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HomeMy WebLinkAboutcc min 2002/11/26 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA November 26, 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, Padilla, Rindone, Salas, and Mayor Horton ABSENT: Councilmembers: None ALSO PRESENT: City Manager Rowlands, City Attorney Kaheny, and City Clerk Bigelow PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE CONSENT CALENDAR (Items 1 through 12) Item #9 was removed from the Consent Calendar and tabled at the request of staff. Item #10 was moved to Action Items at the request of staff. 1. 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 REGULATIONS (SECOND READING AND ADOPTION) Adoption of the ordinance adjusts the building permit fees to reflect the increased costs associated with inspection of new construction. This ordinance was introduced at the Regular Meeting of November 19, 2002. (Director of Public Works) Staff recommendation: Council place the ordinance on second reading for adoption. 1 A. 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 (SECOND READiNG AND ADOPTION) The City's floodplain ordinance, contained in Chapter 18.54 of the Municipal Code, was originally adopted by the 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 second reading for adoption. CONSENT CALENDAR - 2. RESOLUTION NO. 2002-473, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DECLARiNG ITS iNTENTION TO CONSIDER MODIFICATION TO THE FACILITIES AUTHORIZED TO BE FiNANCED BY COMMUNITY FACILITIES DISTRICT NO. 2001-2 (MCMILLIN OTAY RANCH - VILLAGE SIX) McMillin Otay Ranch, LLC has requested that the City initiate a change in proceedings to consider the modification of the facilities authorized to be financed fi.om Community Facilities District No. 2001-2 (CFD No. 2001-2) for the acquisition or construction of public facilities serving their properties in Village Six. Adoption of the resolution declares the intention of the City Council to modify the facilities authorized to be financed and sets the public heating for this consideration for January 7, 2003. (Director of Public Works) Staff recommendation: Council adopt the resolution. 3. RESOLUTION NO. 2002-474, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING STREET CLOSURES AT MOSS STREET AND NAPLES STREET, AND AUTHORIZING THE METROPOLITAN TRANSIT DEVELOPMENT BOARD TO EXECUTE SAID CLOSURES The Metropolitan Transit Development Board (MTDB) has a capital improvement project to upgrade all at-grade railroad crossings along the San Diego Trolley blue line. Two of the crossings that are proposed for upgrading, at Moss Street and Naples Street, are within Chula Vista. The work to be performed involves removing existing timber crossing material and pavement within the track bed and in the street crossing, and installing new rails, ties, asphalt and concrete paving, and rubber panel inserts. This work is needed to rehabilitate the existing crossings to improve the trolley line's rail profile and to provide a much smoother roadway for the vehicles that utilize these crossings. MTDB is requesting that the City approve a work plan for their contractor to close both Moss and Naples Streets for an extended period of time. (Director of Public Works) Staff recommendation: Council adopt the resolution. 4. RESOLUTION NO. 2002-475, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTiNG THE CITY OF CHULA VISTA'S STORM WATER MANAGEMENT STANDARDS REQUIREMENTS MANUAL, iNCLUDiNG THE LOCAL STANDARD URBAN STORM WATER MITIGATION PLAN FOR SUBMITTAL TO THE SAN DIEGO REGIONAL WATER QUALITY CONTROL BOARD AS REQUIRED BY THE NATIONAL POLLUTANT DISCHARGE ELIMiNATION SYSTEM (NPDES) MUNICIPAL PERMIT, AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO APPROVE FUTURE AMENDMENTS Page 2 - Council Minutes 11/26/02 CONSENT CALENDAR (Continued) Amongst other requirements, the National Pollutant Discharge Elimination System (NPDES) municipal permit requires that all municipalities of San Diego County, as well as the San Diego Unified Port District and the County of San Diego, collectively referred to as the co-permittees, prepare and submit a model Standard Urban Storm Water Mitigation Plan (SUSMP) and individual local