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HomeMy WebLinkAboutcc min 2003/01/14 MINUTES OF A REGULAR MEETiNG OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA January 14, 2003 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, McCann, 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 AL SORENSEN UPON HIS RETIREMENT FROM SWEETWATER AUTHORITY AFTER 25 YEARS OF SERVICE Mayor Padilla read the proclamation, and Deputy Mayor Rindone presented it to A1 Sorensen. Director of Public Works Lippitt also recognized Mr. Sorensen, thanking him for his 25 years of efforts and cooperation between the City and Sweetwater Authority, and he wished him well in his retirement. · PRESENTATION BY ASSISTANT CITY MANAGER POWELL OF THE NATIONAL PURCHASiNG 1NSTITUTE'S ACHIEVEMENT OF EXCELLENCE 1N PROCUREMENT AWARD TO PURCHASING AGENT COGGINS AND PURCHASING DIVISION STAFF Assistant City Manager Powell introduced and recognized the Purchasing Division staff for their achievement of excellence in procurement for the second year in succession. Mayor Padilla then presented the award to Purchasing Agent Coggins. CONSENT CALENDAR (Items 1 through 6) 1. APPROVAL OF MINUTES of December 17, 2002 and January 7, 2003. Staff recommendation: Council approve the minutes. 2. WRITTEN COMMUNICATIONS A. Letter of resignation from John Liken, member of the Growth Management Oversight Commission. Staff recommendation: Council accept the resignation and direct the City Clerk to post immediately according to Maddy Act requirements. CONSENT CALENDAR (Continued) B. Letter from Alya V. Ali, a Chula Vista resident and eleventh grade student at Castle Park High School, requesting financial assistance to attend the 2003 Youth Leadership Conference at Freedoms Foundation at Valley Forge, Pennsylvania and Washington D.C. Staff recommendation: Council grant $50 from the Council Contingency Account to Alya V. Ali toward expenses incurred for her attendance at the 2003 Youth Leadership Conference. 3. RESOLUTION NO. 2003-010, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATiNG $53,705 IN THE TOWN CENTRE LANDSCAPE MAINTENANCE DISTRICT FUND (FUND 351) FOR ELIGiBLE LANDSCAPE MAiNTENANCE The Downtown Property and Business Improvement District (PBID), formed by a vote of downtown property owners in 2001, came into effect on January 1, 2002. The activities formerly carried out by the Town Centre Landscape Maintenance District were incorporated into the new PBID. Adoption of the resolution enables the City to use the remaining funds collected for the Landscape Maintenance District to enhance the landscaping contained within the original district boundaries. (Director of Engineering) Staffrecommendation: Council adopt the resolution. 4. RESOLUTION NO. 2003-011, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DECLARING CITY'S INTENTION TO UNDERGROUND OVERHEAD UTILITIES ALONG EAST "J" STREET FROM EAST OF LORI LANE TO HILLTOP DRIVE, AND SETTiNG A PUBLIC HEARING FOR THE FORMATION OF UTILITY UNDERGROUND DISTRICT NUMBER 138 FOR FEBRUARY 11, 2003 AT 6:00 P.M On November 12, 1991, the Council approved 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 1, 2002, an Underground Utility Advisory Committee meeting was held at the site to determine the proposed boundary of an underground utility district for the conversion of existing overhead utilities. The district's limits extend along East "J" Street, from east of Lori Lane to Hilltop Drive. (Director of Engineering) Staff recommendation: Council adopt the resolution. 5. RESOLUTION NO. 2003-012, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AWARDING A PURCHASE AGREEMENT IN THE AMOUNT OF $310,564.68 FOR TWELVE REPLACEMENT POLICE PURSUIT SEDANS TO VILLA FORD, 1N ACCORDANCE WITH THE TERMS AND CONDITIONS OF CITY OF SAN DIEGO COOPERATIVE BID NO. A3044/00 Page 2 - Council Minutes 01/14/03 CONSENT CALENDAR (Continued) The fiscal year 2002/2003 equipment maintenance budget provides for the replacement of 12 police pursuit sedans. Municipal Code Section 22.56.140 and Council Resolution No. 6132 authorize the Purchasing Agent to participate in cooperative bids with other government agencies for the purchase of materials of common usage. The City has an opportunity to participate in a current City of San Diego bid for favorable terms and pricing. (Director of Public Works Operations) Staffrecommendation: Council adopt the resolution. 