HomeMy WebLinkAboutcc min 2003/03/18 MINUTES OF A REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF CHULA VISTA
March 18, 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 Moore, and City Clerk
Bigelow
PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE
SPECIAL ORDERS OF THE DAY
· OATHS OF OFFICE:
Gary Lee Nordstrom - Growth Management Oversight Commission
Joseph Kheder, Elva Mellor, Melanie Stuart-Emery - International Friendship
Commission
City Clerk Bigelow administered the oaths, and Deputy Mayor Rindone presented the new
Commissioners with certificates of appointment.
· PRESENTATION BY GEORGE GILLOW, FORMER CITY COUNCILMEMBER,
REGARDING TECHNOLOGIES OF THE FUTURE
Mr. Gillow discussed problems and challenges of the future, such as combating terrorism,
bacteria and disease control, and a doubling of the population and its resulting drain on
resoumes. He also reported on the possible technology of the future to address the problems and
challenges, such as molecular engineering and nano-technology, alternative energy sources,
intelligent vehicles and highways, virtual and augmented reality, and technology issues facing
cities. He referred the Council to his website, www.techfuture.org, for further information.
CONSENT CALENDAR
(Items 1 through 7)
Mayor Padilla noted that Consent Calendar Item #7 would be moved to Action Items.
t. APPROVAL OF MINUTES of March 4, 2003.
Staff recommendation: Council approve the minutes.
CONSENT CALENDAR (Continued) _
2. RESOLUTION NO. 2003-098, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING SUBMITTAL TO SANDAG OF F1VE
APPLICATIONS FOR THE FISCAL YEAR 2003/2004 TWO PERCENT NON-
MOq'ORIZED TRANSPORTATION DEVELOPMENT ACT (TDA) AND
TRANSPORTATION SALES TAX (TRANSNET) BICYCLE AND PEDESTRIAN
PROJECT FUNDS
The City annually submits an updated list of projects for inclusion in the implementation
program of the non-motorized element of the Regional Transportation Improvement
Program. SANDAG regulations require that official applications be submitted in order
for projects to be considered by its Board of Directors for funding. In order for the
applications to be considered, Council must approve a resolution authorizing submittal of
the fiscal year 2003/2004 non-motorized transportation applications for available
Transportation Development Act and Transportation Sales Tax funds. Projects are
chosen and then approved for funding after the applications have been evaluated by
SANDAG's Bicycle and Pedestrian Advisory Committee. (Director of Engineering)
Staff recommendation: Council adopt the resolution.
3. RESOLUTION NO. 2003-099, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING A PERFORMANCE BOND GENERAL
iNDEMNITY AGREEMENT AND AUTHORIZING THE CITY MANAGER TO
EXECUTE SAID AGREEMENT
To facilitate the construction of the Salt Creek gravity sewer interceptor, the City was
granted a permit by the Army Corps of Engineers. This permit was granted with several
conditions, one of which stipulated that the City had to post a bond in the amount of the
cost for grading, planting, irrigation and five years of maintenance and monitoring of the
wetland mitigation. Adoption of the resolution authorizes the City Manager to execute
the agreement of indemnity needed to procure the performance bond. (Director of
Engineering)
Staffrecommendation: Council adopt the resolution.
4. RESOLUTION NO. 2003-100, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE BATTERY BACKUP SYSTEMS FOR
TRAFFIC CONTROL GRANT AGREEMENT NUMBER BBS-02K-013, BETWEEN
THE CITY OF CHULA VISTA AND THE CALIFORNIA ENERGY COMMISSION,
AND AUTHORIZING THE DEPUTY DIRECTOR OF ENGINEERING TO SIGN ALL
SUPPLEMENTS TO THE AGREEMENT
On July 16, 2002, the Council approved the submittal of applications for the Battery
Backup System Grant relating to the purchase of uninterruptible power systems for traffic
signals (project TF-293). In order to qualify for funding under the grant, the state
requires the City to enter into an agreement that delineates certain responsibilities relative
to the prosecution of the project. Adoption of the resolution approves the grant
agreement and authorizes the Deputy Director of Engineering to sign all grant-related
documents on behalf of the City. (Director of Engineering)
Staffrecommendation: Council adopt the resolution.