SUSMPs to the Regional Board for review and approval. The SUSMP's set out standards for permanent structural Best Management Practices (BMPs) on high priority development and redevelopment projects in order to ensure that such projects will not adversely impact the quality of receiving waters and sensitive areas during the post-construction phase of the project. Adoption of the resolution approves the City's local SUSMP. A manual was also developed to guide the developers and construction permit applicants through the process of determining if they are required to comply with the SUSMP requirements, and to provide guidelines for selecting the most suitable permanent BMPs and determine the size of the BMPs for the site conditions. (Director of Public Works) Staffrecommendation: Council adopt the resolution. 5. RESOLUTION NO. 2002-476, RESOLUTION OF THE CITY COLrNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2002/2003 BUDGET BY APPROPRIATING $87,762 FROM THE UNAPPROPRIATED BALANCE OF THE SEWER FUND, APPROPRIATING $28,500 FROM THE UNAPPROPRIATED BALANCE OF THE EQUIPMENT REPLACEMENT FUND; AND IN ACCORDANCE WITH MUNICIPAL CODE SECTION 2.56.070B.3, WAIVING THE FORMAL BID PROCEDURE AND AWARDING A PURCHASE AGREEMENT TO EW TRUCK & EQUIPMENT, INC. FOR A TRENCH PLATE As part of the two-year budget cycle, a flatbed truck was approved for its normal replacement cycle for the Wastewater Section of Public Works Operations during fiscal year 2001/2002; however, this truck was not purchased. Six potential bidders for a trench plate truck were contacted, and three bidders responded. One local supplier was contacted but did not submit a bid. (Director of Public Works, Assistant City Manager Powell) Staffrecommendation: Cotmcil adopt the resolution. 6. RESOLUTION NO. 2002-477, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A TWO-PARTY AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND RECON, CONSULTANT, FOR CONSULTING SERVICES 1N SUPPORT OF THE CITY'S GENERAL PLAN UPDATE, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT Adoption of the resolution approves an agreement with Recon to prepare ten enviromnental baseline studies and an optional summary document in support of the City's General Plan update. (Director of Planning and Building) Staff recommendation: Council adopt the resolution. Page 3 - Council Minutes 11/26/02 CONSENT CALENDAR (Continued) - 7. RESOLUTION NO. 2002-478, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A TWO-PARTY AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND RECON, CONSULTANT, FOR SERVICES RELATED TO THE BIOLOGICAL MITIGATION AND MAINTENANCE MONITORING REQUIREMENTS FOR THE SALT CREEK INTERCEPTOR SEWER RE-VEGETATION PROJECT, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT Adoption of the resolution approves the agreement for upland and wetland habitat creation, restoration, and long-term monitoring services to be rendered for the Salt Creek interceptor sewer project for a period of approximately five and one-half years at a not- to-exceed cost of $433,629. (Director of Planning and Building) Staff recommendation: Council adopt the resolution. 8. RESOLUTION NO. 2002-479, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING $32,900 FROM THE UNAPPROPRIATED BALANCE OF FISCAL YEAR 2001/2002 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR THE DEVELOPMENT OF AN INTERACTIVE GEOGRAPHICAL INFORMATION SYSTEM (GIS) MAPPING PROGRAM As part of the redesign of the City's website, the Economic Development Division is _ recommending inclusion of an interactive web-based GIS application aimed specifically at the business and development community. Many cities throughout California already offer advanced GIS applications on their websites that provide businesses instantaneous, 24-hour access to updated demographic, planning, traffic, site selection, and zoning information. Providing this type of accurate, timely and specific information to potential investors in Chula Vista via the Internet will allow the City to remain competitive with other progressive communities. (Director of Community Development) Staff recommendation: Council adopt the resolution. 10. This item was moved to Action Items. 