmarked for a new Eastlake gymnasium. On November 12, 2002, the Council
approved the creation of a new recreation facilities component of the Public Facilities
DIF, specifically to fund construction of such facilities. Therefore, the Eastiake Park DIF
funds totaling $1,037,810 should now be transferred to the Public Facilities DIF.
(Assistant City Manager Powell)
Staff recommendation: Council adopt the resolution.
10. ORDINANCE NO. 2891, ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTION
8.24.180 UNDER CHAPTER 8.24, "SOLID WASTE AND LIrITFER''
The City has utilized property liens as an effective tool for enforcing the collection of
delinquent trash service accounts for the last eighteen months. This has allowed the City
to collect past due charges via the owner's next property tax bill and also restrict the
transfer or refinancing of the property until the debt is paid. In order for this effective
practice to continue, the County is requiring specific amendments pursuant to Chula
Vista Municipal Code Section 8.24.180, authorizing the imposition of liens and special
assessments. (Assistant City Manager Powell)
Staff recommendation: Council place the ordinance on first reading.
11. RESOLUTION NO. 2002-522, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE AMENDMENT TO THE AGREEMENT
WITH ERICKSON-HALL CONSTRUCTION COMPANY TO INCORPORATE THE
GUARANTEED MAXIMUM PRICE (GMP) OF $1,120,939 FOR THE DESIGN AND
CONSTRUCTION OF A 2,300 SQUARE FOOT ADDITION TO THE EXISTING
FIRE STATION NO. 4, AND APPROPRIATING ADDITIONAL FUNDS THEREFOR
Page 4 - Council Minutes 12/17/02
- CONSENT CALENDAR (Continued)
On November 5, 2002, the Council approved the design/build agreement with Erickson-
Hall Construction Company for the development of plans for the design and construction
of a 2,300 square-foot addition to the existing Fire Station No. 4. The design/build
agreement contained a not-to-exceed price of $771,976, with the guaranteed maximum
price (GMP) to be set upon receipt of 90 percent construction drawings. The project is
nearing the end of the design phase; the construction phase will begin in early January
2003. Adoption of the resolution sets the GMP at $1,120,939. (Director of Building and
Park Construction)
Staff recommendation: Council adopt the resolution.
12. RESOLUTION NO. 2002-523, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING A MITIGATION AGREEMENT BETWEEN
THE CITY OF CHULA VISTA AND BROOKFIELD SHF_Jk OTAY, LLC FOR THE
IMPLEMENTATION OF THE VILLAGE 11 PROJECT, HUNTE PARKWAY
EXTENSION PROJECT, EASTERN OTAY RANCH DRAINAGE FACILITIES
PROJECT, AND THE SALT CREEK INTERCEPTOR SEWER PROJECT, AND
AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
The proposed mitigation agreement between the City and Brookfield Shea Otay, LLC has
- been prepared to identify the mitigation responsibilities of Brookfield Shea Otay, LLC
and the City for impacts to sensitive biological resources resulting from the
implementation of four projects proposed by Brookfield Shea Otay, LLC and the City.
These four projects include: Village 11, Hunte Parkway Extension, Eastern Otay Ranch
drainage facilities, and the Salt Creek interceptor sewer. (Director of Planning and
Building)
Staff recommendation: Council adopt the resolution.
13. RESOLUTION NO. 2002-524, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA CREATING A NEW UNCLASSIFIED AT-WILL
CLASSIFICATION OF WESTERN CHULA VISTA DEVELOPMENT MANAGER,
PLACING THE POSITION IN THE SENIOR MANAGEMENT BENEFIT GROUP,
AND AMENDING THE FISCAL YEAR 2003 BUDGET OF THE ADMINISTRATION
DEPARTMENT
The Western Chula Vista Development Manager position within the City Manager's
office will be responsible for the creation of a comprehensive development strategy for
western Chula Vista. (City Manager)
Staff recommendation: Council adopt the resolution.