6. RESOLUTION NO. 2003-013, RESOLUTION OF THE CHULA VISTA CITY COUNCIL APPROVING A TWO-PARTY AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND ECONOMICS RESEARCH ASSOCIATES FOR FINANCIAL CONSULTING SERVICES TO PREPARE MODELS AND FISCAL IMPACT ANALYSES FOR THE CITY'S GENERAL PLAN UPDATE, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT In November 2001, the Council approved an overall work program and budget for the two-plus-year General Plan update project. Included in that work program and budget were the preparation of several studies to be done by consultants, including the preparation of a fiscal impact analysis (FIA). A request for proposals was issued, and a competitive selection process was conducted to choose a consultant to prepare the fiscal impact analysis. The City's selection committee chose Economics Research Associates (ERA) to complete the work for a cost of $89,895. The proposed FIA contract includes the preparation of a customized fiscal impact model and the analysis and presentation of the fiscal impacts of various General Plan land use and policy alternatives. (Director of Planning and Building) 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. ORAL COMMUNICATIONS There were none. PUBLIC HEARINGS 7. CONSIDERATION OF APPROVAL OF THE FORMATION OF COMMUNITY FACILITIES DISTRICT NO. 08-I (OTAY RANCH VILLAGE SIX) AND AUTHORIZATION TO LEVY SPECIAL TAXES AND TO INCUR A BONDED INDEBTEDNESS SECURED BY SUCH SPECIAL TAXES Community Facilities District (CFD) 08-I will fund the construction of public facilities, such as roadways, for the Otay project. In addition, a portion of the proceeds may be authorized to be used for certain transportation projects as directed by the City. Adoption of the resolutions continues the formal proceedings leading to the establishment of CFD 08-I and the authorization, subject to the approval of the qualified electors, to levy special taxes and to issue bonds secured by the levy of such special taxes. (Director of Engineering) Page 3 - Council Minutes 01/14/03 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 heating. There being no members of the public wishing to speak, he then closed the public hearing. ACTION: Councilmember Davis offered Resolution Nos. 2003-014 and 2003-015, headings read, texts waived: RESOLUTION NO. 2003-014, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA FORMING AND ESTABLISHiNG COMMUNITY FACILITIES DISTRICT NO. 08-1 (OTAY RANCH VILLAGE SIX), AND AUTHORIZING SUBMITTAL OF LEVY OF SPECIAL TAXES WITHIN SUCH COMMUNITY FACILITIES DISTRICT TO THE QUALIFIED ELECTORS THEREOF RESOLUTION NO. 2003-015, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DECLARING NECESSITY TO INCUR BONDED INDEBTEDNESS FOR COMMUNITY FACILITIES DISTRICT NO. 08-I (OTAY RANCH VILLAGE SIX), SUBMITTiNG TO THE QUALIFIED ELECTORS OF SUCH COMMUNITY FACILITIES DISTRICT SEPARATE PROPOSITIONS TO AUTHORIZE THE LEVY OF A SPECIAL TAX - THEREiN, TO AUTHORIZE SUCH COMMUNITY FACILITIES DISTRICT TO INCUR A BONDED INDEBTEDNESS SECURED BY THE LEVY OF SUCH SPECIAL TAX TO FINANCE CERTAIN TYPES OF PUBLIC FACILITIES, AND TO ESTABLISH AN APPROPRIATIONS LIMIT FOR SUCH COMMUNITY FACILITIES DISTRICT, AND GIVING NOTICE THEREON The motion carded 5-0. 8. CONSIDERATION OF APPROVAL TO MODIFY THE TYPES OF PUBLIC FACILITIES AUTHORIZED TO BE FINANCED BY COMMUNITY FACILITIES DISTRICT NO. 2001-2 (MCMILLIN-OTAY RANCH -VILLAGE SIX) (CONTINUED FROM THE MEETING OF JANUARY 7, 2003) On November 26, 2002, the Council approved the intention to consider modification to the types of public facilities authorized to be financed by Community Facilities District No. 2001-2. Adoption of the resolution continues the formal proceedings leading to the modification of the types of public facilities authorized to be financed by Community Facilities District No. 2001-2, subject to the approval of the qualified electors. (Director of Engineering) 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. Page 4 - Council Minutes 01/14/03 PUBLIC HEARINGS (Continued) Mayor Padilla opened the public hearing. With no members of the public wishing to speak, he then closed the public hearing. ACTION: Councilmember McCann offered Resolution No. 2003-016, heading read, text waived: RESOLUTION NO. 2003-016, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACTiNG iN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2001-2 (MCMILLiN - OTAY RANCH - VILLAGE SIX), MAKING CERTAiN DETERMiNATIONS AND AUTHORIZiNG THE SUBMITTAL OF THE PROPOSED MODIFICATIONS TO THE FACILITIES AUTHORIZED TO BE FiNANCED BY SUCH COMMUNITY FACILITIES DISTRICT TO THE QUALIFIED ELECTORS The motion carried 5-0. 9. CONSIDERATION OF APPROVAL OF A REQUEST BY ACI SUNBOW TO ENTER iNTO A DEVELOPMENT AGREEMENT WITH THE CITY OF CHULA VISTA WHICH WOULD ALLOW THEM TO VEST THEIR ENTITLEMENTS FOR iNDUSTRIAL DEVELOPMENT ON PROPERTY IN THE SUNBOW DEVELOPMENT, LOCATED SOUTH OF OLYMMPIC PARKWAY AND EAST OF BRANDYWINE AVENUE (PCM-03-17) Adoption of the ordinance approves a development agreement with ACI Stmbow, LLC, allowing them to vest their entitlements for industrial development on property in the Sunbow Development. (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 Steichen presented the proposed project. 