11 A. RESOLUTION NO. 2002-481, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CREATING A NEW CLASSIFICATION OF BUILDING CONSTRUCTION MANAGER AND PLACING IT IN THE MID-MANAGEMENT GROUP; AND AMENDiNG THE FISCAL YEAR 2003 ADOPTED BUDGET OF THE ADMiNISTRATION DEPARTMENT BY MAKING THE FOLLOWiNG PERSONNEL CHANGES iN THE OFFICE OF BUILDiNG AND PARKS CONSTRUCTION; RECLASSIFYING TWO BUILDING PROJECT SUPERVISOR POSITIONS TO SENIOR BUILD1NG PROJECTS SUPERVISORS; DELETING ONE BUILDING PROJECTS COORDINATOR, ONE ENGINEERING TEChSXTICIAN II AND ONE ENGINEERING TECHNICIAN III; ADDING ONE BUILD1NG CONSTRUCTION MANAGER, ONE SENIOR FISCAL OFFICE SPECIALIST, ONE SENIOR CIVIL ENGINEER AND ONE LANDSCAPE iNSPECTOR; AND CHANGING THE TITLE OF THE BUILDING PROJECTS MANAGER TO ASSISTANT DIRECTOR OF BUILDING AND PARKS Page 4 - Council Minutes 11/26/02 CONSENT CALENDAR (Continued) B. RESOLUTION NO. 2002-482, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA TRANSFERRING ONE SENIOR OFFICE SPECIALIST POSITION AND THE ASSOCIATED $47,263 IN BUDGETED PERSONNEL SERVICES FROM THE PUBLIC WORKS DEPARTMENT TO THE ADMINISTRATION DEPARTMENT Adoption of the resolutions approves the reorganization of the Office of Building and Parks Construction in the Administration Department, including the creation, deletion and reclassification of positions, and the transfer of one position from Public Works to Administration. (Director of Building and Parks Construction) Staff recommendation: Council adopt the resolutions. 12. RESOLUTION NO. 2002-483, 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 1N VILLAGE TWO OF OTAY RANCH IN EASTERN CHULA VISTA, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT (CONTINUED FROM THE MEETING OF NOVEMBER 19, 2002 The City Council previously approved capital improvement program project PS-150, which involves the construction of a completed and fully fimctional 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: Councilmember Rindone moved to approve staff's recommendations and offered Consent Calendar Items #1 through #8, #l 1 and #12, headings read, texts waived. The motion carried 5-0. 9. 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 CID FOR THE PREPARATION OF STRUCTURAL AND ARCHITECTURAL FEASIBILITY EVALUATIONS REGARDING THE RENOVATION OF ROHR MANOR, AND TRANSFERRING $24,465 FROM THE EXISTING NORMAN PARK RESTROOM CIP TO THE NEWLY CREATED CIP FOR THE ROHR MANOR ARCHITECTURAL EVALUATIONS The condition of Rohr Manor, located in Rohr Park, has deteriorated in recent years. Given its age and state of disrepair, it is prudent for the City to perform an architectural review of the building, which would include an analysis of the building's current condition to determine the feasibility of making repairs. Included in this analysis will be the preparation of a cost estimate for the repairs necessary to bring the building up to an acceptable condition. (Director of Building and Parks Construction) ACTION: Item #9 was tabled at the request of staff. No action was taken on this item. Page 5 - Cotmcil Minutes 11/26/02 ORAL COMMUNICATIONS - Kelly Huska, Chief of Staff for the San Diego Regional Economic Development Corporation, highlighted key regional marketing projects and presented the Council with framed advertisements from the past year. Gregory Post, attorney for Martin Altbaum, spoke regarding the extension of the Chula Vista Cable franchise agreement of 1987, stating that Mr. Altbaum believes that the conditions stipulated by City staff are unreasonable and unwarranted. Mr. Post asked the Council to consider the information submitted and to schedule a hearing this year to resolve the issue. Judy Cave objected to the replacement of the existing trees in Friendship Park with palm trees. She asked the Council to reconsider the plans. Mayor Horton referred the matter to staff. J.R. Quinn expressed concern regarding traffic lights on Otay Lakes Road at La Meridia and at East H Street. Mayor Horton referred the matter to staff to review the coordination of lights in the specified corridor. Jonathan Gonzales, representing the HIV Prevention Board, announced that November is HIV and A1DS awareness month. He reported on the status of AIDS in San Diego