HomeMy WebLinkAboutcc min 2003/02/11 M1NUTES OF A REGULAR MEET1NG OF THE CITY COLrNCIL
OF THE CITY OF CHULA VISTA
February 11, 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 STEVEN
COLLINS, MANAGER OF GOVERNMENT AND COMMUNITY RELATIONS -
SAN DIEGO STATE UNIVERSITY, PROCLAIMING THE MONTH OF MARCH
2003 AS SAN DIEGO STATE UNIVERSITY MONTH
Mayor Padilla read the proclamation, and Deputy Mayor Rindone and Councilmembers Salas
and McCann presented it to Steven Collins.
· PRESENTATION OF A PROCLAMATION BY MAYOR PADILLA TO MARK
STRICKLAND, COACH OF THE CHULA VISTA AZTECS FOOTBALL TEAM -
PEE-WEE DIVISION, RECOGNIZING THE TEAM FOR BECOMING THE PACIFIC
REGION CHAMPIONS
Mayor Padilla read the proclamation, and Deputy Mayor Rindone presented it to football coach
Mark Strickland. Mr. Stfickland then introduced the members of the Aztecs peewee football
team.
CONSENT CALENDAR
(Items 1 through 5)
1. APPROVAL OF MINUTES of January 28 and February 4, 2003.
Staff recommendation: Council approve the minutes.
2. RESOLUTION NO. 2003-046, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ORDERING THE CHANGE AND MODIFICATION OF
THE ENGINEER'S REPORT FOR ASSESSMENT DISTRICT NO. 97-2 (OTAY
VILLAGE ONE) AND APPROVING THE USE OF SURPLUS FUNDS 1N SAID
DISTRICT TO FUND A PORTION OF PASEO RANCHERO (HERITAGE ROAD),
SOUTH OF EAST PALOMAR STREET
CONSENT CALENDAR (Continued)
Assessment District No. 97-2 included $2,154,592 in funding for Transportation
Development Impact Fee (TDIF) facilities. Due to cost savings, the actual cost of the
improvements was lower than the engineer's estimate. Adoption of the resolution allows
the district to acquire additional TDIF facilities in the same amount of the cost savings.
This action will not result in an increased assessment for any parcel within the district.
(Director of Engineering)
Staff recommendation: Council adopt the resolution.
3. RESOLUTION NO. 2003-047, RESOLUTION OF THE CITY COUNC1L OF THE
CITY OF CHULA VISTA APPROViNG THE EIGHTH AMENDMENT TO THE
SMITH, KEMPTON & WATTS CONTRACT, WA1VING THE CONSULTANT
SELECTION PROCESS AS IMPRACTICAL, AND APPROPRIATING $66,000 FROM
THE AVAILABLE FUND BALANCE IN THE TRANSPORTATION
DEVELOPMENT IMPACT FEE FUND, $26,000 FROM THE AVAILABLE FUND
BALANCE 1N THE SR-125 TRANSPORTATION DEVELOPMENT IMPACT FEE
FUND, AND $29,000 FROM THE AVAILABLE FUND BALANCE IN THE
TRANSPORTATION SALES TAX, TRANSNET FUND
The firm of Smith, Kempton & Watts was contracted to assist with project management
services on three interchange projects on Interstate 805. Due to design changes necessary
to meet Caltrans' requirements on the sound barriers and the draft environmental
document for the Olympic Parkway interchange project, it is necessary to amend the
contract for additional consultant services. Due to the ongoing efforts to ensure the
construction of State Route 125, this agreement must also be amended to include that
ongoing work. Approval of the amendment extends the contract services with Smith,
Kempton & Watts through the end of calendar year 2003. (Director of Engineering)
Staff recommendation: Council adopt the resolution.
