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HomeMy WebLinkAboutcc min 2003/01/21 MINUTES OF AN ADJOURNED REGULAR MEETiNG OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA January 21, 2003 5:00 P.M. An Adjourned Regular Meeting of the City Council of the City of Chula Vista was called to order at 5:09 p.m. in the Council Chambers, located in the Public Services Building, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Councilmembers Davis, McCann, Rindone, Salas, and Mayor Padilla ABSENT: Councilmembers: None ALSO PRESENT: City Manager Rowlands, City Attomey Kaheny, and City Clerk Bigelow PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY · OATH OF OFFICE: Dr. Floyd L. Wergeland, Jr. Nature Center Board of Trustees City Clerk Bigelow administered the oath to Dr. Wergeland, and Deputy Mayor Rindone presented him with a certificate of appointment. · RECOGNITION BY COUNCILMEMBER SALAS OF THE CHULA VISTA AZTECS FOOTBALL TEAM - PEE-WEE DIVISION, FOR BECOMiNG THE PACIFIC REGION CHAMPIONS THE TEAM WILL BE iNTRODUCED BY THEIR COACH, MARK STRICKLAND This item was continued to a future date. CONSENT CALENDAR (Items 1 through 9) 1. APPROVAL OF MINUTES of January 14, 2003. Staff recommendation: Council approve the minutes. 2. ORDINANCE NO. 2893, ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND ACI SUNBOW, LLC FOR INDUSTRIAL PARK LAND WITHIN THE SUNBOW DEVELOPMENT (SECOND READING & ADOPTION) Adoption of the ordinance approves a development agreement for the 64.7-acre Sunbow industrial park, located south of Olympic Parkway, in order to allow the developers to vest their entitlements. (Director of Plarming and Building) Staff recommendation: Council adopt the ordinance. CONSENT CALENDAR (Continued) - 3. RESOLUTION NO. 2003-019, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING CONTRACT FOR PAVEMENT RENOVATION PROJECTS ON VARIOUS CITY PARK PARKING LOTS AND WALKWAYS (PROJECTS PR-235 AND PR-236) AND UNAPPROPRIAT1NG $50,000 IN GAS TAX FUNDS FROM THE PROJECT On December 11, 2002, sealed bids for the projects were received. The work consists of pavement rehabilitation using either asphalt concrete or rubberized emulsion aggregate slurry seal on various City park parking lots and walkways. Adoption of the resolution awards the contract to J.D. Paving, Inc. in the amount of $199,571.68 and unappropriates $50,000 in gas tax funds from the project account. (Director of Engineering) Staff recommendation: Council adopt the resolution. 4. RESOLUTION NO. 2003-020, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DECLARING THE CITY'S INTENTION TO UNDERGROUND OVERHEAD UTILITIES ALONG J STREET FROM BROADWAY TO HILLTOP DRIVE AND SETTING A PUBLIC HEARING FOR THE FORMATION OF UTILITY UNDERGROUND DISTRICT NUMBER 137 FOR FEBRUARY 18, 2003, AT 6:00 P.M. On November 12, 1991, the Council adopted Resolution No. 16415, accepting a report on the City's utility undergrounding conversion program and approving a revised list of utility underground conversion projects. On November 15, 2002, the Underground Utility Advisory Committee met 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 J Street from Broadway to Hilltop Drive. (Director of Engineering) Staff recommendation: Council adopt the resolution. 5. RESOLUTION NO. 2003-021, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA GRANTING A WATER UTILITY EASEMENT TO THE OTAY WATER DISTRICT ACROSS CITY-OWNED PROPERTY LOCATED NORTH OF OTAY LAKES ROAD AND EAST OF SAINT CLAIRE DRIVE AND AUTHORIZING THE MAYOR TO EXECUTE THE EASEMENT On September 5, 2002, the Otay Water District submitted a request for a permanent easement over City-owned property for the construction and maintenance of a pressure- reducing vault to reduce the pressure of recycled water coming from the Otay Water District storage ponds. The easement is for the installation, operation, maintenance, replacement and repair of the pressure reducing station and associated facilities, together with the right of ingress and egress thereto over