County and asked the Council to support AIDS awareness. Sharon Floyd stated that on November 18, 2002, she met with tree experts to discuss the City's plans to replace the eucalyptus trees in Friendship Park with pine trees. The tree experts believed the existing trees to be healthy and well maintained; and also commented that sculpted palm trees planted near coastal areas are susceptible to disease. She stated that replacing the trees would not enhance the park, and she asked the Council to reconsider this element of the proposed plan. Steve Molski spoke regarding the comments made by Gregory Post and urged the Council to keep the strict regulations by the City in fome concerning Mr. Altbaum and Chula Vista Cable. Dan Hom complimented Mayor Horton on the good job she has done for the City and praised her for being a positive role model for the Asian community. He wished her good luck in the Assembly. PUBLIC HEARINGS Item #14 was taken out of order and considered prior to Item #13. 13. CONSIDERATION OF AN AMENDMENT TO THE EASTLAKE III SPA PLAN DESIGN GUIDELINES TO ADD A CONTEMPORARY ARCHITECTURE STYLE TO THE WR-1 LAND USE DISTRICT PERMITTED PALETTE OF HOUSE DESIGNS. (PCM 03-11- APPLICANT: THE EASTLAKE COMPANY) The EastLake Company has submitted an application to amend the EastLake III SPA Plan design guidelines to add an American contemporary architecture style to the acceptable house designs permitted within the WR-1 parcel, as shown on the adopted EastLake III SPA Plan. The amendment also permits construction of homes in additional architectural styles, pursuant to site plan and architectural design review by the Director of Planning and Building. (Director of Planning and Building) Page 6 - Council Minutes 11/26/02 PUBLIC HEAR1NGS (Continued) 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 Zumwalt presented the proposed Eastlake Woods design guidelines amendment. Deputy Mayor Padilla opened the public heating. Them were no members of the public wishing to speak. Mayor Horton returned to the dais at 6:47 p.m. and, with no members of the public wishing to speak, she then closed the public hearing. ACTION: Councilmember Salas offered Resolution No. 2002-484, heading read, text waived: RESOLUTION NO. 2002-484, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AMENDMENT TO THE EASTLAKE III SPA PLAN DESIGN GUIDELINES The motion carried 5-0. 14. CONSIDERATION OF WA1VER OF DESIGN REVIEW COMMITTEE PROCESSING FEE BY CALVARY CHAPEL Calvary Chapel has requested a waiver of its processing fees for Design Review Committee (DRC) heatings under Section 3.45.010 of the Municipal Code. This code section allows the City Council to waive all or a portion of the City's master fee schedule for economic hardships. Historically, the City Council has found the processing fees to be an economic hardship to non-profit organizations. The total DRC processing fees for Calvary Chapel amount to $27,092. (Director of Planning and 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. At 6:40 p.m., Mayor Horton left the dais. Deputy Mayor Padilla opened the public hearing. With no members of the public wishing to speak, he then closed the heating. Councilmember Rindone asked whether the requested waiver includes both the school and church. Principal Planner Rosaler replied that the waiver is for the entire project, which includes both the church and school components. ACTION: Councilmember Davis offered Resolution No. 2002-485, heading read, text waived: RESOLUTION NO. 2002-485, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A WAIVER OF DESIGN REVIEW COMMITTEE PROCESSING FEES FOR CALVARY CHAPEL PROJECT IN VILLAGE FIVE OF THE OTAY RANCH The motion carried 4-0, with Mayor Horton absent from the dais. Page 7 - Council Minutes 11/26/02 ACTION ITEMS -- Item #10 was moved from the Consent Calendar to Action Items at the request of staff. 