4 A. RESOLUTION NO. 2003-048, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROPRIATING $50,000 FROM THE
UNAPPROPRIATED BALANCE OF THE TRUNK SEWER CAPITAL RESERVE
FUND TO THE G STREET TRUNK SEWER iMPROVEMENTS, FROM
BROADWAY TO WEST OF BAY BOULEVARD PROJECT ACCOUNT (CIP NO.
SW-228)
B. RESOLUTION NO. 2003-049, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING CONTRACT FOR
THE G STREET TRUNK SEWER IMPROVEMENTS, FROM BROADWAY TO
WEST OF BAY BOULEVARD (CIP NO. SW-228) TO TC CONSTRUCTION CO.,
iNC., IN THE AMOUNT OF $629,003
Sealed bids were received on January 8, 2003. Completion of this project will improve
roughly 2,000 linear feet of sewer pipe located on G Street, from Broadway to west of
Bay Boulevard. The work for this project primarily includes the installation of 27-inch
diameter PVC sewer pipe. Adoption of the resolution awards the contract for this
construction to TC Construction Co., Inc. (Director of Engineering)
Staff recommendation: Council adopt the resolution.
Page 2 - Council Minutes 02/11/03
CONSENT CALENDAR (Continued)
5. RESOLUTION NO. 2003-050, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA CREATING THE POSITION OF DIRECTOR OF
EMPLOYEE DEVELOPMENT AS AN UNCLASSIFIED, AT-WILL POSITION 1N
THE EXECUTIVE SERVICE, AND AMENDING THE FISCAL YEAR 2003 BUDGET
OF THE ADMINISTRATION DEPARTMENT BY ADDING THE DIRECTOR OF
EMPLOYEE DEVELOPMENT POSITION AND DELETING AN ODT SPECIALIST
II POSITION, AND THE HUMAN RESOURCES DEPARTMENT BY DELETING
THE HUMAN RESOURCES OPERATIONS MANAGER POSITION AND
RECLASSIFYING TWO SENIOR CLASSIFICATION ANALYST POSITIONS TO
PRINCIPAL PERSONNEL ANALYSTS
In a large and complex organization such as the City of Chula Vista, it is especially
important that employee and organizational development take a high priority. With the
challenging fiscal times ahead, it is recommended that some resources be shifted fi.om the
traditional human resources function to the employee development function. To
accomplish this, it is recommended that the Office of Development and Training be
renamed the Office of Employee Development, and that the current Director of Human
Resources be transferred to the position of Director of Employee Development.
(Assistant City Manager Powell, Deputy City Manager Palmer)
Staff recommendation: Council adopt the resolution.
ACTION: Mayor Padilla moved to approve staff's recommendations and offered the
Consent Calendar, Item #1 through #5, headings read, texts waived. The motion
carried 5-0.
ORAL COMMUNICATIONS
Don Lake informed the Council that he has submitted documentation to the state bar regarding
the City's involvement in his attempted complaints against the City's Police Department. He
stated that he has submitted a complaint to the City's Board of Ethics regarding police
misconduct. He requested that the Board's secretary contact him with the Ethics Board meeting
dates and times; and he also requested that Deputy City Attorney Smyth not be the Board's
advisor on matters pertaining to him.
PUBLIC HEARINGS
6. CONSIDERATION OF ESTABLISHING UTILITY UNDERGROUNDING DISTRICT
NO. 138 ALONG EAST J STREET FROM HILLTOP DRIVE TO WEST OF LORI
LANE
Council previously adopted a resolution setting a public hearing to determine whether the
public health, safety or general welfare requires the formation of a utility undergrounding
district along East J Street from Hilltop Drive to west of Loft Lane. The purpose of
forming the district is to require the utility companies to underground all overhead lines
and to remove all existing wooden utility poles within the proposed district. The
proposed utility undergrounding district is about 7,000 feet long and the cost is estimated
to be approximately $1,600,000. San Diego Gas & Electric's allocation funds will be
used to cover the cost of the project, including reimbursements to affected property
owners for their respective trenching costs. (Director of Public Works)
Page 3 - Council Minutes 02/11/03
PUBLIC HEARiNGS (Continued)
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.
