HomeMy WebLinkAboutcc min 2002/11/19 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF CHULA VISTA
November 19, 2002 6:00 P.M.
A Regular Meeting of the City Council of the City of Chula Vista was called to order at 6:11
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, and Salas
ABSENT: Councilmembers: Mayor Horton
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: Juan Celaya Human Relations Commission
City Clerk Bigelow administered the Oath of Office to Juan Celaya, and Cotmcilmember Salas
presented him with a certificate of appointment.
· PRESENTATION OF A PROCLAMATION BY MAYOR HORTON TO SUNNY SHY,
ASSISTANT DIRECTOR OF RECREATION, RECOGNIZING HER AS SHE
RETIRES FOR HER YEARS OF SERVICE WITH THE CITY OF CHULA VISTA
RECREATION DEPARTMENT, HER ADVOCACY OF THE RECREATION
PROFESSION, AND DEVELOPMENT OF THE POSITIVE RECREATION
PROGRAMS THAT SHE WAS INSTRUMENTAL IN DEVELOPING
Parks and Recreation Director Martin introduced Sunny Shy. Deputy Mayor Padilla read the
proclamation, and Councilmember Davis presented it to Ms. Shy.
CONSENT CALENDAR
(Items 1 through 12)
With reference to Item #11, Councilmember Rindone abstained due to the proximity of his
residence to the historical site. Item # 12 was pulled and continued to the meeting of November
26, 2002, at the request of staff.
1 A. ORDINANCE NO. 2886, ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING CHAPTER 17.10 OF THE CHULA VISTA
MUNICIPAL CODE RELATING TO UPDATES 1N THE PARKS ACQUISITION
AND DEVELOPMENT FEES TO PAY FOR PARKLAND ACQUISITION AND
VARIOUS PARK FACILITIES WITHIN THE CITY OF CHULA VISTA'S GENERAL
PLAN AREA BOUNDARY
CONSENT CALENDAR (Continued) -
B. ORDINANCE NO. 2887, ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING CHAPTER 3.50 OF THE CHULA VISTA MUNICIPAL
CODE RELATING TO UPDATES IN THE PUBLIC FACILITIES DEVELOPMENT
IMPACT FEES TO PAY FOR VARIOUS PUBLIC FACILITIES WITHIN THE CITY
OF CHULA VISTA'S GENERAL PLAN AREA BOUNDARY
Adoption of the ordinance amending Chapter 17.10 of the Municipal Code updates the
amount of parkland acreage to be dedicated for residential development, which
contributes to an increase in the in-lieu fees for park development and land acquisition.
The new ordinance also redefines park development improvement specifications.
Adoption of the ordinance amending Chapter 3.50 of the Municipal Code adds a new
recreation component to the public facilities to be financed by the Public Facilities
Development Impact Fee. The new ordinance also redefines various land use categories
for determining fees and updates the impact fee structure (Director of Budget and
Analysis)
Staff recommendation: Council place the ordinances on second reading for adoption.
2. ORDINANCE NO. 2888, ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ADOPTING THE FOURTH AMENDMENT TO THE SOUTHWEST
REDEVELOPMENT PLAN -
The Redevelopment Agency's authority to use eminent domain within the Southwest
Redevelopment Area will expire on November 27, 2002 unless the City Council amends
the Redevelopment Plan extending that authority for an additional 12-year period.
Adoption of the ordinance approves this amendment to the Southwest Redevelopment
Plan, extending the time period to use eminent domain to acquire commercial or
industrial properties needed to implement a project that would benefit the community.
(Director of Community Development)
Staff recommendation: Council place the ordinance on second reading for adoption.
3. RESOLUTION NO. 2002-462, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING A DONATION 1N THE AMOUNT OF $50,
AMENDING THE FISCAL YEAR 2003 BUDGET, AND APPROPRIATING SAiD
DONATED FUNDS
The Fire Prevention Bureau recently received a donation in the amount of $50 from
COSTCO. The donation was presented to the Fire Prevention Bureau to support
community outreach efforts. (Fire Chief)
Staffrecommendation: Council adopt the resolution.
