HomeMy WebLinkAboutcc min 2003/02/18 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF CHULA VISTA
February 18, 2003 6:00 P.M.
A Regular Meeting of the City Council of the City of Chula Vista was called to order at 6:06
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
· OATH OF OFFICE: DAVID W. KROGH - GROWTH MANAGEMENT OVERSIGHT
COMMISSION
City Clerk Bigelow administered the oath to David W. Krogh, and Deputy Mayor Rindone
presented him with a certificate of appointment.
· PRESENTATION BY MAYOR PADILLA OF A PROCLAMATION TO EILEEN
ZAMORA, MOUNTED RESERVE OFFICER, AND BURDELLA THOMAS,
RESERVE SERGEANT, PROCLAIMING MARCH 1, 2003 AS LAW
ENFORCEMENT POLICE RESERVE AND MOUNTED OFFICER DAY IN THE
CITY OF CHULA VISTA
Assistant Police Chief Zoll introduced Mounted Reserve Officer Zamora and Reserve Sergeant
Burdella. Mayor Padilla then read the proclamation, and Deputy Mayor Rindone presented it to
the officers.
· FAREWELL BY MAYOR PADILLA TO ASSISTANT CITY MANAGER POWELL
AND CITY ATTORNEY KAHENY UPON THEIR RETIREMENT FROM THE CITY
Mayor Padilla announced that this would be the last official Council meeting for Assistant City
Manager Powell and City Attorney Kaheny. He congratulated them both on their retirement and
conveyed his gratitude for their superior service to the City over the past years.
City Manager Rowlands stated that Assistant City Manager Powell and City Attorney Kaheny
would be greatly missed as friends and advisors and that both had served the City in a very
professional manner.
Assistant City Manager Powell said it was good fortune to work with talented City staff and the
City Council.
City Attorney Kaheny stated that his tenure with the City had been a wonderful professional
experience, and he expressed his pride in serving the City Council.
CONSENT CALENDAR
(Items 1 through 12)
Item #12 was removed from the Consent Calendar and continued to the meeting of March 4,
2003, at the request of staff. Item #10 was pulled for discussion by Deputy Mayor Rindone.
1. APPROVAL OF MINUTES of February 11, 2003.
Staff recommendation: Council approve the minutes.
2. 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 (SECOND READING AND ADOPTION)
The Otay Ranch Village 11 tentative map conditions of development require the
establishment of a Development Impact Fee (DIF) or other funding mechanism to
construct two pedestrian bridges to serve Village 11. The developer (Brookfield Shea
Otay, LLC) has requested the formation of a Development Impact Fee. 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
$831 per single-family detached dwelling unit and $616 per multiple-family dwelling.
(Director of Engineering)
Staffrecommendation: Council place the ordinance on second reading for adoption.
3. RESOLUTION NO. 2003-055, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA RATIFYING THE ACTION OF THE CITY MANAGER,
APPROVING CHANGE ORDER NO. 4 FOR PHASE III OF THE SALT CREEK
GRAVITY SEWER INTERCEPTOR PROJECT (SW219), AND AUTHORIZING THE
DIRECTOR OF ENGINEERING TO EXECUTE SAID CHANGE ORDER ON
BEHALF OF THE CITY
The City Council previously awarded a contract in the amount of $8,432,382.60 (plus
contingencies of $845,000.40) to Cass Construction, Inc., for the construction of Phase
III of the Salt Creek Trunk Sewer line, from Interstate 805 to east of the Hanson Quarry.
Change Order No. 4 is for additional labor, equipment, and materials necessary for the
upsizing of an approximately 9,400 foot-long segment of the Salt Creek Gravity Sewer
Interceptor, improving the long-term operational efficiency of this segment of the sewer.
(Director of Engineering)
Staff recommendation: Council adopt the resolution.