14. Item/t14 was moved to Action Items, below.
Page 5~ - Council Minutes 12/17/02
CONSENT CALENDAR (Continued)
15. RESOLUTION NO. 2002-526, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA INCREASING THE ANNUAL SALARY FOR THE
UNCLASSIFIED POSITION OF CITY CLERK TO $106,190 EFFECTIVE JANUARY
1, 2003
Based upon a salary survey of comparable City Clerk positions in other California
municipalities, and a comparison with other Executive and Senior Management positions
within the City structure, it is dear that the current salary assigned to the position of City
Clerk is not commensurate with assigned duties and responsibilities. (City Manager)
Staff recommendation: Council adopt the resolution.
ACTION: Deputy Mayor Rindone moved to approve staff's recommendations and offered
Consent Calendar Items #1 through #13; and Item #15 as amended to eliminate
the word "Western" from the title of "Western Chula Vista Development
Manager," headings read, texts waived. The motion carried 5-0.
ORAL COMMUNICATIONS
Paula Roberts, representing Sweetwater Authority, honored Public Works Director Lippitt with a
trophy on behalf of the Sweetwater Authority Board and managers, thanking him for being
instrumental in establishing an excellent working relationship between the City and the
Authority.
PUBLIC HEARINGS
16. CONSIDERATION OF ADOPTION OF AN URGENCY ORDINANCE MODIFYING
THE EXISTING TELEGRAPH CANYON SEWER PUMPED FLOWS
DEVELOPMENT IMPACT FEE
On October 22 and November 19, 2002, the Council approved Urgency Ordinance No.
2884-A and Urgency Ordinance 2884-B, modifying Ordinance 2582. 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 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 Padilla opened the public hearing. With no members of the public wishing to speak, be
then dosed the hearing.
ACTION: Councilmember McCann offered Urgency Ordinance No. 2884-C, beading read,
text waived:
Page 6 - Council Minutes 12/17/02
PUBLIC HEARINGS (Continued)
URGENCY ORDINANCE NO. 2884-C, URGENCY 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 carried 5-0.
17. CONSIDERATION OF ADOPTION OF A RESOLUTION ACCEPTING A REPORT
BY DEVELOPMENT PLANNING AND FINANCING GROUP, FOR AN UPDATED
PEDESTRIAN BRIDGE DEVELOPMENT IMPACT FEE; AND ADOPTION OF AN
ORDINANCE AND AN URGENCY ORDINANCE MODIFYING THE EXISTING
OTAY RANCH PEDESTRIAN BRIDGE DEVELOPMENT IMPACT FEE AND AREA
OF BENEFIT
The Council established the original Otay Ranch Pedestrian Bridge Development Impact
Fee (Pedestrian Bridge DIF) on January 5, 1999. The original Pedestrian Bridge DIF was
set up to fund the construction of the bridge between Villages 1 and 5 over La Media
Road, half of a bridge between Village 1 and 2 over Olympic Parkway, and half of a
bridge between Villages 5 and 6, also over Olympic Parkway. The La Media Road bridge
has been completed by McMillin Company and is in sereice. The Village 6 tentative
maps for McMillin and Otay Project have similar requirements to fund the construction
of the pedestrian bridge over Olympic Parkway to Village 5 and for a fourth bridge,
which will be located on La Media Road between Villages 6 and 2. This fourth bridge
completes a continuous village pathway loop between all four villages. Adoption of the
ordinance approves an updated Pedestrian Bridge ordinance and Development Impact
Fee program that assures funding for the completion of four bridges as the villages are
completed. The fee, payable at issuance of a building permit, will increase from $545 to
$783 per equivalent single-family dwelling unit. The 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)
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 Padilla opened the public hearing. There being no members of the public wishing to
speak, he then closed the hearing.
Councilmember Davis asked the approximate completion date for construction of the pedestrian
bridge. Staff responded that the bridge is estimated to be completed in three years.
ACTION: Councilmember Davis offered Resolution No. 2002-527 for adoption, Ordinance
No. 2892 for first reading; and Urgency Ordinance No. 2892-A for adoption,
headings read, texts waived.