Page 2 - Council Minutes 11/19/02
CONSENT CALENDAR (Continued)
4. RESOLUTION NO. 2002-463, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING A DONATION 1N THE AMOUNT OF
$3,000, AMENDING THE FISCAL YEAR 2003 BUDGET, AND APPROPRIATING
SAID FUNDS
The Fire Department has received an unanticipated donation of $3,000 from an
anonymous donor. The department is recommending the funds be used to create a Fire
Department Honor Guard. The Honor Guard will be the first one in the department's 82-
year history. The eleven-member guard will represent the department at community
events. (Fire Chief)
Staffrecommendation: Council adopt the resolution.
5. RESOLUTION NO. 2002-464, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING UNANTICIPATED GRANT FUNDS IN THE
AMOUNT OF $35,515, AMENDING THE FISCAL YEAR 2003 BUDGET, AND
APPROPRIATING SAID FUNDS
As part of the fiscal year 2001 Office of Justice/State Domestic Preparedness Program,
local fire departments are scheduled to receive grant funding via the County of San
Diego, Office of Emergency Services. Based on a population allocation formula, the
Chula Vista Fire Department is eligible to receive $35,515. These funds may be used to
purchase specified domestic preparedness equipment. After reviewing the list of
equipment, the Fire Department is recommending these funds be used to purchase
breathing apparatus. (Fire Chief)
Staffrecommendation: Council adopt the resolution.
6. ORDINANCE NO. 2889, ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING CHAPTER 18.54 OF THE CHULA VISTA
MUNICIPAL CODE, RELATING TO FLOODPLAIN REGULATIONS
The City's floodplain ordinance, Chapter 18.54 of the Municipal Code, was originally
adopted by Council on November 14, 1978. Revisions to the ordinance are necessary in
order to meet the minimum requirements of the Federal Emergency Management
Agency. (Director of Public Works)
Staff recommendation: Council place the ordinance on first reading.
7. RESOLUTION NO. 2002-465, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING A FIRST AMENDMENT TO THE
AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND MUNIFINANCIAL
FOR ENGINEERING SERVICES, APPROVING THE APPROPRIATION OF
$200,000 FOR SAiD FIRST AMENDMENT FROM THE AVAILABLE FUND
BALANCE IN THE TRANSPORTATION DEVELOPMENT IMPACT FEE FUND,
AND AUTHORIZING THE MAYOR TO EXECUTE SAID AMENDMENT
Page 3 - Council Minutes 11/19/02
CONSENT CALENDAR (Continued)
The City Council approved Resolution No. 2001-344 on October 9, 2001, approving a
contract with MuniFinancial for auditing and administering the City's Development
Impact Fee (DIF) programs. This agreement for engineering auditing services allows the
City to respond to the ongoing DIF audit/credit work and streamline the permit issuance
process. (Director of Public Works)
Staff recommendation: Council adopt the resolution.
8 A. RESOLUTION NO. 2002-466, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING A FIRST AMENDMENT TO THE
AGREEMENT WITH MUNIFINANCIAL, LLC FOR THE SPECIAL TAX
CONSULTANT SERVICES REQUIRED FOR THE ANNEXATION OF VILLAGE
SIX AND VILLAGE ELEVEN TO IMPROVEMENT AREA A OF THE EXISTiNG
OTAY RANCH PRESERVE MAiNTENANCE DISTRICT (CFD 97-2), AND
AUTHORIZING THE MAYOR TO EXECUTE SAID AMENDMENT
B. RESOLUTION NO. 2002-467, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING A FIRST AMENDMENT TO THE
AGREEMENT WITH BEST BEST AND KRIEGER, LLP, FOR THE SPECIAL TAX
LEGAL COUNSEL SERVICES REQUIRED FOR THE ANNEXATION OF VILLAGE
SIX AND VILLAGE ELEVEN TO IMPROVEMENT AREA A OF THE EXISTING
OTAY RANCH PRESERVE MAINTENANCE DISTRICT (CFD 97-2), AND
AUTHORIZING THE MAYOR TO EXECUTE SAID AMENDMENT
MtmiFinancial, LLC has been providing special tax consultant services and Best, Best
and Krieger, LLP has been providing the special tax legal counsel necessary for the
formation of many maintenance community facilities districts within the City. The scope
of their services included in the original agreement was to provide special tax services for
the formation of maintenance community facilities districts for Eastlake III Woods and&
Vistas, McMillin Company Village Six, Otay Ranch Village Six, Brookfield-Shea-Otay
Village Eleven, Village Twelve freeway commercial, and Eastlake land swap parcel,
pursuant to the "Mello-Roos Community Facilities Act of 1982." Staff has
recommended that the consultants' agreements be amended to enable the consultants to
continue to provide needed services for the required annexation of Villages Six and
Eleven to Improvement Area A of CFD 97-2. (Director of Public Works)
Staff recommendation: Council adopt the resolutions.