4 A. RESOLUTION NO. 2003-056, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ADOPTING A BOUNDARY MAP SHOWING THE
BOUNDARIES OF THE TERRITORY PROPOSED FOR INCLUSION IN PROPOSED
COMMUNITY FACILITIES DISTRICT NO. 09-M (VILLAGE 11, BROOKFIELD
SHEA OTAY)
Page 2 - Council Minutes 02/18/03
CONSENT CALENDAR (Continued)
B. RESOLUTION NO. 2003-057, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA DECLARING ITS INTENTION TO ESTABLISH
COMMUNITY FACILITIES DISTRICT NO. 09-M (VILLAGE 11, BROOKFIELD
SHEA OTAY) AND TO AUTHORIZE THE LEVY OF A SPECIAL TAX THEREIN
TO FINANCE CERTAIN SERVICES
C. RESOLUTION NO. 2003-058, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ORDERING AND DIRECTING THE PREPARATION OF
A COMMUNITY FACILITIES DISTRICT REPORT FOR PROPOSED COMMUNITY
FACILITIES DISTRICT NO. 09-M (VILLAGE 11, BROOKFIELD SHEA OTAY
Brookfield Shea Otay has requested that the City conduct proceedings to consider the
approval of the formation of Community Facilities District No. 09-M (CFD No. 09-M).
This district will fund the perpetual operation and maintenance of slopes, medians and
parkways and storm water treatment facilities associated with Village 11. The City has
retained the services of MuniFinancial as special tax consultant and Best Best and
Krieger, LLP as legal counsel to provide assistance during the proceedings. Adoption of
the resolutions initiates the formal proceedings to establish CFD No. 09-M. (Director of
Engineering)
Staff recommendation: Council adopt the resolutions.
5 A. RESOLUTION NO. 2003-059, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ADOPTING A BOUNDARY MAP SHOWING THE
BOUNDARIES OF THE TERRITORY PROPOSED TO BE ANNEXED INTO
COMMUNITY FACILITIES DISTRICT NO. 97-2
B. RESOLUTION NO. 2003-060, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA DECLARING ITS INTENTION TO ANNEX TERRITORY
INTO COMMUNITY FACILITIES DISTRICT NO. 97-2 AND TO AUTHORIZE THE
LEVY OF A SPECIAL TAX THEREIN TO FINANCE CERTAIN SERVICES
Brookfield Shea Otay has requested that the City conduct proceedings to consider the
annexation of territory into Community Facilities District No. 97-2 (Preserve
Maintenance District) (CFD 97-2), and that such territory be designated as Improvement
Area C of CFD 97-2. The conditions of approval of the tentative map for Village 11
(Brookfield Shea Otay) require that said annexation be completed prior to issuance of the
first production home building permit. CFD 97-2 was formed in 1998 and funds the
maintenance of areas that have been conveyed to the preserve in accordance with the
Otay Ranch Resource Management Plan. Adoption of the resolutions initiates the formal
proceedings to annex Village 11 into CFD 9%2 and designates the territory as
Improvement Area C. (Director of Engineering)
Staff recommendation: Council adopt the resolutions.
6. RESOLUTION NO. 2003-061, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2002/2003
ENGINEERING DEPARTMENT BUDGET, DELETING ONE CiVIL ENGINEER
POSITION, AND ADDiNG ONE SENIOR MANAGEMENT ANALYST POSITION
Page 3 - Council Minutes 02/18/03
CONSENT CALENDAR (Continued)
The nature of the work being performed by a Civil Engineer within the Administrative &
Fiscal Services Division of Engineering has evolved such that the Civil Engineer now
performs work ofa predominately fiscal and analytical nature. These tasks and duties are
more appropriately performed by a Senior Management Analyst. (Director of
Engineering)
Staff recommendation: Council adopt the resolution.
7. RESOLUTION NO. 2003-062, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA MAINTAINING THE EXISTING CITY iNVESTMENT
POLICY AND GUIDELINES
The City has an existing Investment Policy and Guidelines to ensure the prudent
management of idle cash. State law requires that the Investment Policy and Guidelines
be adopted by resolution on an annual basis after being reviewed to ensure consistency
with the overall objectives of preservation of principal, liquidity, and yield, and its
relevance to current law and financial and economic trends. (Assistant City Manager
Powell)
Staff recommendation: Council adopt the resolution.