Page 7 - Council Minutes 12/17/02
A. RESOLUTION NO. 2002-527, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA ACCEPTING A REPORT PREPARED BY
DEVELOPMENT PLANNING AND FINANCING GROUP
RECOMMENDING AN UPDATED PEDESTRIAN BRIDGE DEVELOPMENT
IMPACT FEE TO FUND PEDESTRIAN BRIDGE IMPROVEMENTS IN THE
OTAY RANCH, VILLAGES 1, 5, AND 6
B. ORDINANCE NO. 2892, ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AMENDING THE OTAY RANCH VILLAGE 1
AND 5 PEDESTRIAN BRIDGE DEVELOPMENT IMPACT FEE TO
INCLUDE VILLAGE 6 TO PAY FOR PEDESTRIAN BRIDGE
IMPROVEMENTS AS A CONDITION OF ISSUANCE OF BUILDING
PERMITS
C. URGENCY ORDINANCE NO. 2892-A, URGENCY ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE OTAY
RANCH VILLAGE 1 AND 5 PEDESTRIAN BRIDGE DEVELOPMENT
IMPACT FEE TO INCLUDE VILLAGE 6 TO PAY FOR PEDESTRIAN
BRIDGE IMPROVEMENTS AS A CONDITION OF ISSUANCE OF
BUILDING PERMITS
The motion carried 5-0.
18. CONSIDERATION OF THE PROPOSED ASSESSMENT OF CERTAIN
DELINQUENT SEWER SERVICE CHARGES AS RECORDED LIENS UPON THE
RESPECTIVE OWNER-OCCUPIED PARCELS OF LAND AND PLACEMENT OF
DELINQUENT CHARGES ON THE NEXT REGULAR TAX BILL FOR
COLLECTION
Municipal Code Section 13.14.150 allows delinquent sewer service charges to be
assessed as recorded liens upon the affected properties and ultimately placed on the
property tax bills for collection. (Assistant City Manager Powell)
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 Padilla opened the public hearing.
Deputy City Manager Powell stated that the delinquent sewer service charge assessments are a
routine procedure. One letter was received via facsimile from Joseph and Tammie Diaz
protesting the lien process; staff has been in contact with Mr. Diaz, who indicated his willingness
to pay his bill.
With no members of the public wishing to speak, Mayor Padilla then closed the hearing.
ACTION: Councilmember McCann offered Resolution No. 2002-528, heading read, text
waived:
Page 8 - Council Minutes 12/17/02
PUBLIC HEARINGS (Continued)
RESOLUTION NO. 2002-528, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA ASSESSING DELINQUENT SEWER
SERVICE CHARGES AS LIENS UPON THE RESPECTIVE OWNER-
OCCUPIED PARCELS OF LAND AND APPROVING PLACEMENT OF
DELINQUENT CHARGES ON THE NEXT REGULAR TAX BILL
The motion carried 5-0.
19. CONSIDERATION OF APPROVAL OF THE USE OF FISCAL YEAR 2002/2003
COPS FUNDING IN ACCORDANCE WITH THE CITIZENS OPTION FOR PUBLIC
SAFETY FOR LOCAL LAW ENFORCEMENT SERVICES
The Police Department received $379,186 through State COPS for Local Law
Enforcement funding. State money is allocated to the Police Depa,h~lent for purposes
stipulated by the Citizen's Option for Public Safety (COPS) Program. The Police
Department proposes to use the funds to meet operational Department equipment needs
as well as the local cash match requirement for the Local Law Enforcement Block Grant.
(Chief of Police)
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.
ACTION: This item was tabled at the request of staff, and the Council took no action.