9. RESOLUTION NO. 2002-468, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE SECOND AMENDMENT TO THE
ACQUISITION /FINANCING AGREEMENT WITH MCMILLIN OTAY RANCH
FOR COMMUNITY FACILITIES DISTRICT NO. 97-3, (MCMILLIN OTAY RANCH
SPA ONE), AND AUTHORIZING THE MAYOR TO EXECUTE SAID
AMENDMENT
Page 4 - Council Minutes 11/19/02
CONSENT CALENDAR (Continued)
On December 8, 1998, Council approved the acquisition/financing agreement for
Community Facilities District No. 97-3 (CFD 97-3). This agreement set forth the
conditions and procedures for acquiring the McMillin Otay Ranch SPA One
improvements from the developer. The proposed second amendment provides the
developer with the option to use proceeds from CFD 97-3 to satisfy performance
obligations set forth in the agreement for financing the construction of Olympic Parkway
and related roadway improvements. (Director of Public Works)
Staff recommendation: Council adopt the resolution.
10 A. RESOLUTION NO. 2002-469, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING FIRST AMENDMENT TO THE
AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND SAN DIEGO
EXPRESSWAY LIMITED PARTNERSHIP AND AGREEMENT AFFECTING REAL
PROPERTY, AND AUTHORIZING THE MAYOR TO EXECUTE SAID
AMENDMENT ON BEHALF OF THE CITY
B. RESOLUTION NO. 2002-470, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING FIRST AMENDMENT TO THE
AGREEMENT BETWEEN THE CITY OF CHULA VISTA, NNP-TRIMARK SAN
MIGUEL RANCH AND SAN DIEGO EXPRESSWAY LIMITED PARTNERSHIP
REGARDING TRANSFER OF RIGHT-OF-WAY FOR THE CONSTRUCTION AND
OPERATION OF THE STATE ROUTE 125 SOUTH TOLL ROAD, AND
AUTHORIZING THE MAYOR TO EXECUTE SAID AMENDMENT ON BEHALF
OF THE CITY
The City has entered into two agreements relating to the construction of the State Route
125 (SR-125) toll road. The first agreement was dated April 16, 2002 and was between
the City and San Diego Expressway Limited Partnership (SDELP) to facilitate
development of the SR-125 toll road facility within the geographic boundaries of the
City. The second agreement, dated July 23, 2002, was between the City, NNP-Trimark
San Miguel Ranch and SDELP regarding the transfer of right-of-way for the construction
and operation of the SR-125 toll road facility. Both agreements specify that the escrow
deadline is December 31, 2002, and that if that date is not met, the agreement is
terminated. Due to certain actions outside the control of SDELP, that date cannot be met,
and an amendment for both agreements needs to be approved in order to extend the date
of termination. (Director of Public Works)
Staff recommendation: Council adopt the resolutions.
11. RESOLUTION NO. 2002-471, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA PLACiNG THE HOUSE LOCATED AT 435 "E" STREET,
THE WILLIAM ADA MONROE HOUSE, ON THE CITY OF CHULA VISTA'S LIST
OF HISTORIC SITES IN ACCORDANCE WITH MUNICIPAL CODE SECTION
2.32.070(A)
Page 5 - Council Minutes 11/19/02
CONSENT CALENDAR (Continued)
The property owner of 435 "E" Street has requested that her property be considered for
inclusion on Chula Vista's List of Historic Sites. (Director of Planning and Building)
Staffrecommendation: Council adopt the resolution.
ACTION: Councilmember Rindone moved to approve staff's recommendations and offered
Consent Calendar Items #1 through #11, headings read, texts waived. The motion
carried 4-0, except on item #11, which carried 3-0-1, with Councilmember
Rindone abstaining due to the proximity of his residence to the William Ada
Monroe House.
12. 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 F1RE 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 (CONTINUED FROM THE MEETING
OF NOVEMBER 12, 2002)
The City Council previously approved capital improvement program project 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 design phase of the project has already
commenced. The resolution authorizes the purchase of the real property for Fire Station
No. Seven. (Director of Building and Park Construction)
Staff recommendation: Council adopt the resolution.