said easement. (Director of Engineering) Staff recommendation: Council adopt the resolution. Page 2 - Council Minutes 01/21/03 CONSENT CALENDAR (Continued) 6. RESOLUTION NO. 2003-022, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2003 BUDGET BY APPROPRIATING UNANTICIPATED EVEN START GRANT AUGMENTATION FUNDS IN THE AMOUNT OF $53,299 TO THE LiBRARY DEPARTMENT BUDGET FOR EXPENDITURES ASSOCIATED WITH THE CHULA VISTA LITERACY TEAM'S EVEN START FAMILY LITERACY The California Department of Education has advised that the Library's fourth-year Even Start grant in the amount of $166,667 has been augmented by $53,299. The funds, therefore, must be appropriated. (Deputy City Manager) Staff recommendation: Council adopt the resolution. 7. RESOLUTION NO. 2003-023, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE CREATION OF A COMMUNITY RELATIONS MANAGER CLASSIFICATION IN THE UNCLASSIFIED SERVICE, SENIOR MANAGEMENT GROUP, AND AMENDING THE LiBRARY'S FISCAL YEAR 2003 BUDGET BY ADDING A COMMUNITY RELATIONS MANAGER POSITION AND DELETING AN ADMINISTRATiVE SERVICES MANAGER POSITION (4/5THS VOTE REQUIRED) The promotion of the Library's Administrative Services Manager to Assistant Recreation Director presents an opportunity to redesign the vacant position into a new Community Relations Manager classification to coordinate marketing and public relations for the Library, Recreation, Nature Center and Cultural Arts. (Deputy City Manager) Staff recommendation: Council adopt the resolution. 8. RESOLUTION NO. 2003-024, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2002/2003 CAPITAL IMPROVEMENT PROGRAM (CIP) BUDGET BY CREATING A NEW CIP FOR THE PREPARATION OF STRUCTURAL AND ARCHITECTURAL FEASIBILITY EVALUATIONS REGARDING THE RENOVATION OF ROHR MANOR AND TRANSFERRING $26,795 FROM THE EXISTING NORMAN PARK RESTROOM CIP TO THE NEWLY CREATED CIP FOR THE ROHR MANOR ARCHITECTURAL The condition of Rohr Manor, located in Rohr Park, has deteriorated in recent years. The building is quite old, and its physical condition needs to be addressed. Given its age and state of disrepair, it is prudent for the City to perform an architectural review of the building, including an analysis of the building's current condition, before making any decisions regarding its future. (Director of Building and Parks Construction) Staff recommendation: Council adopt the resolution. 9. RESOLUTION NO. 2003-025, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CHULA VISTA AND CASTLE PARK MIDDLE SCHOOL FOR THE PROVISION OF EXTENDED AFTER-SCHOOL PROGRAM HOURS, AMENDING THE FISCAL YEAR 2003 RECREATION DEPARTMENT BUDGET BY APPROPRIATiNG $3,787 1N UNANTICIPATED REVENUE, AND AUTHORIZING THE MAYOR TO EXECUTE SAiD AGREEMENT Page 3 - Council Minutes 01/21/03 CONSENT CALENDAR (Continued) - Castle Park Middle School was awarded a state grant for the provision of additional after- school programming hours. The school has asked the Recreation Departmem to provide these services for $3,787 via a memorandum of understanding. 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. ACTION: Mayor Padilla moved to approve staff's recommendations and offered the Consent Calendar, headings read, texts waived. The motion carried 5-0, except on Item #8, which carried 4-1, with Deputy Mayor Rindone voting no. ORAL COMMUNICATIONS Sandy Duncan, representing the Chula Vista Citizens Focus Group, requested that the City maintain open communications between the developer, Pacifica, and the various interest groups regarding development of the mid-bayfront property. She opposed residential development on the property due to inadequate schools and freeways in the area and asked the Council to consider funding an independent public opinion poll regarding the development. Bob Strahl spoke regarding broken lighting at the South Bay Banquet Center, which he believed was a safety hazard for members of the community who utilize the facility after dark. He explained that over the past 10 months, he has attempted to work with City staff to