20. CONSIDERATION OF APPROVAL OF A CONDITIONAL USE PERMIT TO
ALLOW THE CONSTRUCTION AND OPERATION OF AN INTERIM
SUBDIVISION HOME FINDING CENTER AT THE NORTHEAST CORNER OF
MOUNT MIGUEL ROAD AND PROCTOR VALLEY ROAD WITHIN THE SAN
MIGUEL RANCH PLANNED COMMUNITY
The applicant, Trimark Pacific Homes, submitted an application requesting approval of a
Conditional Use Permit for an interim subdivision home-finding center and associated
parking facility on a designated community purpose facility site. The home-finding
center is a permitted interim use, subject to approval by the City Council pursuant to
Section 19.48.025(E) of the Municipal Code. The proposed interim subdivision home-
finding center will be located at the northeast comer of Mount Miguel Road and Proctor
Valley Road in the San Miguel Ranch Planned Community. (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.
Associate Planner Zumwalt presented the proposed project.
Mayor Padilla opened the public hearing. With no members of the public wishing to speak, he
then closed the hearing.
ACTION: Deputy Mayor Rindone offered Resolution No. 2002-529, heading read, text
waived:
Page 9 - Council Minutes 12/17/02
PUBLIC HEARINGS (Continued)
RESOLUTION NO. 2002-529, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA APPROVING A CONDITIONAL USE
PERMIT TO ALLOW THE CONSTRUCTION AND OPERATION OF AN
INTERIM SUBDIVISION HOME-FINDING CENTER AT THE NORTHEAST
CORNER OF MOUNT MIGUEL ROAD AND PROCTOR VALLEY ROAD
The motion carried 5-0.
21. CONSIDERATION OF APPROVAL OF A PRECISE PLAN FOR A 6,600 SQUARE-
FOOT SATELLITE RETAIL BUILDING IN AN EX~STING IN-LINE RETAIL
SHOPPING CENTER, LOCATED AT 1210 BROADWAY, SOUTHWEST CORNER
OF OXFORD STREET (CONTINUED FROM DECEMBER 10, 2002)
The applicant, John Ziebarth, has requested approval of a Precise Plan pursuant to
Municipal Code Section 19.12.120, Sections 19.14.570 through 19.14.580, and Sections
19.56.040 through 19.56.048, which allow for deviations from the Zoning Code, as well
as the Montgomery Specific Plan development standards, in order to add a 6,600 square-
foot satellite retail building within an existing in-line retail shopping center. The
proposed satellite building would include a Starbucks Caf6 with an outdoor seating area
and two new commercial tenants. (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.
Associate Planner Phelps presented the proposed Precise Plan.
Mayor Padilla opened the public hearing.
John Ziebarth, the applicant, presented various landscape and structural enhancements for the
proposed project.
There being no further members of the public wishing to speak, Mayor Padilla closed the public
hearing.
ACTION: Deputy Mayor Padilla offered Resolution No. 2002-530, heading read, text
waived:
RESOLUTION NO. 2002-530, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA GRANTING A PRECISE PLAN TO ALLOW
THE DEVELOPMENT OF A 6,600 SQUARE FOOT SATELLITE RETAIL
BUILDING IN AN EXISTING SHOPPING CENTER, LOCATED AT 1210
BROADWAY, SOUTHWEST CORNER OF OXFORD STREET (APPLICANT:
JOHN ZIEBARTH) (PCM-02-22)
The motion carried 5-0.
Page 10 - Council Minutes 12/17/02
- PUBLIC HEARINGS (Continued)
22. CONSIDERATION OF AMENDMENTS TO THE CITY'S GENERAL PLAN, OTAY
RANCH GENERAL DEVELOPMENT (GDP) AND OTAY RANCH SECTIONAL
PLANNING AREA (SPA) ONE PLAN TO ELIMINATE THE FLOATING
ELEMENTARY SCHOOL SITE FROM THE OTAY RANCH VILLAGE ONE WEST
PLANNING AREA AND TRANSFER OTAY RANCH GDP DWELLING UNITS
FROM VILLAGE FIVE TO VILLAGE ONE WEST (APPLICANT - OTAY PROJECT,
L.P.)
The Otay Project L.P. has applied to amend the City's General Plan, Otay Ranch General
Development Plan and Otay Ranch SPA One Plan to convert a vacant, tan-acre
elementary school site into single-family residential land uses and has requested a revised
Tentative Map to adjust the boundary of Neighborhood R-59 and create Neighborhood R-
60 by transfcrring 65 unused dwelling units from Village Five to Village One West.