Page 2 - Council Action Agenda 03/18/03
CONSENT CALENDAR (Continued)
5. RESOLUTION NO. 2003-101, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING CONTRACT FOR
THE STREET LIGHT INSTALLATION ALONG FOURTH AVENUE, BETWEEN H
STREET AND L STREET, IN THE CITY OF CHULA VISTA (PROJECT TF-285)
The Director of Engineering received sealed bids from six electrical contractors for this
project. The project will establish a uniform street lighting pattern along the subject
location by removing nine pole-mounted streetlights, and installing twenty-five concrete
streetlights. (Director of Engineering)
Staffrecommendation: Council adopt the resolution.
6 A. RESOLUTION NO. 2003-102, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE FINAL MAP OF CHULA VISTA
TRACT NO. 01-09, EASTLAKE III VISTAS VR-1; ACCEPTING ON BEHALF OF
THE CITY THE VARIOUS EASEMENTS, ALL AS GRANTED ON SAD MAP
WITHIN SAID SUBDIVISION; APPROVING THE SUBDIVISION IMPROVEMENT
AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS REQUIRED BY
SAID SUBDIVISION, AND AUTHORIZING THE MAYOR TO EXECUTE SAD
AGREEMENT
B. RESOLUTION NO. 2003-103, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING A SUPPLEMENTAL SUBDIVISION
IMPROVEMENT AGREEMENT FOR CHULA VISTA TRACT NO. 01-09,
EASTLAKE III VISTAS VR-1, REQUIRING EASTLAKE COMPANY, LLC TO
COMPLY WITH CERTAIN UNFULFILLED CONDITIONS OF RESOLUTION NO.
2001-269, AND AUTHORIZING THE MAYOR TO EXECUTE SAD AGREEMENT
On August 14, 2001, the Council approved the tentative subdivision map for Chula Vista
Tract No. 01-09, EastLake III Woods and Vistas. Adoption of the resolutions approves
the final map for Vistas VR-1 and the associated subdivision improvement agreement and
supplemental subdivision improvement agreement. (Director of Engineering)
Staff recommendation: Council adopt the resolutions.
ACTION: Mayor Padilla moved to approve staff's recommendations and offered Consent
Calendar Items 1 through 6, headings read, texts waived. The motion carried 5-0.
ORAL COMMUNICATIONS
Don Lake reported on an incident that occurred on March 3ro and his alleged false detainment by
police. He also reported his belief that the Barstow Veterans Home may be closed down.
Rod McDougal, representing Jubilee International Ministries, Inc., asked the Mayor to speak and
Councilmembers to attend and be recognized at a Support the Troops Rally to be held at
Memorial Bowl at noon on April 5, 2003.
Page 3 - Council Action Agenda 03/18/03
ACTION ITEMS
7. RESOLUTION OF THE C1TY COUNCIL OF THE CITY OF CHULA VISTA
REQUESTiNG THE SAN DIEGO ASSOCIATION OF GOVERNMENTS TO
MODIFY THE 2030 REGIONAL TRANSPORTATION PLAN
For the past year, the San Diego Association of Governments (SANDAG) has been
working on the 2030 Regional Transportation Plan. The final draft was authorized to be
distributed at the February 28, 2003 meeting, with a final vote of approval scheduled for
the March 28, 2003 meeting. (Director of Planning and Building, Director of
Engineering)
Staffrecommendation: Council adopt the resolution.