fix the problem; since the light poles in the parking lot are already in place, he believed the City would simply have to purchase and install the fixtures. Mr. Strahl requested that the issue be addressed. Mayor Padilla referred the matter to City staff for review and asked that staff also contact Mr. Strahl. Norma Cassaras, president of the South Bay Forum, congratulated Mayor Padilla and Councilmember McCann on their recent election, and also congratulated Councilmember Davis on her re-election. She spoke regarding South Bay Forum's commitment to work together with the City and community groups on various citywide matters. She also believed that the recent low voter turnout was the result of negative campaign advertising, and she recommended that the Council ask the Board of Ethics to develop an election code of ethics for all Chula Vista candidates to follow. Steve Molski expressed concern regarding certain traffic lights that are not functioning properly, particularly the left-turn arrows. He referenced the following problem locations: westbound on F Street; southbound on Broadway at I Street; northbound on Broadway at G Street; and Broadway and L Street going eastbound. He requested that the lights be re-timed to allow adequate time for vehicles to pass through safely. Virgil Pina stated that the Council will soon receive a questionnaire regarding City hiring practices. He recommended that the City advertise job announcements in minority publications to attract a larger pool of candidates for upper management positions in the City, stating that he believed the City did not solicit applications from minorities for the recently open positions of Recreation Director, Fire Chief, and City Attorney. He expressed the need to embrace diversity more openly. City Manager Rowlands responded by citing national recruitment efforts for two of the positions, and the hiring of several women and minorities to high-level positions. Mayor Padilla commented that the new City Attorney is of minority descent and was bom and raised in Chula Vista. Page 4 - Council Minutes 01/21/03 ORAL COMMUNICATIONS (Continued) Don Lake complained about his removal from the Council meeting by police last week. He also complained about the police placing him in an allegedly health-endangering situation on December 22, 2002, at the Chula Vista Veterans Home and requested a formal letter of apology from the Mayor for that action. He stated that when the City quits disobeying the law by denying him his state and federal constitutional rights, he will then quit complaining. ACTION ITEMS 10. CONSIDERATION OF ACCEPTANCE OF A REPORT REGARDiNG THE CONSTRUCTION OF THE NEW POLICE FACILITY On November 20, 2001, the Council approved an agreement with Highland Partnership for services required to design and construct the new police facility and related improvements. Demolition of the existing buildings located on the police facility site began in January 2002. Staff, the City consultant, and Highland Partnership will present a status report on the construction and fiscal progress to date. (Director of Building and Park Construction) Deputy Mayor Rindone announced that he would abstain from discussion on this item due to a possible conflict of interest because of the proximity of his residence to the project site. At 5:35 p.m., he left the Chambers. Ian Gill, representing Highland Partnership, reported on the progress of the construction of the new police facility. He then presented Mayor Padilla with a rendering of the Police Department design concept. Kip Howard, representing Allegis Development, reported that the design-build process for the police facility is running smoothly and is on schedule. ACTION: Councilmember Davis moved to accept the report. Councilmember McCann seconded the motion, and it carried 4-0-1, with Deputy Mayor Rindone abstaining due to a possible conflict of interest because of the proximity of his residence to the project site. At 5:49 p.m., Deputy Mayor Rindone returned