ACTION: This item was continued to November 26, 2002 at the request of staff.
ORAL COMMUNICATIONS
Sandy Duncan asked that no trees be removed from Friendship Park, stating that several
residents attended the recent Resource Conservation Commission meeting and were informed
that the park's eucalyptus trees are to be replaced with palm trees. She stated that she is a
member of a newly formed group, the Chula Vista Citizens Focus, comprised of members from
all areas of Chula Vista. Ms. Duncan asked the Council to schedule a public hearing to hear the
concerns of the group.
Virgil Pina spoke regarding the need for homeless shelters in Chula Vista. He gave a synopsis of
what the City of San Diego does for their homeless and asked whether or not the City has
requested fimding assistance from the state and, if not, whether the City plans to do so. He stated
that a winter shelter is a great opportunity to inform the homeless of prospects for job training,
education, and healthcare. Deputy Mayor Padilla asked that staff provide the appropriate
information to the Human Relations Commission and Mr. Pina.
Page 6 - Council Minutes 11/19/02
PUBLIC HEAR1NGS
13. CONSIDERATION OF ADOPTION OF AN URGENCY ORDINANCE MODIFYING
THE EXISTING TELEGRAPH CANYON SEWER PUMPED FLOWS
DEVELOPMENT IMPACT FEE URGENCY ORDINANCE
On October 22, 2002, City Council approved Urgency Ordinance No. 2884-A, modifying
Ordinance No. 2582. This proposed urgency ordinance enables the City to continue to
collect the fee during the sixty-day waiting period before the regular ordinance becomes
effective. (Director of Public Works)
Notice of the heating was given in accordance with legal requirements, and the heating was held
on the date and at the time specified in the notice.
Deputy Mayor Padilla opened the public heating. With no members of the public wishing to
speak, he then closed the heating.
ACTION: Councilmember Salas offered Urgency Ordinance No. 2884-B, heading read, text
waived:
URGENCY ORDINANCE NO. 2884-B, 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 4-0.
14. CONSIDERATION OF ADOPTION OF AN ORDINANCE AMENDING CHAPTER X
(BUILDING AND HOUSING) OF THE CITY'S MASTER FEE SCHEDULE BY
INCREASING BUILDING PERMIT FEES TO REFLECT INCREASED
CONSTRUCTION INSPECTION COSTS, AND ADOPTION OF A RESOLUTION
APPROVING VARIOUS PERSONNEL AND EQUIPMENT ADDITIONS IN THE
PUBLIC WORKS DEPARTMENT (CONTINUED FROM 11/12/02)
As part of its strong commitment to promoting the health and safety of the community at
large, the City currently requires and conducts a comprehensive set of building-related
inspections on all new construction. The recent adoption of a new National Pollution
Discharge Elimination System (NPDES) permit by the San Diego Regional Water
Quality Control Board has created the need for extensive additional inspections to ensure
that the City remains in compliance with the compulsory requirements of the permit. The
City's current inspection staff is insufficient to carry out this increased workload, and
additional staffing is, therefore, required. Staff has recommended an adjustment to the
building permit fees to reflect the increased costs associated with inspection of new
construction. (Director of Public Works)
Page 7 - Council Minutes 11/19/02
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.
Deputy Mayor Padilla opened the public hearing. With no members of the public wishing to
speak, he then closed the hearing.
