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HomeMy WebLinkAboutcc min 2003/01/28 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA January 28, 2003 6:00 P.M. A Regular Meeting of the City Council of the City of Chula Vista was called to order at 6:07 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, Senior Assistant City Attorney Moore, and City Clerk Bigelow PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY · PRESENTATION OF A PROCLAMATION BY COUNCILMEMBER RINDONE RECOGNIZING CHINESE EXCHANGE TEACHERS VISITING CHULA VISTA Mayor Padilla read the proclamation, and Deputy Mayor Rindone presented a proclamation to each of the members of the delegation. · PRESENTATION OF A CERTIFICATE BY MAYOR PADILLA TO JESUS ALFREDO RODRIGUEZ, FOURTH GRADE STUDENT FROM OTAY ELEMENTARY SCHOOL, RECOGNIZING HIM FOR WINNING THE NATIONAL FOOTBALL LEAGUE PUNT, PASS AND KICK COMPETITION Recreation Director Martin introduced Jesus Rodriguez and presented him with a letter signed by National Football League athletes. Mayor Padilla then presented Jesus with a certificate of recognition. CONSENT CALENDAR (Items 1 through 9). Item No. 7 was moved to Action Items at the request of staff. With reference to Item No. 9, Olga West, the principal at Harborside, expressed her support of the proposed project, which she believed would add to the beautification of the west side of the community. 1. 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 (SECOND READiNG AND ADOPTION) CONSENT CALENDAR (Continued) 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) Staff recommendation: Council place the ordinance on second reading for adoption. 2. 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 TELECOMMU3~ICATIONS FACILITIES (SECOND READING AND ADOPTION) 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) Staff recommendation: Council place the ordinance on second reading for adoption. 3. RESOLUTION NO. 2003-034, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BiDS, AUTHORIZING STAFF TO INCREASE VALUE OF CONTRACT TO EXPEND ALL AVAILABLE FUNDS, AND AWARDING CONTRACT FOR THE PAVEMENT REHABILITATION PROGRAM (OVERLAY) FOR FISCAL YEAR 2001/2002 AND FISCAL YEAR 2002/2003 IN THE CITY OF CHULA VISTA (PROJECT NO. STL-277/283) On December 18, 2002, sealed bids were received for this project. The work to be done includes removal and repaying of selected street areas, cold milling, asphalt concrete pavement overlay, installation of pedestrian ramps, replacement of traffic signal loop detectors, traffic control, striping and marking, and other related items of work. (Director of Engineering) Staff recommendation: Council adopt the resolution. 4 A. RESOLUTION NO. 2003-035, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACT1NG 1N ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 08-I (OTAY RANCH VILLAGE SIX), DECLARING THE RESULTS OF A SPECIAL ELECTION IN SUCH COMMUNITY FACILITIES D1STRICT B. ORDINANCE NO. 2896, ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACTiNG AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 08-I (OTAY RANCH VILLAGE SIX) AUTHORIZING THE LEVY OF A SPECIAL TAX IN SUCH COMMUNITY FACILITIES DISTRICT (FIRST READING) Page 2 - Council Minutes 01/28/03 CONSENT CALENDAR (Continued) On January 14, 2003, the Council held a public heating and approved resolutions to form and establish Community Facilities District 08-1 (CFD-08-I), and to declare the necessity to incur bonded indebtedness in CFD-08-I. On January 16, 2003, a special election of eligible property owners was held for the purpose of voting on the formation of CFD- 08-1. Adoption of the resolution and ordinance continues the formal proceedings to establish this district and authorize the levy of special taxes within the district. (Director of Engineering) Staff recommendation: Council adopt the resolution and place the ordinance on first reading. 5 A. RESOLUTION NO. 2003-036, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACT1NG IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2001-2 (MCMILLIN OTAY RANCH VILLAGE SIX) DECLARING THE RESULTS OF A SPECIAL ELECTION IN SUCH COMMUNITY FACILITIES DISTRICT AND ORDERING A MODIFICATION IN THE FACILITIES AUTHORIZED TO BE FINANCED BY SUCH COMMUNITY FACILITIES DISTRICT B. RESOLUTION NO. 2003-037, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FORM OF THE FIRST AMENDMENT TO THE ACQUISITION/FINANCING AGREEMENT FOR COMMUNITY FACILITiES DISTRICT NO. 2001-2 (MCMILL1N OTAY RANCH VILLAGE SIX) In a letter dated November 7, 2002, McMillin Otay Ranch, LLC formally requested the City to consider modifications to the types of public facilities authorized to be financed by Community Facilities District No. 2001-2 (CFD 2001-2). On November 26, 2002, Council approved the resolution of intention to modify the types of public facilities to be financed by CFD 2001-2. On January 14, 2003 the Council held a public hearing and authorized the submittal of the proposed modifications. On January 21, 2003, a special election of eligible property owners was held for the purpose of voting on the modifications to the facilities list. Adoption of the resolutions continues the formal proceedings to modify the list of facilities to be financed by CFD 2001-2; and approves the form of an amendment to the acquisition/financing agreement for CFD 2001-2. (Director of Engineering) Staff recommendation: Council adopt the resolutions. 