to the dais. 11. CONSIDERATION OF ACCEPTING B1DS AND AWARDING CONTRACT FOR THE SKATE PARK AT GREG ROGERS PARK TO K.S. STRATTON CONSTRUCTION COMPANY OF CALIFORNIA, 1N THE AMOUNT OF $1,399,000 (PROJECT NO. PR-239) On December 12, 2002, sealed bids were received for this project. The scope of work includes the demolition of the existing site behind the Boys and Girls Club, and the skate park will consist of various skateboard features such as bowls, ramps, stairs, pyramids, roll-over rails and other obstacles. Within the site, there will be an office, restroom, benches, and two sets of three-stack bleachers with shade structures. The facility will also have a security system with a security fence around its perimeter. (Director of Building and Park Construction) Page 5 - Council Minutes 01/21/03 ACTION ITEMS (Continued) - Mayor Padilla suggested that the park perhaps be named in honor of former Councilmember Leonard Moore in acknowledgement of his tireless efforts in support of the youth in the community. ACTION: Councilmember McCann offered Resolution No. 2003-026, heading read, text waived: RESOLUTION NO. 2003-026, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING CONTRACT FOR THE SKATE PARK AT GREG ROGERS PARK (PROJECT NO. PR-239) TO K.S. STRATTON CONSTRUCTION COMPANY OF CALIFORNIA, IN THE AMOUNT OF $1,399,000, AND APPROPRIATING $212,500 OF PREVIOUSLY APPROPRIATED CDBG FUNDS FROM THE BOYS AND GIRLS CLUB OF CHULA VISTA TO THE The motion carded 5-0. 12. CONSIDERATION OF ADOPTION OF RESOLUTIONS 1) APPROVING AN AMENDMENT OF THE GREG ROGERS PARK LEASE BETWEEN THE CITY AND THE BOYS AND GIRLS CLUB OF CHULA VISTA AND 2) APPROVING AN AGREEMENT BETWEEN THE CITY AND THE BOYS AND GIRLS CLUB FOR _. THE LEASE AND OPERATION OF A SKATE PARK AT GREG ROGERS PARK The need for a safe and secure skate venue in the City has been recognized for a number of years. The 1992 City-wide Youth Summit and public meetings for the Parks and Recreation Master Plan disclosed community sentiment for a skate facility. As part of Council's direction to move forward in providing a skate facility, the Recreation Department entered into negotiations with Boys and Girls Club of Chula Vista for operation of the Skate Park at Greg Rogers Park. (Director of Recreation) John Clingan, President and CEO of the Boys and Girls Club, and volunteer Emerland Randolph presented skateboard souvenirs to the Councilmembers. Mr. Clingan then thanked the Council for having the vision to provide a recreation venue for the community. He also thanked City staff for their support and many hours of effort. He commented on the proposed programs and their positive benefits to the youth. ACTION: Councilmember McCann offered Resolution Nos. 2003-027 and 2003-028, headings read, texts waived: RESOLUTION NO. 2003-027, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AMENDMENT TO THE SEPTEMBER 5, 1978 LEASE OF CERTAIN PROPERTY IN GREG ROGERS PARK BETWEEN THE CITY OF CHULA VISTA AND THE BOYS AND GIRLS CLUB OF CHULA VISTA Page 6 - Council Minutes 01/21/03 ACTION ITEMS (Continued) RESOLUTION NO. 2003-028, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND BOYS AND GIRLS CLUB OF CHULA VISTA FOR THE LEASE AND OPERATION OF A SKATE PARK AT GREG ROGERS PARK The motion carried 5-0. 13. CONSIDERATION OF APPROVAL OF THE MASTER PLAN FOR THE PROPOSED PUBLIC COMMUNITY PARK IN ROLLING HILLS RANCH "MONTEVALLE PARK" Adoption o£ the resolution approves a master plan for the development of the public community park in Rolling Hills Ranch, which includes a 21,000 square-foot recreation center and also approves the name of the park. (Director of Building and Park Construction) Landscape Architect Krizan presented the proposed community park master plan. Andrew Spurlock, representing Poirier Landscape Architects, and Matt Wells, representing Hanna, Gabriel, Wells Architects, presented the proposed park design. ACTION: Mayor Padilla offered Resolution No. 2003-029, heading read, text waived: RESOLUTION NO. 