8. RESOLUTION NO. 2003-063, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AMENDING THE 401(A) DEFERRED COMPENSATION
PLAN AND AUTHORIZING THE DIRECTOR OF FINANCE TO EXECUTE THE
AMENDED PLAN ADOPTION AGREEMENT WITH THE PLAN
ADMINISTRATOR
The Council approved a deferred compensation plan pursuant to Intemal Revenue Code
Section 401(a) for certain employees effective January 2002. Staff recommends that the
plan be amended to implement changes in the compensation package for the City
Manager recently approved by the Council. (Assistant City Manager Powell)
Staff recommendation: Council adopt the resolution.
9. RESOLUTION NO. 2003-064, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AUTHORIZING THE FINANCE DIRECTOR TO
DETERMINE THE FEASIBILITY OF REFUNDING THE 1993 TOWN CENTRE II
PARKING STRUCTURE REFUNDING CERTIFICATES OF PARTICIPATION, 1993
CERTIFICATE OF PARTICIPATION TOWN CENTRE II PARKING STRUCTURE
PHASE II, AND THE 1998 CAPITAL LEASE WITH CAL-LEASE PUBLIC
FUNDING CORPORATION ON A NEGOTIATED BASIS; WAIVING THE
CONSULTANT SELECTION PROCESS, APPOINTING U.S. BANCORP PIPER
JAFFRAY INC. AS THE UNDERWRITER; AND AUTHORIZING THE MAYOR TO
EXECUTE THE CONTRACT
U.S. Bancorp Piper Jaffray Inc. has proposed a refunding of two outstanding certificate of
participation issues and a capital lease obligation. Based on preliminary projections, the
refunding would provide a savings of $1.4 million due to historically low interest rates.
(Assistant City Manager Powell)
Staff recommendation: Council adopt the resolution.
Page 4 - Council Minutes 02/18/03
CONSENT CALENDAR (Continued)
11. RESOLUTION NO. 2003-065, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING AN AFFORDABLE HOUSING
AGREEMENT RELATED TO OTAY RANCH VILLAGE 11 BETWEEN THE CITY
AND BROOKFIELD SHEA OTAY, LLC AND AUTHORIZING THE MAYOR TO
EXECUTE THE AGREEMENT
As a condition of approval for the Otay Ranch Village 11 Sectional Planning Area Plan
and the tentative map, the developer, Brookfield Shea Otay, LLC, must enter into an
affordable housing agreement with the City prior to recordation of its first final map for
purposes of further implementing its affordable housing obligation for Otay Ranch
Village 11. To comply with this condition, an agreement for the project has been
prepared for Council's consideration and approval. (Director of Community
Development)
Staff recommendation: Council adopt the resolution.
12 A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE JOINT USE AGREEMENT WITHIN THE SAN DIEGO COUNTY
WATER AUTHORITY EASEMENTS AND AUTHORIZING THE MAYOR TO
EXECUTE SA1D AGREEMENT
B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE OTAY RANCH VILLAGE 11 WATER QUALITY BASINS,
DESILTATION, AND NATIONAL POLLUTANT DISCHARGE ELIMINATION
SYSTEM (NPDES) COMPLIANCE AGREEMENT BETWEEN THE CITY AND
BROOKFIELD SHEA OTAY COMPANY LLC, A CALIFORNIA LIMITED
LIABILITY COMPANY, AND AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT
C. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE FINAL MAP OF CHULA VISTA TRACT NO. 01-11, OTAY
RANCH VILLAGE 11 "A" MAP NO. 1; ACCEPTING ON BEHALF OF THE CITY
OF CHULA VISTA THE VARIOUS PUBLIC STREETS AND EASEMENTS, ALL AS
GRANTED ON SAID MAP WITHIN SAID SUBDIVISION; ACKNOWLEDGING ON
BEHALF OF THE CITY OF CHULA VISTA THE IRREVOCABLE OFFER OF
DEDICATION FOR LOT "J" FOR PUBLIC PARK PURPOSES; ACKNOWLEDGING
ON BEHALF OF THE CITY OF CHULA VISTA ALL IRREVOCABLE OFFERS OF
DEDICATION FOR OPEN SPACE LOTS GRANTED ON SAID MAP WITHIN SAID
SUBDIVISION; APPROVING THE SUBDIVISION iMPROVEMENT AGREEMENT
FOR THE COMPLETION OF IMPROVEMENTS REQUIRED BY SAID
SUBDIVISION, AND AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT
D. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING A SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT
FOR CHULA VISTA TRACT NO. 01-11, OTAY RANCH VILLAGE 11 "A" MAP
NO.1, REQUIRING BROOKFIELD SHEA OTAY COMPANY LLC TO COMPLY
WITH CERTAIN UNFULFILLED CONDITIONS OF RESOLUTION NO. 2001-364,
AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
Page 5 - Council Minutes 02/18/03
CONSENT CALENDAR (Continued)
E. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE GRANT OF EASEMENTS AND MAINTENANCE AGREEMENT
FOR OTAY RANCH VILLAGE 11 "A" MAP NO. 1, ESTABLISHING SPECIFIC
OBLIGATIONS AND RESPONSIBILITIES FOR MAINTENANCE OF PRIVATE
LANDSCAPING WITHIN PUBLIC RIGHT-OF-WAY AND AUTHORIZING THE
MAYOR TO EXECUTE SAID AGREEMENT
F. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE SLOPE AND DRAINAGE MAINTENANCE AGREEMENT FOR
EASTLAKE PARKWAY BETWEEN STATIONS 11+76.43 AND 22+37.30 WITH
BROOKFIELD SHEA OTAY LLC, A CALiFORNIA LIMITED LIABILITY
COMPANY (DEVELOPER), ESTABLISHING SPECIFIC OBLIGATIONS AND
RESPONSIBILITIES FOR MAINTENANCE OF SLOPES AND DRAINAGE WITHIN
PUBLIC RIGHT-OF-WAY AND CITY EASEMENTS, AND AUTHORIZING THE
MAYOR TO EXECUTE SAID AGREEMENT
Adoption of the resolutions approves the first final map, the subdivision improvement
agreement, and supplemental subdivision improvement agreement for Otay Ranch
Village 11, commonly known as "Windingwalk." Adoption of the resolutions also
approves the Otay Ranch, Village 11 water quality basins, desiltation, National Pollutant
Discharge Elimination System Compliance (NPDES) agreement, grant of easements and
maintenance agreement for homeowner association maintenance within public right-of-
way, and slope and drainage maintenance agreement for maintenance of a temporary
slope on the west side of Eastlake Parkway between stations 11+76.43 and 22+37.30.
(Director of Engineering)
Staff recommendation: Council adopt the resolutions.
10 A. ORDINANCE NO. 2899, ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING CHAPTER 2.56 OF THE CHULA VISTA MUNICIPAL
CODE TO MODIFY PURCHASING PROCEDURES
B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING REVISED CONSULTANT SELECTION PROCEDURES CONTAINED
1N COUNCIL POLICY 102-5
Adoption of the ordinance and resolution modifies purchasing procedures by increasing
buying limits and authority to further facilitate the purchasing process. The proposed
changes also allow for Intemet-based advertising, receipt of bids, and cooperative
purchasing with other public agencies within the United States. (Assistant City Manager
Powell)
Staff recommendation: Council place the ordinance on first reading and adopt the
resolution.
Deputy Mayor Rindone expressed concern regarding raising the buying limits from $50,000 to
$100,000 for the Purchasing Agent without the City Manager's review. He stated that the
Council has a fiduciary responsibility to its constituents and that he would not be willing to give
up the oversight. Therefore, he could therefore not support the item.
Page 6 - Council Minutes 02/18/03
CONSENT CALENDAR (Continued)
Councilmember Davis stated that the proposed recommendations would only transfer some
authority from the City Manager to the Purchasing Agent, and that no responsibilities were being
removed from Councilmembers. City Manager Rowlands commented that many cities have in
excess of $100,000 limits, and he believed that the proposed system would make for good public
policy by expediting purchases and increasing internal efficiencies.
Assistant City Manager Powell explained that as part of the proposed procedures, professional
services contracts exceeding $50,000 but less than $100,000 that currently come before the
Council would be approved by the Purchasing Agent.