Consultant John Lippitt stated that staff has worked with SANDAG over the past year to develop
the plan, which specifies the transportation projects and programs for the next 30 years. The
plan concentrates on adding high occupancy vehicle (HOV) lanes and managed vehicle lanes to
existing freeways. There are approximately $40 billion in the reasonably expected revenue plan,
of which $20 billion will be used for construction-type projects - $8.5 billion for transit facilities,
$7.55 billion for HOV and managed lanes, and the remaining $4.08 billion for highways. From
the highway portion, $400 million is for the private SR-125 toll road, with no federal or state
funds. The transit program will add a rail transit line in the Oceanside to Escondido corridor,
and the majority of transit improvements will be concentrated on special bus rapid transit (flex
trolleys). The South Bay will see major improvements: SR-54 will have added lanes, so it will
be a four-lane freeway with HOV lanes in the center. Interstate 5 and Interstate 805 will get
additional lanes in the plan for high occupancy vehicles and transit. There will be additional
transit service in the South Bay and rapid transit service between this area and regional
employers. Staff did indicate that the City has several concerns to discuss with SANDAG, and
in order for the City to support the plan, the following items should be included:
(1) Two grade separation projects with the trolley line at E Street and H Street
(2) Additional ramp lanes for the 1-805/SR-54 interchange for the east to south and
west to north directions
(3) 1-5 HOV lanes between SR-905 and SR-54 should be moved from 2020 to 2014
(4) Other revenue sources are needed to speed up or add some of the needed projects
to the reasonably expected revenue scenario program, such as tolls on roads in all
sections of the County and not just in the South Bay.
Eric Pahlke, representing SANDAG, responded that a grade separation study has been included
in next year's plan to look at all rail grade crossings in the region and establish a priority system
to rank and prioritize these types of projects. SANDAG advisory committees and its Board of
Directors will review the system, and a priority list will be developed of projects to be
constructed as funds become available. He believed that the two crossings in Chula Vista would
rank very well in terms of the criteria to be reviewed, such as number of crossings and vehicles
versus the number of trains, and the speed of traffic.
With regard to the SR-54/I-805 interchange, Mr. Pahlke stated that SANDAG has been working
with CalTrans to identify "hot spots" on the freeway system, and the plan provides funding to
Page 4 - Council Action Agenda 03/18/03
ACTION ITEMS (Continued)
address these types of problems. CalTrans receives funds from Sacramento to solve some of the
intersection or bottleneck problems, but these projects are subject to a priority system on a
statewide basis. By using SANDAG funds to contribute to the highest priority projects, it is
possible that CalTrans would have increased standing in Sacramento when requesting additional
money. CalTrans has not specifically identified the SR-54/I-805 project, but another work
element for SANDAG during the next year will be to look at all the hot spots or "pinch points"
on the freeway system to develop a priority listing for funding. SANDAG anticipates that HOV
lanes between the 1-905 and SR-54 will be finished by 2020, perhaps sooner.
Mr. Pahlke reported that the plan also suggests that SANDAG look at a variety of other revenue
sources. The extension of the TransNet sales tax will provide additional funds. Other funding
may come from such things as Proposition 42; and, at the federal level, perhaps by increasing the
gas tax or by indexing the gas tax against, for example, the cost of construction so it would
increase over time and hopefully keep up with inflation. SANDAG does not anticipate any new
freeway alignments in the plan; however, the concept used in the 1-15 HOV-managed lanes,
which generate revenue from users, is in the plan for the 1-805 corridor, for the corridor north of
1-805, and for SR-52, in addition to the extension of I-15 to SR-78. Those portions of roadway
are, in effect, mini toll roads, creating an alternative revenue source to provide additional transit
service in those corridors. He stated that the SANDAG Board will consider the plan on March
28th and asked the Council to adopt a resolution in support of the plan.
Councilmember Salas stated that Chula Vista should be given a higher funding priority because
of the City's smart growth planning and the fact that the nine-mile segment of SR-125 through
Chula Vista will be a toll facility paid for by private rather than regional funds, although it will
be an important element in the regional system.
Deputy Mayor Rindone emphasized the urgent need for grade separation at H Street and
Broadway due to total gridlock during afternoon commute hours.
Councilmember Davis pointed out that the E Street area is congested during the moming
commute and questioned the need for the "no right on red" onto the northbound I-5 ramp.
Councilmember McCann stated that the City has urgent issues that need to be addressed now, not
10 or 20 years in the future, like the SR-54 eastJI-805 south interchange that is an extreme safety
hazard. The City has contributed more than its share to smart growth planning and needs to be
given some funding priority for urgent projects.
Harvey Goodfriend, representing the San Diego County Taxpayers Association, congratulated
the Council for taking action on the proposed plan. He also mentioned the formation of the
Quality of Life Coalition, which has identified four main categories necessary to maintain the
quality of life in the region. He asked for consideration of the linkages between transportation
and the other major categories.