(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.
Associate Planner Whipple presented the proposed amendments and revised Tentative Map for
the project. He stated that the project also received unanimous approval from the Planning
Commission.
_ Mayor Padilla opened the public hearing. With no members of the public wishing to speak, he
then closed the hearing.
ACTION: Councilmember Salas offered Resolution Nos. 2002-531, 2002-532, and 2002-
533, headings read, texts waived:
A. RESOLUTION NO. 2002-531, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA APPROVING AN AMENDMENT TO THE
CITY'S GENERAL PLAN AND THE OTAY RANCH GENERAL
DEVELOPMENT (GDP) TO ELIMINATE THE FLOATING ELEMENTARY
SCHOOL SITE FROM THE OTAY RANCH VILLAGE ONE WEST
PLANNING AREA AND TRANSFER OTAY RANCH GDP DWELLING
UNITS FROM VILLAGE FIVE TO VILLAGE ONE WEST
B. RESOLUTION NO. 2002-532, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA APPROVING AN AMENDMENT TO THE
OTAY RANCH SECTIONAL PLANNING AREA (SPA) ONE PLAN
MODIFYING NEIGHBORHOOD BOUNDARIES IN VILLAGE ONE WEST
AND TRANSFERING OTAY RANCH SPA ONE DWELLING UNITS FROM
VILLAGE FIVE TO VILLAGE ONE WEST
C. RESOLUTION NO. 2002-533, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA APPROVING A REVISED TENTATIVE
SUBDIVISION MAP FOR VILLAGE ONE WEST OF THE OTAY RANCH,
SECTIONAL PLANNING AREA ONE PLAN, CHULA VISTA TRACT 98-06B
The motion carried 5-0.
Page 11 - Council Minutes 12117/02
PUBLIC HEARINGS (Continued)
23. CONSIDERATION OF APPROVAL OF THE MASTER PLAN FOR THE PROPOSED
SUNBOW PUBLIC NEIGHBORHOOD "VETERANS PARK"
In September 2001, the Council approved a contract for landscape architectural services,
retaining the firm of Van Dyke LLP to provide a Master Plan for a 10-acre public
neighborhood park site in the Sunbow subdivision. Adoption of the resolution approves a
Master Plan for the development of the public neighborhood park in Sunbow, and
approves the park name as "Veterans Park." (Director of Building and Park
Construction)
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 Padilla opened the public hearing.
Landscape Architect Krizan presented the final Master Plan for the proposed project.
Tim Jachlewski, representing Van Dyke, LLP, discussed the neighborhood and site analysis;
park program; park name options; and refined concept scenarios.
With no further members of the public wishing to speak, Mayor Padilla closed the hearing.
ACTION: Councilmember Salas offered Resolution No. 2002-534, heading read, text
waived:
RESOLUTION NO. 2002-534, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA APPROVING THE MASTER PLAN FOR THE
PROPOSED SUNBOW PUBLIC NEIGHBORHOOD "VETERAN'S PARK"
The motion carried 5-0.
ACTION ITEMS
14. RESOLUTION NO. 2002-525, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA CREATING TWO NEW UNCLASSIFIED AT-WILL
CLASSIFICATIONS: ONE STAFF DIRECTOR-OFFICE OF MAYOR AND
COUNCIL, AND ONE SPECIAL ASSISTANT TO THE MAYOR, AND PLACING
BOTH POSITIONS IN THE MID-MANAGEMENT BENEFIT GROUP, AND
AMENDING THE FISCAL YEAR 2003 BUDGET OF THE CITY COUNCIL
DEPARTMENT BY RECLASSIFYING THE ASSISTANT TO THE MAYOR AND
CITY COUNCIL POSITION TO STAFF DIRECTOR-OFFICE OF MAYOR AND
COUNCIL, AND ADDING A SPECIAL ASSISTANT TO THE MAYOR AND
INCREASING THE COUNCIL ASSISTANT SUPPORT AVAILABLE TO EACH
COUNCILPERSON FROM 15 TO 20 HOURS PER WEEK, AND APPROPRIATING
FUNDS THEREFOR FROM THE AVAILABLE BALANCE OF THE GENERAL
FUND
Page 12 - Council Minutes 12/17/02
- ACTION ITEMS (Continued)
Permanent staffing of the Mayor and Council office has not changed since 1994. Since
that time, the City has grown significantly. Given these changes, staff reviewed the
classifications and anticipated work load for the office and recommends making the
following three changes: 1) reclassify the Assistant to the Mayor and Council to Staff
Director-Office of Mayor and Council, based on an analysis of duties and
responsibilities; 2) add a full-time Special Assistant to the Mayor in lieu of the 15 hours
of Council Assistant support currently provided to the Mayor; and 3) increase the Council
Assistant staff support for each Councilmember from 15 to 20 hours per week. (City
Manager)
Mayor Padilla explained the proposed reorganization of the Mayor/Council Office.