Mayor Padilla opened the public heating.
Jasmine Mclntyre expressed concern that property owners have to pay fees for trenching and
under-grounding of utilities. She felt that the under-grounding is a public safety issue and should
therefore be paid through city funds. Deputy Director of Engineering Rivera responded that the
district is set up so that the property owners who have electrical service are reimbursed the costs.
With no further members of the public wishing to speak, Mayor Padilla closed the public
hearing.
ACTION: Deputy Mayor Rindone moved to approve staff recommendation and offered
Resolution No. 2003-051, heading read, text waived.
RESOLUTION NO. 2003-051, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA ESTABLISHING UTILITY
UNDERGROUNDING DISTRICT NO. 138 ALONG EAST J STREET FROM
HILLTOP DRIVE TO WEST OF LORI LANE AND AUTHORLZiNG THE
EXPENDITURE OF UTILITY ALLOCATION FUNDS TO SUBSiDIZE
PRiVATE SERVICE LATERAL CONVERSION
The motion carded 5-0.
7. CONSiDERATION OF ADOPTION OF AN ORDINANCE FOR OTAY RANCH
VILLAGE 11, PEDESTRIAN BRIDGE DEVELOPMENT IMPACT FEE AND THE
AREA OF BENEFIT
The Otay Ranch Village 11 tentative map conditions of development require the
establishment of a Development Impact Fee or other funding mechanism to construct two
pedestrian bridges to serve Village 11. Adoption of the ordinance approves funding for
fifty percent of the cost of two bridges for Village 11, one crossing Hunte Parkway, and
one crossing Eastlake Parkway. The remaining cost of these bridges will be funded by
the adjacent projects as a condition of development. The total cost estimate for the
Eastlake Parkway and Hunte Parkway bridges are $1,254,000 and $2,131,000
respectively. The fee, payable at issuance of a building permit, will be $827 per single-
family detached dwelling unit and $614 per multiple-family dwelling. (Director of
Engineering)
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. With no members of the public wishing to speak, he
then closed the public hearing.
ACTION: Deputy Mayor Rindone moved to approve staff recommendation and offered
Resolution No. 2003-052, and to place Ordinance No. 2898 on first reading,
headings read, texts waived.
Page 4 - Council Minutes 02/11/03
PUBLIC HEARiNGS (Continued)
A. RESOLUTION NO. 2003-052, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA ACCEPTING A REPORT PREPARED BY
DEVELOPMENT PLANNING AND FINANCING GROUP
RECOMMENDING A PEDESTRIAN BRIDGE DEVELOPMENT IMPACT
FEE TO FUND PEDESTRIAN BRIDGE IMPROVEMENTS WITHIN OTAY
RANCH VILLAGE 11
B. ORDINANCE NO. 2898, ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ESTABLISHiNG A PEDESTRIAN BRIDGE
DEVELOPMENT IMPACT FEE PROGRAM FOR OTAY RANCH VILLAGE
11 AND THE AREA OF BENEFIT
The motion carried 5-0.
8. CONSIDERATION OF APPROVAL OF THE PROPOSED ASSESSMENT OF
CERTAiN DELiNQUENT SOLID WASTE SERVICE CHARGES AS RECORDED
LIENS UPON THE RESPECTIVE PARCELS OF LAND AND PLACEMENT OF
DELiNQUENT CHARGES ON THE NEXT REGULAR TAX BILL FOR
COLLECTION
Chula Vista Municipal Code Section 8.24 allows delinquent solid waste service charges
to be assessed as recorded liens upon the affected properties and ultimately placed on the
property tax bills for collection. (Assistant City Manager Powell)
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 City Manager Powell informed Council that of the 653 original delinquent accounts, 177
accounts have been cleared. He requested that Council authorize liens on the remaining 476
delinquent accounts valued at $65,000.
