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