Mayor Padilla stated that, at a minimum, the current resolution should be expanded and left in
the form of one that officially and formally states to the full SANDAG Board the request that
they modify the plan consistent with the concerns of the Council, rather than issuing any kind of
resolution that indicates blanket support of the plan.
Page 5 - Council Action Agenda 03/18/03
ACTION ITEMS (Continued)
ACTION: Deputy Mayor Rindone moved to continue this item to March 25, 2003, and to
direct staff to incorporate Council comments and concerns expressed at this
meeting into the resolution. Councilmember McCann seconded the motion, and it
carried 5-0.
PUBLIC HEARINGS
8. CONSIDERATION OF APPROVAL OF AN INCREASE OF THE SEWERAGE
CAPACITY CHARGE AND THE MODIFICATION OF THE MASTER FEE
SCHEDULE
The City of San Diego, as part of the Metropolitan Wastewater District, provides sewage
treatment services to 14 participating agencies that do not own and operate a sewage
treatment facility. Chula Vista, along with the other participating agencies, sends all the
sewage generated to the City of San Diego's Point Loma wastewater treatment plant for
treatment. The City has not adjusted the sewerage capacity charge since 1990, even
though the Metropolitan Wastewater District's costs for the provision of sewage capacity
and treatment have been increasing annually. Adoption of the ordinances will facilitate
an increase of the fee, utilizing the Construction Cost Index, pending the completion of a
comprehensive study to determine the new fee amount. (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.
Mayor Padilla opened the public heating and asked if anyone from the audience wished to speak;
there was no response. He then closed the heating.
ACTION: Deputy Mayor Rindone offered Ordinance No. 2900 for first reading and
Ordinance No. 2900-A for adoption:
ORDINANCE NO. 2900, AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING AN INCREASE OF THE SEWERAGE
CAPACITY CHARGE AND THE MODIFICATION OF THE MASTER FEE
SCHEDULE
URGENCY ORDINANCE NO. 2900-A, AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN INCREASE
OF THE SEWERAGE CAPACITY CHARGE AND THE MODIFICATION OF
THE MASTER FEE SCHEDULE
The motion carried 4-1, with Councilmember McCann voting no.
9. CONSIDERATION OF APPROVAL OF A CONDITIONAL USE PERMIT TO
INSTALL, OPERATE AND MAINTAIN A WIRELESS TELECOMMUNICATIONS
FACILITY, CONSISTING OF A 55~FOOT-HIGH MONOPINE SUPPORTING 12
PANEL ANTENNAS AND AN ASSOCIATED EQUIPMENT AREA AT SMART
SELF STORAGE, 816 MILLER DRIVE (PERMIT NO. PCC-03-15, APPLICANT:
NEXTEL)
Page 6 - Council Action Agenda 03/18/03
PUBLIC HEAR1NGS (Continued)
Nextel has requested a conditional use permit to install, operate and maintain an
unmanned wireless telecommunications facility at 816 Miller Drive (Smart Self Storage).
The project consists of a 55-foot-high monopine, supporting 12 antennas, and a 180-
square-foot equipment area to be located inside of an existing storage building. The
City's Environmental Review Coordinator has concluded that this project is a Class 3
categorical exemption from environmental review (CEQA Section 15303, new
construction of small structures). (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.
Mayor Padilla opened the public heating and asked if anyone from the audience wished to speak;
them was no response. He then closed the heating.
ACTION: Cotmcilmember Davis offered Resolution No. 2003-104, heading read, text
waived:
RESOLUTION NO. 2003-104, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA APPROVING A REQUEST FOR A
CONDITIONAL USE PERMIT, PCC-03-15, TO NEXTEL TO CONSTRUCT
AN UNMANNED WiRELESS TELECOMMUNICATIONS FACILITY AT 816
MILLER DRIVE
The motion carried 5-0.