City Manager Rowlands stated that staff would bring back to the Council a statewide breakdown
of purchasing limit policies used by districts and other cities.
Councilmember Davis encouraged the Council to approve staWs recommendation.
ACTION: Deputy Mayor Rindone moved to place Ordinance No. 2899 on first reading in a
modified form that: (a) retains City Manager approval of contracts for equipment,
materials and services from $50,000 to $100,000; and (b) retains City Council
approval of professional services contracts in excess of $50,000. Councilmember
McCann seconded the motion, and it carried 3-2 with Councilmcmbers Davis and
Salas opposing.
Item #10 B, the proposed resolution, was continued to the meeting of March 4, 2003, and no
action was taken on this item. Additionally, Council asked staff and the Charter Review
Commission to analyze whether or not to increase the $25,000 limit on staff authority to approve
public works contracts.
ORAL COMMUNICATIONS
Carlos Lopez, representing Hermanos Lopez Inc., read a letter to the Council requesting
reconsideration of the denial of his beer and wine off-sale license by the Chula Vista Police
Department to allow him to operate a full-service supermarket for the community. Mayor
Padilla responded that staffwould contact Mr. Lopez regarding the situation.
Lupita Jimenez requested that citizen input be taken into account regarding the bayfront
development. She spoke in opposition to dense development and believed that the City's
administration had proceeded for the benefit of the developers rather than the best interests of the
community, which has resulted in rapid development, impacted schools, and bumper-to-bumper
boulevards. Ms. Jimenez stated that the bayfront area needs to be developed in such a way as to
protect the environment and allow for public access and economic recompense that will leave a
legacy for the future.
Virgil Pina requested that the Council establish a Church Appreciation Day in the City, stating
that churches do a lot to benefit children and the entire community. He also spoke regarding
human rights and a method to address complaints against the Chula Vista Police Department.
City Manager Rowlands responded that an independent, seven-member Police Review Board
was appointed over a year ago. Mr. Pina added that the State of California gave the City $25,000
for data on traffic stops of ethnic minorities, and he asked when the data would be available to
the public. City Manager Rowlands responded that the data would be available sometime this
year.
Page 7 - Council Minutes 02/18/03
ORAL COMMUNICATIONS (Continued)
James Marcelino, Child and Youth Policy Advocate, informed the Council of recent endeavors
to work with the youth of Chula Vista. He added that a local youth group is actively seeking to
re-instate the City's Youth Advisory Commission.
PUBLIC HEARING
13. CONSIDERATION OF ESTABLISHING UTILITY UNDERGROUNDING DISTRICT
NO. 137 ALONG J STREET, FROM BROADWAY TO HILLTOP DRIVE
On January 21, 2003, the Council adopted Resolution No. 2003-020 and ordered a public
heating to be held on this date to determine whether the public health, safety or general
welfare requires the formation of a utility underground district along J Street from
Broadway to Hilltop Drive. The purpose of the district is to require the utility companies
to underground all overhead lines and remove all existing wooden utility poles within the
district. The proposed district is approximately 4,000 feet long and is estimated to cost
approximately $1,000,000. SDG&E'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 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 hearing.
Joe Franco stated that he had received no response to his questions from the City or San Diego
Gas and Electric related to the proposed undergrounding. Deputy Director of Engineering
Rivera responded that he would meet immediately with Mr. Franco to address his concerns.
There being no further members of the public wishing to speak, Mayor Padilla then closed the
public hearing.
ACTION: Councilmember McCann offered Resolution No. 2003-066, heading read, text
waived:
RESOLUTION NO. 2003-066, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA ESTABLISHING UTILITY
UNDERGROUNDING DISTRICT NO. 137 ALONG J STREET, FROM
BROADWAY TO HILLTOP DRIVE, AND AUTHORIZING THE
EXPENDITURE OF UTILITY ALLOCATION FUNDS TO SUBSIDIZE
PRIVATE SERVICE LATERAL CONVERSION
The motion carried 5-0
ACTION ITEMS
14. CONSIDERATION OF ADOPTION OF RESOLUTIONS APPROVING
AGREEMENTS NECESSARY TO DESIGN AND CONSTRUCT RENOVATIONS TO
THE CITY'S CIVIC CENTER COMPLEX, PURSUANT TO THE PREVIOUSLY
APPROVED MASTER PLAN, AND DECLARING THE CITY'S INTENTION TO
NOTICE TAX-EXEMPT OBLIGATIONS FOR THIS PROJECT
Page 8 - Council Minutes 02/18/03
ACTION ITEMS (Continued)
The City Council previously approved the master plan for the renovations to the Civic
Center, including City Hall, the Public Services Building, the current Police Department,
and the demolition of the Legislative Building and Community Development building.