2003-029, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE MASTER PLAN FOR THE PROPOSED PUBLIC COMMUNITY PARK IN ROLLING HILLS RANCH "MONTEVALLE PARK" The motion carried 5-0. OTHER BUSINESS 14. CITY MANAGER'S REPORTS City Manager Rowlands introduced Liz Purcell, the City's new Public Information Officer. Intergovernmental Affairs Coordinator Kelly discussed the impacts o£ City program cuts as a result of the Governor's recent budget proposal. She explained that Chula Vista may lose $9 million dollars in funds, with $7.3 million dollars o£ the anticipated loss from the vehicle license fee backfill. She submitted a letter £rom the Chamber o£ Commerce endorsing staff's recommendation to request the State to honor the 1998 commitment to reinstate the Vehicle License Fee. ACTION: Councilmember Davis offered Resolution No. 2003-030, heading read, text waived: Page 7 - Council Minutes 01/21/03 OTHER BUSiNESS (Continued) - RESOLUTION NO. 2003-030, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA URGING THE CALIFORNIA LEGISLATURE TO HONOR THE 1998 COMMITMENT TO REINSTATE THE VEHICLE LICENSE FEES The motion carried 5-0. 15. MAYOR'S REPORTS A. RESOLUTION NO. 2003-031, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING TERMS AND CONDITIONS FOR THE EMPLOYMENT OF ANN Y. MOORE AS CITY ATTORNEY ACTION: Mayor Padilla offered Resolution No. 2003-031, heading read, text waived. The motion carried 5-0. B. CONSIDERATION OF APPOINTMENT TO THE SANDAG BAYSHORE BIKEWAY COMMITTEE ACTION: Deputy Mayor Rindone moved to appoint Councilmember McCann to the SANDAG Bayshore Bikeway Committee. Councilmember Davis seconded the motion, and it carried 4-0-1, with Councilmember McCann abstaining. Mayor Padilla introduced Ann Harrison, Staff Director to the Mayor and Council, and Tom Oriola, Special Assistant to the Mayor. Mayor Padilla asked staff to prepare an information item to Council or schedule a workshop regarding the state use of redevelopment funds in order to obtain a clear understanding of the process. 16. COUNCIL COMMENTS Councilmember McCann recognized the commemoration of Martin Luther King Day, stating that Chula Vista has always been a diverse community, and he expressed the need to continue to strive for a harmonious community. Deputy Mayor Rindone announced that Hilltop High School, the Sweetwater Union High School District, and the City would be hosting a delegation of educators from Mainland China. He stated that a reception is planned and that details would be forwarded to the Council. Councilmember Salas stated that she was recently contacted by Frank Chaboudy, who asked to be placed on the Council agenda for the meeting of February 4, 2003. She asked staff to schedule Mr. Chaboudy on the agenda. Page 8 - Council Minutes 01/21/03 P.M. PUBLIC HEARINGS 17. CONSIDERATION OF USE OF FISCAL YEAR 2002/2003 COPS FUNDING PER THE CITIZENS OPTION FOR PUBLIC SAFETY FOR LOCAL LAW ENFORCEMENT SERVICES State money is allocated to the Police Department for purposes stipulated by the Citizens Option for Public Safety (COPS) Program. The Police Department received $379,186 through State COPS for Local Law Enforcement funding. The Police Department proposes to use the funds to meet operational Department equipment needs, as well as for 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. Police Chief Emerson explained the City's utilization of the COPS program funding. Mayor Padilla requested a future presentation to the Council on the Fire Ann Training Simulator (FATS) program. Mayor Padilla opened the public hearing. With no members of the public wishing to speak, he then closed the public heating. ACTION: Deputy Mayor Rindone offered Resolution No. 2003-032, heading read, text waived: RESOLUTION NO, 2003-032, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $379,186 FROM STATE COPS FOR LOCAL LAW ENFORCEMENT AND AMENDING THE FISCAL YEAR 2002/2003 BUDGET TO APPROPRIATE $23,590 FOR THE LOCAL LAW ENFORCEMENT BLOCK GRANT (LLEBG) LOCAL MATCH AND $32,806 TO MEET THE OFFICE OF TRAFFIC SAFETY GRANT LOCAL MATCH REQUIREMENT AND AUTHORIZING STAFF TO DESIGNATE THE REMAINING FUNDS OF $322,790 FOR OPERATIONAL EQUIPMENT AND PROACTIVE OVERTIME NEEDS AND AUTHORIZING THE CHIEF OF POLICE TO UTILIZE (REPROGRAM) SAVINGS RESULTING FROM THE EQUIPMENT PROCUREMENT PROCESS FOR ADDITIONAL UNSPECIFIED OFFICER SAFETY EQUIPMENT AND SUPPLIES The motion carried 5-0. 