Mayor Padilla opened the public hearing. There being no members of the public wishing to
speak, he then closed the public heating.
ACTION: Councilmember McCann moved to approve staff recommendation and offered
Resolution No. 2003-053, heading read, text waived.
RESOLUTION NO. 2003-053, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA ASSESSING DELINQUENT SOLID WASTE
SERVICE CHARGES AS RECORDED LIENS UPON THE RESPECTIVE
PARCELS OF LAND AND APPROViNG PLACEMENT OF DELINQUENT
CHARGES ON THE NEXT REGULAR TAX BILL
The motion carried 5-0.
ACTION ITEMS
9. CONSIDERATION OF ACCEPTANCE OF A REPORT REGARDING CHULA
VISTA TRANSIT (CVT) FUNDiNG AND OPERATIONS
Page 5 - Council Minutes 02/11/03
ACTION ITEMS (Continued)
At the June 10, 2002 Council budget workshop, staff mentioned that it would return to
Council with a report on CVT's funding and operations. This report is submitted to
Council for its review and acceptance.
Transit Coordinator Trujillo presented a summary report on Chula Vista Transport's funding and
operations.
Councilmember McCann asked when the entire bus fleet will operate solely on natural gas.
Transit Coordinator Trujillo responded with an estimated time frame of 5 years.
Councilmember Salas questioned whether regional studies have been conducted as to whether or
not Chula Vista's smart growth planning has factored in to the above-average ridership; and
whether there is some way that those cities who do utilize good planning principals, would be
rewarded by receiving a larger share of federal funding for transit systems. Transit Coordinator
Trujillo replied that attempts are being made to remove unproductive revenue service from
unproductive segments, to transit-oriented developments.
Councilmember Salas asked whether or not the Metropolitan Transit Development Board
(MTDB) factors the progressive program of cities when considering funding allocations. Deputy
Mayor Rindone responded that MTDB has a policy to evaluate the status of the service and the
utility of those services in competition with others. He explained that south county would be one
of the two areas that will be in greatest competition for new funding for the expansion routes,
along with the north county, because of their growth potential. He stated a subcommittee would
be established to study competitive analysis for the expansion of routes.
Councilmember Davis asked whether the problem with the lifts on the busses to service disabled
commuters has been resolved. Transit Coordinator Tmjillo responded that the acquisition of the
low floor busses has resolved the problem, and has greatly increased wheelchair ridership.
Councilmember Davis asked why the number 706A bus that travels to the Marina only goes once
an hour. Transit Coordinator Trujillo responded that resources have been placed where demand
has been the greatest.
Deputy Mayor Rindone requested that staff provide a yearly update report to Council on Transit
operations.
Deputy Mayor Rindone commented on the need to look to request a voter extension for the
TRANSNET ½ cent sales tax which expires in 2008, which he stated will be a difficult
challenge. He added that since the county as a whole utilize extensive public transport, that it is
essential to maintain current service levels.
ACTION: Coancilmember Davis moved to accept the report. Deputy Mayor Rindone
seconded the motion and it carried 5-0, with a request by Deputy Mayor Rindone
that staff furnish an annual report to Council on transit operations.
10. CONSIDERATION OF ADOPTION OF A RESOLUTION ESTABLISHiNG A
VOLUNTARY PAYROLL DEDUCTION PROGRAM TO PROTECT CITY
SERVICES AND REVENUES
Page 6 - Council Minutes 02/11/03
ACTION ITEMS (Continued)
The political action arm of the League of California Cities, known as "Action for Better
Cities," has asked all League members to adopt a resolution establishing a voltmtary
payroll deduction program. The program would provide City employees an opportunity
to participate in the League's efforts to protect local government revenue from additional
raids by the State. To date, 69 cities have adopted the resolution. The donations will be
used only for League-approved, statewide ballot measure advocacy to protect City
services and revenues. (City Manager, Intergovemmental Affairs Coordinator)
Councilmember Salas questioned the conveyance of assurance to City employees, that the
proposed program is strictly voluntary. City Manager Rowlands replied that the program would
be strictly voluntary, designed to allow public employees throughout California, the opporttmity
to protect funding soumes for local services.