This project will be undertaken in phases and will take four to five years to complete.
(Director of Building and Park Construction)
Deputy Mayor Rindone aimounced that he would abstain fi.om discussion and voting on this item
due to the proximity of his residence to the project site. He then left the chambers.
Assistant Director of Building and Park Construction Griffin presented an overview of the Civic
Center complex renovation costs and financing.
Mayor Padilla questioned whether or not Council would have the ability to delay the total time
flame of the project by dividing it into phases, or to take the financing obligations in portions
rather than at one time. Deputy City Attomey Wagner-Hull responded that there are a number of
opportunities within the agreement for the Council to terminate the project for performance,
scheduling or financing issues. In addition, each design phase requires a written notice from the
City to proceed, and the City retains its discretion to terminate the agreement at any point.
Mayor Padilla asked if there would be a point of no return in terms of issuing debt, whereby the
City would not have the ability to go back, or take a piece of that burden over the long term.
Assistant City Manager Powell responded that legal statutes surrounding long-term borrowing in
the tax-free market require borrowing only the funds that are anticipated to be expended within
three years. He stated that since the Civic Center master plan is estimated at four to five years, it
will be broken down into two different bond issues and financing plans will be refined.
Mayor Padilla questioned why the Council was being asked to adopt a reimbursement resolution
at this time. Assistant City Manager Powell replied that it meets the legal statute for allowing the
City to reimburse any costs on the project incurred from this point fonvard in the financing.
Councilmember Davis spoke regarding the timing on when the City goes to bond on the project,
expressing concern that the City may lose the market for its tax-exempt bonds.
Patricia Aguilar commented on the proposed right-of-way improvements along F Street, between
Third Avenue and the Civic Center, stating that F Street is important in that it connects three
vital areas of the City, the downtown, Civic Center, and the Bayfront. She urged the Council not
to rush the landscaping along F Street, and she requested that this particular element be removed
from the bid process at this time for a more comprehensive study of the area. Ms. Aguilar stated
that the City's Design Review Committee was not asked to review and participate in the master
plan improvements.
Lupita Jimenez spoke regarding the sustainability of buildings, questioning whether or not
provisions had been made to recycle materials during demolition, if energy efficiencies had been
taken into consideration for new buildings; and if the City would be using reclaimed water for
landscaping. City Manager Rowlands responded by stating "yes" to all the questions, with the
exception of the reclaimed water, stating that this service is not currently available.
Page 9 - Council Minutes 02/18/03
ACTION ITEM (Continued)
Ian Gill, representing Highland Partnership, responded to the questions raised by Ms. Jimenez,
citing the many energy-efficient tools in the recently completed Public Works Yard and current
Police Department project. He also commented on the exploration of using other green concepts
within the Civic Center renovations, due to the retention of the existing buildings.
Mayor Padilla stated that the comments raised by Ms. Aguilar were very legitimate in providing
a macro perspective on the potential of tying together the downtown, Civic Center, and Bayfront
corridors. Assistant Director of Building and Park Construction Griffin responded that the fight-
of-way components are a part of the Police facility project, not the Civic Center project.
City Manager Rowlands stated that staff would bring back conceptual drawings of the F Street
corridor in April 2003, although nothing would be implemented in that area for many years.