6. RESOLUTION NO. 2003-038, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $139,828 FROM THE OFFICE OF TRAFFIC SAFETY, ADDING ONE OFFICER POSITION TO THE POLICE DEPARTMENT AND AMENDING THE FISCAL YEAR 2002/2003 BUDGET The California Office of Traffic Safety provides grant funding to state and local agencies to address traffic safety problems. Earlier this year, the City was awarded a grant, and staff has recommended the addition of one officer to the traffic unit to develop and implement a program focusing on educational and enforcement efforts. (Chief of Police) Staff recommendation: Council adopt the resolution. Page 3 - Council Minutes 01/28/03 CONSENT CALENDAR (Continued) 7. This item was moved to Action Items. 8. RESOLUTION NO. 2003-040, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE AMENDMENT TO THE AGREEMENT WITH ERICKSON-HALL CONSTRUCTION CO. TO INCORPORATE THE GUARANTEED MAXIMUM PRICE (GMP) OF $1,392,459 FOR THE SERVICES REQUIRED TO DESIGN AND CONSTRUCT A 4,000 SQUARE-FOOT SINGLE- BAY OUTFIT AND STORAGE BUILDING AT FIRE STATION NO. 2 During the Fiscal Year 2002/2003 capital improvement program budget process, staff informed the Council that they were developing plans for the design and construction of a 4,000 square-foot, single-bay outfit and storage building at Fire Station No. 2. The project is nearing the end of the design phase and will start the construction phase in February. This resolution sets the guaranteed maximum price per the design-build agreement with Erickson-Hall Construction for this project. (Director of Building and Parks Construction) Staff recommendation: Council adopt the resolution. 9. RESOLUTION NO. 2003-041, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE PURCHASE AGREEMENT WITH JACOBS VERNON PROJECT, LLC FOR THE REAL PROPERTY LOCATED ON OXFORD STREET, BETWEEN BROADWAY AND INDUSTRIAL BOULEVARD (SAN DIEGO APN NO. 618-200-59), AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT, AND APPROPRIATING FUNDS The Council previously authorized staff to pursue the acquisition of the vacant Oxford Street parcel, adjacent to the Family Resource Center. The property was on the market and was being pursued by Wakeland Housing Development Corporation for an affordable housing project. The resolution authorizes the Mayor to execute the purchase agreement. (Director of Engineering, Director of Building and Parks Construction) Staff recommendation: Council adopt the resolution. ACTION: Deputy Mayor Rindone moved to approve staff's recommendations and amend Item #9, at the request of staff, to increase the total funding by $5,500; and he offered Consent Calendar Items #1 through #6, #8 and #9, headings read, texts waived. The motion carried 5-0. ORAL COMMUNICATIONS Aaron Perry expressed concern regarding widespread graffiti and suggested that the City expand its graffiti eradication program by providing more publicity on the issue and by organizing a graffiti clean-up day. He stated that much of the tagging goes either unreported or uneradicated~ Page 4 - Council Minutes 01/28/03 PUBLIC HEARINGS 10. CONSIDERATION OF APPROVAL OF AMENDMENTS TO SECTIONS 19.04, 19.20, 19.22, 19.24, AND 19.48; AND THE ADDITION OF SECTION 19.58.022 TO THE ZONING ORDINANCE OF THE CHULA VISTA MUNICiPAL CODE TO DEFINE AND PROVIDE LOCAL PROVISIONS FOR ACCESSORY SECOND DWELLiNG UNITS WITHiN THE CITY OF CHULA VISTA (PCM 00-20, APPLICANT: CITY OF CHULA VISTA) Adoption of the ordinance amends and adds appropriate portions to the Zoning Ordinance to establish local standards for accessory second dwelling units in residential zones, as mandated by State Government Code Section 65852.2. Without local standards, property owners will be able to construct these types of units with only a building permit if they conform to the Government Code standards. Effective July 1, 2003, local agencies may not require any type of discretionary application. (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. Mayor Padilla opened the public hearing. With no members of the public wishing to speak, he then closed the public hearing. Councilmembers discussed parking requirements, floor area ratio and the unit size cap. ACTION: Deputy Mayor Rindone moved to direct staff to look at the possibility of increasing the cap to 850 or 900 square feet on accessory buildings, of tying the square footage into the lot size, and to report back to the Council on the ramifications of doing so. Councilmember Salas seconded the motion, and it carried 5-0. ACTION: Councilmember McCann then offered Ordinance No. 2897 for first reading, heading read, text waived: ORDINANCE NO. 2897, ORDiNANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA MODIFYiNG SECTIONS 19.04, 19.20, 19.22, 19.24, AND 19.48; AND ADDING SECTION 19.58.022 TO TITLE 19 OF THE CHULA VISTA MUNICIPAL CODE The motion and it carried 5-0. 