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. 2893 for first reading, heading read, text waived: ORDINANCE NO. 2893, ORDiNANCE OF THE CITY COLrNCIL 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 The motion camed 5-0. 10. CONSIDERATION OF APPROVAL OF A TENTATIVE SUBDIVISION MAP (PCS- 99-05) TO DEVELOP FIVE LOTS FOR SiNGLE-FAMILY HOMES AT 387 DATE STREET (APPLICANT: JAMES HURRELL) Page 5 - Council Minutes 01/14/03 PUBLIC HEAR1NGS (Continued) The developer requests approval for a five-lot subdivision known as Park View Estates, located at the southerly end of Date Street. The project site is located in an existing single-family residential (R-1-5-P) zone, with a Montgomery Specific Plan land use designation of low/medium density residential (6 11 dwelling units per acre), and a General Plan land use designation of low medium residential (6 - 11 dwelling units per acre). (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 Phelps gave a brief presentation on the project. Councilmember Salas stated that the project applicant had contacted her to express concern regarding park fees. Because the proposed development is small, he asked that the fees be reviewed. Planning and Building Director Leiter responded that staff would be happy to review the fees with the applicant to see if any opportunities for lower fees existed under the City's current ordinances and regulations. Mayor Padilla opened the public hearing. James Hurrell, the project applicant, stated that he was hopeful that the City would also assist him with the costs of other required improvements, such as the cul-de-sac, street light installation, and traffic signals. With no further members of the public wishing to speak, Mayor Padilla closed the public hearing. ACTION: Councilmember Salas offered Resolution No. 2003-017, heading read, text waived: RESOLUTION NO. 2003-017, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE MITIGATED NEGATIVE DECLARATION AND APPROVING A TENTATIVE SUBDIVISION MAP FOR THE PARK VIEW ESTATES, A 0.99-ACRE, FIVE LOT SUBDIVISION FOR SINGLE-FAMILY DWELLING UNITS, LOCATED AT 387 DATE STREET, CHULA VISTA The motion carried 5-0. OTHER BUSINESS 11. CITY MANAGER'S REPORTS City Manager Rowlands requested that the Council Meeting on January 21, 2003, commence at 5:00 p.m. in order for the Council to attend a special event on that date. ACTION: Deputy Mayor Rindone moved to change the time of the Regular Council Meeting of January 21, 2003 from 6:00 p.m. to 5:00 p.m. Councilmember Davis seconded the motion and it carried 5-0. Page 6 - Council Minutes 01/14/03 12. MAYOR'S REPORTS · Ratification of appointment of Dr. Floyd L. Wergeland, Jr. to the Nature Center Board of Trustees as the Friends of the Chula Vista Nature Center representative. ACTION: Mayor Padilla moved to ratify the appointment of Dr. Wergeland, Jr. to the Nature Center Board of Trustees. Councilmember Davis seconded the motion, and it carried 5-0. 13. COUNCIL COMMENTS Councilmember Salas stated that she received a letter from a constituent indicating that Chula Vista residents using Cal American Water are billed for sewer services via their property tax bills rather than on their water bills, although Cal American Water does bill for sewer charges on water bills for the cities of Imperial Beach and Coronado. The Chula Vista communities served by Cal American Water consist primarily of low-income residents, and the property tax method of collecting for sewer service creates a hardship for the residents. Councilmember Salas asked staff to look into the possibility of having Cal American Water Service include sewer billings on their water bills for Chula Vista residents. CLOSED SESSION 14. PUBLIC EMPLOYEE PERFORMANCE EVALUATIONS PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 54954.5 (e) · Performance Evaluation for City Manager ACTION: The performance evaluation was conducted. 15. 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) This item was not discussed, and no action was taken. B. Grippi v. City of Chula Vista, et al. (San Diego Superior Court Case No. GIC 801393) No action was taken. C. Moore v. City of Chula Vista, et al. (South Bay Superior Court Case No: GIS 008943) This item was not discussed, and no action was taken. ADJOURNMENT At 8:30 p.m., Mayor Padilla adjourned the meeting to an Adjourned Regular Meeting on January 21, 2003, at 5:00 p.m. in the Council Chambers. The Regular Meeting at 6:00 p.m. was cancelled. Susan Bigelow, CMC, City Clerk Page 7 - Council Minutes 01/14/03