ACTION: Councilmember Davis offered Resolution Nos. 2003-067, 2003-068, and 2003-
069, headings read, texts waived:
RESOLUTION NO. 2003-067, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA ACCEPTING THE CITY MANAGER'S
CERTIFICATION OF SOLE SOURCE STATUS, APPROVING A DESIGN
BUILD AGREEMENT WITH HIGHLAND PARTNERSHIP, 1NC. FOR THE
PROVISION OF SERVICES REQUIRED TO DESIGN AND CONSTRUCT
RENOVATIONS TO THE CITY'S CIVIC CENTER COMPLEX, PURSUANT
TO THE MASTER PLAN, AUTHORIZING THE MAYOR TO EXECUTE
SAID AGREEMENT, AND APPROPRIATING $3,820,450 FROM THE
AVAILABLE BALANCE OF THE PUBLIC FACILITIES DEVELOPMENT
IMPACT FEE FUND TO FINANCE THE PRE-CONSTRUCTION PHASE OF
THE
RESOLUTION NO. 2003-068, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA APPROVING A CONSULTANT SERVICES
AGREEMENT WITH ALLEGIS DEVELOPMENT SERVICES, INC. FOR
PROJECT MANAGEMENT/CITY'S REPRESENTATIVE SERVICE WITH
RESPECT TO THE RENOVATIONS TO THE CITY'S CIVIC CENTER
COMPLEX, AND AUTHORIZING THE MAYOR TO EXECUTE SAD
AGREEMENT
RESOLUTION NO. 2003-069, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA DECLARING THE CITY'S INTENTION TO
ISSUE TAX-EXEMPT OBLIGATIONS TO FINANCE THE RENOVATIONS
TO THE CITY'S CIVIC CENTER COMPLEX, AND DIRECTING STAFF TO
RETURN WITH A FINANCING PLAN
The motion carried 4-0-1, with Deputy Mayor Rindone abstaining due to the
proximity of his residence to the Civic Center.
OTHER BUSINESS
Page 10 - Council Minutes 02/18/03
15. CITY MANAGER'S REPORTS
Director of Engineering Swanson provided an incident report on the broken water pipe on Paseo
Ladera and Telegraph Canyon Road on February 14, 2003.
City Manager Rowlands informed the Council of a request from the Environmental Protection
Agency to have a Councilmember present in Washington, D.C., from April 22 through April 24,
2003, to receive a special recognition climate protection award for the Chula Vista CO2
reduction program. He suggested that Deputy Mayor Rindone be authorized to attend the event
to present a paper on the program and accept the award on behalf of the City. Deputy Mayor
Rindone responded that he would be honored to represent the City Council.
16. MAYOR'S REPORTS
A. Ratification of appointment to the Child Care Commission - Nancy Kerwin (ex-
officio member)
ACTION: Mayor Padilla moved to ratify the appointment of Nancy Kerwin to the Child
Care Commission. Councilmember Salas seconded the motion and it carried 5-0.
B. Discussion regarding the Violence Against Children Act
Intergovernmental Affairs Coordinator Kelly reported that the City received a request from
Senator Boxer's office for support of the proposed bill.
ACTION: Councilmember McCann moved to support the act. Councilmember Davis
seconded the motion, and it carded 5-0.
17. COUNCIL COMMENTS
Councilmember Salas announced that several social service agencies are conducting a "Protect
Your Children" resource fair on March 1, 2003, in the 1600 block of Broadway, and she invited
the public to attend.
Councilmember McCann thanked the Mayor for filling vacancies on the various City
Boards/Commissions/Committees, and he expressed the need to advertise and develop outreach
programs to obtain applicants from all areas of the City.
ADJOURNMENT
At 8:05 p.m., Mayor Padilla adjourned the meeting to an Adjourned Regular Meeting of the City
Council and Redevelopment Agency with the Board of Port Commissioners on February 25,
2003 at 9:00 a.m., at the San Diego Unified Port District, Administration Building, 3165 Pacific
Highway, thence to an Adjourned Regular Meeting on February 28, 2003 at 4:00 p.m., at the
Chula Vista Nature Center, 1000 Gunpowder Point Drive, thence to an Adjourned Regular
Meeting on March 1, 2003 at 8:30 a.m. at the Chula Vista Nature Center, and thence to the
Regular Meeting of March 4, 2003, at 4:00 p.m. in the Council Chambers.
Susan Bigelow, CMC, City Clerk
Page 11 - Council Minutes 02/18/03