10. CONSIDERATION OF A APPROVAL OF THE F1NAL SECOND TIER
ENVIRONMENTAL IMPACT REPORT (EIR 02-04), SECTIONAL PLANNING
AREA PLAN AND PLANNED COMMUNITY DISTRICT REGULATIONS FOR THE
OTAY RANCH PLANNING AREA 12 FREEWAY COMMERCIAL (PCM 99-08)
McMillin Otay Ranch, LLC has submitted an application requesting approval of a
Sectional Planning Area (SPA) Plan and planned community district regulation for
planning area 12 Freeway Commercial in the Otay Ranch. In accordance with the
California Environmental Quality Act, a final second tier Environmental Impact Report
has been prepared to analyze the environmental impacts of the proposed SPA plan and
tentative map. The freeway commercial planning area is located in the northeastern
portion of the Otay Valley pamel, south of Olympic Parkway, west of EastLake Parkway,
north of the future Birch Road, and east of the future State Route 125. (Director of
Planning and Building)
A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
CERTIFYING THE FINAL SECOND TIER ENVIRONMENTAL IMPACT
REPORT (EIR 02-04) FOR THE OTAY RANCH PLANNiNG AREA 12
FREEWAY COMMERCIAL SECTIONAL PLANNING AREA PLAN AND
CONCEPTUAL TENTATIVE MAP; MAKING CERTAIN FINDINGS OF
FACT; ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS;
AND ADOPTING A MITIGATION MONITORING AND REPORTING
PROGRAM PURSUANT TO THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT
Page 7 - Council Action Agenda 03/18/03
PUBLIC HEARINGS (Continued)
B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE PLANNING AREA 12 FREEWAY COMMERCIAL
SECTIONAL PLANNING AREA PLAN, DESIGN PLAN, PUBLIC
FACILITIES FINANCE PLAN, AIR QUALITY IMPROVEMENT PLAN,
WATER CONSERVATION PLAN, AND NON-RENEWABLE ENERGY
CONSERVATION PLAN
C. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE PLANNING AREA 12 FREEWAY COMMERCIAL
SECTIONAL PLANNING AREA PLANrN~D COMMUNITY DISTRICT
REGULATIONS
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.
Mayor Padilla opened the public heating and asked if anyone from the audience wished to speak.
David Gatzke, representing McMillin, the applicant, stated that he would defer his comments to
April 1st.
ACTION: Mayor Padilla moved to continue the heating to April 1, 2003. Councilmember _
Davis seconded the motion, and it carried 5-0.
Councilmember Davis commented that the contents of the agenda report received by the Council
differed from the actions taken by the Planning Commission, and she asked that an explanation
of any differences be fully explained in future reports.
OTHER BUSINESS
11. CITY MANAGER'S REPORTS
City Manager Rowlands reported that Council workshops are scheduled on March 28th from 4:00
p.m. to 6:30 p.m., and March 29th from 8:30 a.m. to noon at the Nature Center.
12. MAYOR' S REPORTS
A. Ratification of appointment to the Housing Advisory Commission - Kecia
Washington
B. Ratification of appointment to the Growth Management Oversight Commission
Richard Arroyo
ACTION: Mayor Padilla moved to ratify the above appointments. Councilmember Davis
seconded the motion, and it carried 5-0.
Page 8 - Council Action Agenda 03/18/03
OTHER BUSiNESS (Continued)
13. COUNCIL COMMENTS
Councilmember Salas commended Kellogg students for their creative artwork and invited the
public to visit the display in the lobby to view the creative expression of children's art.
Councilmember McCann expressed gratitude to all those in uniform and said that everyone
should support and embrace the troops, regardless of whether or not they supported a war effort.
Councilmember Davis asked for a report regarding the Design Review Committee and the
number of times applicants must appear before the committee on their projects. Her request was
in response to several telephone calls from upset applicants.
Deputy Mayor Rindone commented on the need to fill the Planning Commission vacancy as
soon as possible.
CLOSED SESSION
Closed Session was cancelled, and the following items were not discussed:
14. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTiNG LITIGATION
PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a)
· City of Chula Vista vs. Douglas E. Bamhart Inc. (San Diego Superior Court Case
No. GIS 003859)
15. CONFERENCE WITH LEGAL COUNSEL REGARDING iNITIATION OF
LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(c)
· One case
ADJOURNMENT
At 7:45 p.m., Mayor Padilla adjourned the meeting to the Regular Meeting of March 25, 2003, at
6:00 p.m.
Susan Bigelow, CMC, City Clerk
Page 9 - Council Action Agenda 03/18/03