ACTION: Mayor Padilla then offered Resolution No. 2002-525, heading read, text waived.
The motion carried 5-0.
OTHER BUSINESS
24. CITY MANAGER'S REPORTS
There were none.
25. MAYOR'S REPORTS
_ A. Recommendation of reappointment to the Board of Port Commissioners - William
Hall
ACTION: Mayor Padilla moved to reappoint William Hall to the Board of Port
Commissioners for a full tenn. Councilmember Davis seconded the motion, and
it carried 5-0.
B. Consideration of City Council regional committee assignments
ACTION: Deputy Mayor Rindone moved to approve the proposed assignment list presented
by Mayor Padilla, as amended to appoint Councilmember Salas as representative
to the Inter-Agency Water Task Force, with Councilmember McCann as the
alternate; and to also include on the list the positions on the SANDAG Board as
approved at the Council meeting of December 10, 2002. Mayor Padilla seconded
the motion, and it carried 5-0.
Mayor Padilla offered his condolences to the Pletcher and McMillin families upon
the passing of Robert Pletcher.
Mayor Padilla wished the community a safe holiday season.
26. COUNCIL COMMENTS
Councilmember Salas thanked City staff and Councilmember Rindone for
attending the Community Health Group art piece dedication. She also thanked
-- Cultural Arts Coordinator Ric Todd for his hard work.
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COUNCIL COMMENTS (Continued)
Deputy Mayor Rindone commented on the new art piece unveiling, stating that it
was well done, well received, and presents a beautiful gateway to the marina.
Deputy Mayor Rindone asked the community to take time during the holiday
season for remembrance and counting blessings and opportunities, and he
encouraged all to spend time with their family and friends. He wished everyone a
Merry Christmas and Happy New Year.
Councilmember McCann stated that he was pleased to have staff representation to
focus on the revitalization of western Chula Vista. He also expressed pride in
supporting approval of Veteran's Park.
Councilmember McCann wished everyone a happy holiday season.
Councilmember Davis announced that she had attended the funeral services for
Robert Pletcher of McMillin Company. She commented on his many
contributions to the community and stated that he will be missed.
Councilmember Davis wished the community a happy holiday season.
CLOSED SESSION
27. PUBLIC EMPLOYEE APPOINTMENT PURSUANT TO GOVERNMENT CODE
SECTION 54957
· Replacement of retiring City Attorney
ACTION: Councilmember Davis moved to appoint Senior Assistant City Attorney Ann Moore
to the position of City Attorney upon John Kaheny's retirement. Councilmember
McCaun seconded the motion, and it carried 5-0.
28. CONFERENCE WITH LEGAL COUNSEL REGARDING INITIATION OF
LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(C)
· One Case
ACTION: Direction was given to Counsel.
29. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE
TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(B)
· Claim No. 02-00-012
ACTION: Direction was given to Counsel.
ADJOURNMENT
At 9:35 p.m., Mayor Padilla adjourned the meeting to the Regular Meeting of January 7, 2003, at
4:00 p.m. in the Council Chambers.
Susan Bigelow, CMC, City Clerk
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