18. CONSIDERATION OF PROPOSED ADDITIONS TO CHAPTER 10.30 OF THE MUNICIPAL CODE TO PROHIBIT SPECTATORS FROM GATHERING AT ILLEGAL STREET CONTESTS OR EXHIBITIONS OF SPEED Adoption of the ordinance makes it illegal for a spectator to gather at locations where street racing is prevalent and gives law enforcement personnel an effective tool to address this illegal activity. (Chief of Police) Page 9 - Council Minutes 01/21/03 PUBLIC HEARINGS (Continued) 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. Mayor Padilla opened the public hearing. With no members of the public wishing to speak, he then closed the public hearing. ACTION: Deputy Mayor Rindone offered Ordinance No. 2894 for first reading, heading read, text waived: ORDINANCE NO. 2894, ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADDING CHAPTER 10.30, SECTIONS 10.30.010 THROUGH 10.30.050 TO THE CHULA VISTA MUNICIPAL CODE RELATED TO SPECTATORS PROHiBITED AT ILLEGAL STREET CONTESTS OF EXHIBITIONS OF SPEED The motion carried 5-0. 19. CONSIDERATION OF ADDING CHAPTER 19.89 TO THE MUNICIPAL CODE RELATING TO THE LOCATION, DESIGN AND CONSTRUCTION OF WIRELESS TELECOMMUNICATIONS FACILITIES Pursuant to the goals, objectives and policies of the General Plan, the proposed wireless communications facilities ordinance is intended to regulate the location, design and construction of such facilities in order to serve, protect and promote the public health, safety and welfare, and to preserve and enhance the aesthetic qualities of the City. Future wireless telecommunications facilities proposed under the ordinance will require environmental review to assure compliance with the California Environmental Quality Act. (Director of Planning & Building) 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. Associate Planner Vander Bie presented the proposed wireless telecommunications facilities ordinance. Mayor Padilla opened the public heating. With no members of the public wishing to speak, he then closed the public hearing. ACTION: Councilmember Salas moved to approve staff recommendation and offered Ordinance No. 2895 for first reading, heading read, text waived: ORDiNANCE NO. 2895, ORDINANCE OF THE CITY COUNCIL AMENDING THE CHULA VISTA MUNICIPAL CODE BY ADDING CHAPTER 19.89 RELATING TO THE LOCATION AND CONSTRUCTION OF WIRELESS TELE-COMMUNICATIONS FACILITIES The motion carried 5-0. Page 10 - Council Minutes 01/21/03 PUBLIC HEARINGS (Continued) 20. CONSIDERATION OF ADOPTION OF AN URGENCY ORDINANCE MODIFYING THE EXISTING OTAY RANCH PEDESTRIAN BRIDGE DEVELOPMENT IMPACT FEE AND AREA OF BENEFIT On December 17, 2002, the Council adopted Ordinance No. 2892 and Urgency Ordinance No. 2892-A, modifying the Otay Ranch Village 1 and 5 Pedestrian Bridge Development Impact Fee and expanding the area of benefit of the program. 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 Engineering) 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 public hearing. ACTION: Councilmember McCann offered Urgency Ordinance No. 2892-B, heading read, text waived: URGENCY ORDINANCE NO. 2892-B, 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. CLOSED SESSION Closed Session was cancelled, and the following items were not discussed: 21. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(A) A. City of Chula Vista v. Bamhart Contracting San Diego Superior Court Case No. GIS 003859 B. Moore, Laura v. City of Chula Vista, et al. - South Bay Superior Court Case No. GIS 008943 ADJOURNMENT At 7:06 p.m., Mayor Padilla adjourned the meeting to the Regular Meeting of January 28, 2003, at 6:00 p.m. in the Council Chambers. Susan Bigelow, CMC, City Clerk Page 11 - Council Minutes 01/21/03