11. CONSIDERATION OF APPROVAL OF A CONDITIONAL USE PERMIT TO CONSTRUCT AN UNMANNED WIRELESS TELECOMMUNICATIONS FACILITY AT THE ARCO OLYMPIC TRAINING FACILITY, 2800 OLYMPIC PARKWAY, IN THE PLANNED COMMUNITY/QUASI-PUBLIC ZONE (PCC 03-05, APPLICANT: CINGULAR WIRELESS) Cingular Wireless has requested permission to construct and operate an unmanned cellular communications facility at 2800 Olympic Parkway, the ARCO Olympic Training Center. The project would consist of a 35-foot monopalm and a 481 square-foot equipment shelter. The project will integrate into existing facilities at the site. (Director of Planning and Building) Page 5 - Council Minutes 01/28/03 PUBLIC HEARiNGS (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 Van Boxtel presented the proposed conditional use permit. Mayor Padilla opened the public hearing. Darrell Dougherty, representing Cingular Wireless, stated that he was available to answer any questions from the Council. With no further members of the public wishing to speak, Mayor Padilla closed the public heating. ACTION: Councilmember Davis offered Resolution No. 2003-042, heading read, text waived: RESOLUTION NO. 2003-042, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA GRANTiNG CONDITIONAL USE PERMIT NO. PCC 03-05 TO CiNGULAR WIRELESS FOR CONSTRUCTION AND OPERATION OF A WIRELESS TELECOMMUNICATIONS FACILITY AT 2800 OLYMPIC PARKWAY The motion carried 5-0. ACTION ITEMS 7. RESOLUTION NO. 2003-039, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A REVISED RIGHT-OF-WAY IMPROVEMENT PLAN FOR THE RIGHT-OF-WAY IMPROVEMENTS ON FOURTH AVENUE AND F STREET iN CONJUNCTION WITH THE NEW POLICE FACILITY WITHIN THE PARAMETERS OF THE PREVIOUSLY APPROVED GUARANTEED MAXIMUM PRICE FOR THOSE IMPROVEMENTS AS PER THE EXISTiNG DESIGN BUILD WITH HIGHLAND PARTNERSHIP, 1NC. Council previously approved right-of-way improvement plans and budget for Fourth Avenue and F Street in conjunction with the construction of the new police facility. As a result of meetings held with members of the public, the right-of-way improvement plans were revised to minimize the impacts on existing trees in Friendship Park. (Director of Building and Parks 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 6:32 p.m., he left the Chambers. Ian Gill, representing Highland Partnership, presented the revised right-of-way improvement plan. Page 6 - Council Minutes 01/28/03 ACTION ITEMS (Continued) Sharon Floyd, representing the Chula Vista Citizens Focus, expressed concern about the future of Friendship Park, asking assurance from the Council that the park would forever remain a park. She also questioned why the sidewalk along the east side of Fourth Avenue could not meander around the trees to avoid losing any trees. Building and Parks Construction Director Campbell responded that since the Police Department's emergency commtmications system will remain at the old police station, conduits will need to be installed from the old station to the new facility along the east side of Fourth Avenue. The conduits cannot be covered with concrete, since they may need to be accessed for maintenance. Councilmember Salas asked whether the species of palm trees proposed for the site would be vulnerable to the disease that is currently affecting palms in California. Mark Stutzman, representing RNL Design, responded that date palms are proposed for the site and are not of the same species as the affected canary palms. Steve Molski commented on the excellent outcome of the public process, and he thanked the Council for listening to the citizens. ACTION: Councilmember Salas offered Resolution No. 2003-039, heading read, text waived. The motion carried 4-0-1, with Deputy Rindone abstaining due to the proximity of his residence to the project. Deputy Mayor Rindone returned to the dais at 6:56 p.m. OTHER BUSINESS 12. CITY MANAGER'S REPORTS There were none. 13. MAYOR'S REPORTS Mayor Padilla commented on the positive exposure and activities in the region that took place this past weekend, and he congratulated Mayor Murphy and the City of San Diego on hosting a very successful Super Bowl. 14. COUNCIL COMMENTS Deputy Mayor Rindone expressed his appreciation to the Council for hosting the Chinese delegation and celebrating the educational partnership with the Peoples Republic of China. CLOSED SESSION Closed session was cancelled, and the following items were not discussed: 15. CONFERENCE WITH LEGAL COUNSEL REGARDiNG EXISTiNG LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(A) A. City of Chula Vista v. Barnhart 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 Page 7 - Council Minutes 01/28/03 CLOSED SESSION (Continued) 16. 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 Morris), American Golf Corporation (Brian Jackson). Under Negotiation: Price and terms of disposition and/or lease. ADJOURNMENT At 7:15 p.m., Mayor Padilla adjourned the meeting to the Regular Meeting of February 4, 2003, at 4:00 p.m. in the Council Chambers. Susan Bigelow, CMC, City Clerk Page 8 - Council Minutes 01/28/03