10. RESOLUTION NO. 2002-480, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING $1,842,544 FROM MULTIPLE FUND1NG SOURCES TO COMPLETE ALL NECESSARY WORK AND MAKE ALL FINAL PAYMENTS TO CONSULTANTS AND CONTRACTORS ON THE NEW PUBLIC WORKS CENTER (GG 131) Adoption of the resolution authorizes the final appropriation of funds for the new Public Works Center, which will enable the City to make final payments to all contractors and consultants with respect to the Public Works Center Capital Improvement Program project (GG-131). (Director of Building and Parks Construction) Building and Park Construction Director Campbell explained the delivery method of the design/ build process of the project. Councilmember Salas expressed the need to provide periodic reviews and reports of costs associated with the new police facility to the Council. Regarding the Corporation Yard, Councilmember Salas requested a report on whether or not any City staff time was used for completion of change orders, and whether any part of the $1,842,544 is reimbursed to the City for staff time expended on this project. Assistant Director of Building and Park Construction Griffin responded that approximately $500,000 of staff time was utilized, and that unless there were project savings, staff time would not be reimbursed. _ ACTION: Councilmember Davis offered Resolution No. 2002-480, heading read, text waived. The motion camed 5-0. 15. CONSIDERATION OF ADOPTION OF THE 2003 LEGISLATIVE PROGRAM By adopting a legislative program each year, Chula Vista can take a proactive role in sponsoring, supporting or opposing proposals related to the City's various legislative priorities. (Legislative Committee, Intergovernmental Affairs Coordinator) ACTION: Deputy Mayor Padilla offered Resolution No. 2002-486, heading read, text waived: RESOLUTION NO. 2002-486, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE 2003 LEGISLATIVE PROGRAM The motion carried 5-0. OTHER BUSINESS 16. CITY MANAGER'S REPORTS City Manager Rowlands announced that a workshop would be held at 9:00 a.m. on December 7, 2002, in the Chula Vista High School cafeteria, to discuss development of the mid-bayfront - property. Page 8 - Council Minutes 11/26/02 OTHER BUSINESS (Continued) 17. MAYOR'S REPORTS Mayor Horton presented her farewell address, recognizing and thanking former colleagues Gayle McCandliss, Greg Cox, Leonard Moore, David Malcolm, Tim Nader, John Moot, and Scott Alvey. She expressed kind words for the current Councilmembers and incoming Councilmember McCann. She then praised City staff for their hard work and accomplishments during her tenure. She also thanked the residents of Chula Vista. 18. COUNCIL COMMENTS Councilmember Davis wished all a good Thanksgiving and also invited the community to attend the inaugural celebration and ceremony on December 3, 2002 at noon in the City Hall courtyard. Councilmember Salas expressed her pleasure at having served with Mayor Horton and said she was delighted to have such good representation in Sacramento. Regarding the Council meeting of December 3, 2002, Councilmember Rindone suggested that Council ratify staffs recommendation to change the meeting time from 12:00 noon to 11:00 a.m. ACTION: Councilmember Rindone moved to change the December 3, 2002 meeting time from 12:00 noon to 11:00 a.m. Councilmember Davis seconded the motion, and it carried 5-0. Councilmember Rindone then congratulated Mayor Horton on her outstanding service to the City and wished her well in Sacramento. Deputy Mayor Padilla also wished City staff and the community a happy Thanksgiving. He stated that it had been an honor and a pleasure to work with Mayor Horton, and he then presented her with a bouquet of flowers as a token of affection on behalf of the Council. CLOSED SESSION 19. PUBLIC EMPLOYEE PERFORMANCE EVALUATIONS PURSUANT TO CALIleORNIA GOVERNMENT CODE SECTION 54954.5 (e) Performance Evaluation for City Manager The performance evaluation was conducted. ADJOURNMENT At 9:40 p.m., Mayor Horton adjourned the meeting to an Adjourned Regular Meeting on December 3, 2002 at 11:00 a.m. in the Council Conference Room, and thence to an Adjourned Regular Meeting on December 3, 2002 at 12:00 noon at the City Hall concourse, and thence to an Adjourned Regular Meeting on December 7, 2002, at 9:00 a.m. at the Chula Vista High School cafeteria, located at 820 Fourth Avenue, and thence to the Regular Meeting of December 10, 2002, at 6:00 p.m. in the Council Chambers. Susan Bigelow, CMC, City Clerk Page 9 - Council Minutes 11/26/02