Lois Balfour, Deputy Director of Local 2028 of SE1U spoke against the proposed resolution,
stating that the League in the past, has taken action against the working people. She expressed
her concerns that the activities of the Political Action Committee (PAC), with a voluntary
funding mechanism, may not always be in the best interests of the SEIU membership. She stated
that the proposed program has the potential for employee coercion which believed could be a
real problem. Ms. Balfour requested that Council halt action until such time as the City and
Unions have had the opportunity to meet and confer.
ACTION: Councilmember Davis moved to approve staff recommendation and offered
Resolution No. 2003-054, heading read, texts waived.
RESOLUTION NO. 2003-054, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA ESTABLISHING A VOLUNTARY PAYROLL
DEDUCTION PROGRAM TO PROTECT CITY SERVICES AND REVENUES
The motion carried 5-0.
OTHER BUSINESS
11. CITY MANAGER'S REPORTS
City Manager Rowlands announced the following Council goal-setting workshops to be
conducted at the Chula Vista Nature Center:
February 28, 2003, 4:00 p.m. to 6:00 p.m.
March 1, 2003, 8:00 a.m. to 12:30 p.m.
12. MAYOR'S REPORTS
· Ratification of appointment to the Growth Management Oversight Commission -
David W. Krogh
ACTION: Mayor Padilla moved to ratify the appointment of David W. Krogh to the Growth
Management Oversight Commission. Councilmember Salas seconded the motion
and it carried 5-0.
Page 7 ~ Council Minutes 02/11/03
13. COUNCIL COMMENTS
Councilmember Davis asked staffto check the timing of the new traffic signal on Apache Drive,
which ties up traffic turning onto Otay Lakes Road from Telegraph Canyon Road.
Councilmember Davis invited the community to attend the SANDAG regional workshop, to be
held at Southwestern College on February 26, 2003, at 6:00 p.m., in the Student Union Building
East.
Deputy Mayor Rindone commented on the positive traffic relief on the East H Street bridge as a
result of its expansion to three lanes and stated that there will soon be signal timing changes on
the northbound exit from Interstate 1-805 onto East H Street.
CLOSED SESSION
14. CONFERENCE WITH REAL PROPERTY NEGOTIATOR PURSUANT TO
GOVERNMENT CODE SECTION 54956.8
Property: San Diego Gas & Electric - Gas and Electricity Franchise
(Pertaining to Public Rights of Way throughout the City of Chula
Vista)
Agency negotiators: David Rowlands, Jr., Sid Moms, Michael Meacham, Glen
Googins
Negotiating Parties: City of Chula Vista, San Diego Gas & Electric
Under Negotiation: Price and Terms of Payment
No action was taken.
15. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE
TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b)
· Two Cases (One Case - Claim No. 2002-00-012)
ACTION: Direction was given to staff- one case.
16. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION
PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a)
A. City of Chula Vista vs. CIMA, N.V., TICOR Title Insurance Co. (San Diego
Superior Court Case No. GIC 790377-1)
ACTION: Direction was given to Counsel.
B. Moore, Laura vs. City of Chula Vista (San Diego Superior Court Case No. GIS
008943)
No action was taken.
Page 8 - Council Minutes 02/11/03
CLOSED SESSION (Continued)
C. Mercado, Irma vs. City of Chula Vista (San Diego Superior Court Case No. GIS
10646)
ACTION: Direction was given to Counsel.
ADJOURNMENT
At 8:30 p.m., Mayor Padilla adjourned the meeting to the Regular Meeting of February 18, 2003,
at 6:00 p.m. in the Council Chambers.
Susan Bigelow, CMC, City Clerk
Page 9 - Council Minutes 02/11/03