ACTION: Councilmember Davis offered Ordinance No. 2890 for first reading and
Resolution No. 2002-472 for adoption, headings read, texts waived:
ORDINANCE NO. 2890, ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA, AMENDING CHAPTER X (BUILDING AND
HOUSING) OF THE CITY'S MASTER FEE SCHEDULE BY INCREASING
BUILDING PERMIT FEES TO REFLECT iNCREASED CONSTRUCTION
INSPECTION COSTS
RESOLUTION NO. 2002-472, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA CREATING A NEW CLASSIFICATION OF
STORM WATER COMPLIANCE INSPECTOR IN THE CHULA VISTA
EMPLOYEES ASSOCIATION (CVEA) BARGAiNING UNIT; AMENDING
THE FISCAL YEAR 2003 BUDGET TO ADD TWO STORM WATER
COMPLIANCE INSPECTORS, ONE MAINTENANCE WORKER I/II, AND
ONE SENIOR MAiNTENANCE WORKER TO THE PUBLIC WORKS
DEPARTMENT; TRANSFERRING $79,530 FROM SUPPLIES AND
SERVICES TO TRANSFERS OUT iN THE STORM DRAIN REVENUE
FUND; APPROPRIATING $114,652 FOR PERSONNEL SERVICES AND
RELATED SUPPLIES AND SERVICES IN THE PUBLIC WORKS
DEPARTMENT, BASED ON UNANTICIPATED REVENUE FROM
TRANSFERS iN FROM THE STORM DRAIN FUND AND BUILDING
PERMIT FEES; TRANSFERRING $22,100 FROM SUPPLIES AND
SERVICES TO CAPITAL 1N THE FISCAL YEAR 2003 STORM DRAiN
REVENUE FUND BUDGET TO PURCHASE AN INSPECTION VEHICLE
AND RELATED EQUIPMENT; AND APPROPRIATING $20,600 FROM THE
AVAILABLE BALANCE OF THE PUBLIC FACILITIES DEVELOPMENT
IMPACT FEE FUND FOR THE PURCHASE OF THE SECOND INSPECTION
VEHICLE
The motion carried 4-0.
OTHER BUSINESS
15. CITY MANAGER'S REPORTS
There were none.
16. MAYOR'S REPORTS
There were none.
Page 8 - Council Minutes 11/19/02
OTHER BUSINESS (Continued)
17. COUNCIL COMMENTS
Jerry Rindone: Ratification of appointment to the Community School Task Fome - Mike
Green (to replace Mikki Zbikowski)
ACTION: Councilmember Rindone moved to ratify the appointment of Mike Green to the
Community School Task Force. Councilmember Davis seconded the motion, and
it carried 4-0.
Councilmember Rindone requested staff to come back to Council with a resolution permitting
the City Manager to accept donations of $100 or less on behalf of the City.
CLOSED SESSION
18. CONFERENCE WITH LEGAL COUNSEL REGARDING ANTICIPATED
LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(B)
· One case
ACTION: Direction was given to Counsel.
19. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION
PURSUANT TO GOVERNMENT CODE SECTION 54956.9(A)
Building Industry Association of San Diego v. State Water Resources Control
Board, et al; San Diego Superior Court Case No. GIC 780263
ACTION: Direction was given to Counsel.
20. CONFERENCE WITH REAL PROPERTY NEGOTIATOR PURSUANT TO
GOVERNMENT CODE SECTION 54956.8
Property: Assessor's Parcel No. 617-072-08 (located at 1196 Industrial
Boulevard)
Negotiating Parties: City of Chula Vista (Scott Noya of Daley & Heft) and Lindley
Family Trust, Owner
Under Negotiation: Price and terms for acquisition
ACTION: Direction was given to Counsel.
21. CONFERENCE WITH REAL PROPERTY NEGOTIATOR PURSUANT TO
GOVERNMENT CODE SECTION 54956.8
Property: Assessor's Parcel No. 618-200-59 (approximately 5.2 acres of
vacant commercial land located on Oxford Street, between
Broadway and Industrial Boulevard)
Negotiating Parties: City of Chula Vista (Andy Campbell, Lyle Haynes) and Robert B.
Lapidus, Esq. (on behalf of the owner)
Under Negotiation: Price and terms for acquisition
ACTION: Direction was given to staff.
Page 9 - Council Minutes 11/19/02
CLOSED SESSION (Continued) -
22. CONFERENCE WITH REAL PROPERTY NEGOTIATOR PURSUANT TO
GOVERNMENT CODE SECTION 54956.8
Property: The Chula Vista Municipal Golf Course on Bonita Road and seven
adjacent acres owned by the City.
Negotiating Parties: City of Chula Vista (Sid Moms), American Golf Corporation,
County of San Diego, and Bitterlin Development Corporation.
Under Negotiation: Price and terms of disposition and/or lease.
ACTION: Direction was given to Counsel.
ADJOURNMENT
At 8:45 p.m., Deputy Mayor Padilla adjourned the meeting to an Adjourned Regular Meeting for
Closed Session on November 26, 2002 at 4:00 p.m. in the Council Conference Room, and thence
to the Regular Meeting of November 26, 2002, at 6:00 p.m. in the Council Chambers.
~usan ige ow, CMC, City Clerk
Page 10 - Council Minutes 11/19/02