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HomeMy WebLinkAboutcc min 2003/06/03 M1NUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA June 3, 2003 4:00 P.M. A Regular Meeting of the City Council of the City of Chula Vista was called to order at 4:08 p.m. in the Council Chambers, located in the Public Services Building, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Councilmembers: McCann, Rindone, Salas, and Mayor Padilla ABSENT: Councilmembers: Davis (excused) 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: Donald Snider, Board of Appeals and Advisors Mr. Snider was not present at the meeting. · INTRODUCTION BY CLIFF SWANSON, DIRECTOR OF ENGINEERflXlG, OF THE EMPLOYEE OF THE MONTH, ANTHONY CHUKWUDOLUE, CIVIL ENGINEER, WASTEWATER ENGINEERING UNIT Cliff Swanson introduced employee of the month Anthony Chukwudolue. Mayor Padilla read the proclamation, and Deputy Mayor Rindone presented it to Mr. Chukwudolue. CONSENT CALENDAR (Items 1 through 10) Item No. 8 was removed from the Consent Calendar by staff for the purpose of making a presentation to the Council. 1. APPROVAL OF MINUTES of May 13, May 20, and May 21, 2003. Staff recommendation: Council approve the minutes. lB. WRITTEN CORRESPONDENCE · Memorandum fi.om Councilmember Patty Davis, requesting an excused absence from the meeting of June 3, 2003. Staffrecornrnendation: Council excuse the absence. CONSENT CALENDAR (Continued) - 2. ORDINANCE NO. 2914, ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE CHULA VISTA MUNICIPAL CODE SECTION 13.14.110(A), RELATING TO THE SEWER SERVICE CHARGES (SECOND READING AND ADOPTION) The sewer service charges are fees that every property owner or occupant of property connected to the sewer system in Chula Vista is required to pay for the operation and maintenance of the sewer system and other related costs. Adoption of the ordinance clarifies the mechanism for establishing the charge. (Director of Engineering) Staff recommendation: Council place the ordinance on second reading for adoption. 3. ORDINANCE NO. 2915, ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING ORDINANCE NO. 2881 AND AUTHORIZING THE LEVY OF A SPECIAL TAX IN IMPROVEMENT AREA B OF COMMUNITY FACILITIES DISTRICT NO. 06-I (EASTLAKE - WOODS, VISTAS AND LAND SWAP) PURSUANT TO AN AMENDED RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX (SECOND READING AND ADOPTION) On May 21, 2003, a special election of eligible property owners was held at the City Clerk's office for the purpose of voting on the proposed modifications to the rate and method of apportionment and the annexation of territory for Improvement Area B of Community Facilities District No. 06-I. Adoption of the ordinance continues the formal proceedings. (Director of Engineering) Staff recommendation: Council place the ordinance on second reading for adoption. 4. ORDINANCE NO. 2916, ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE CHULA VISTA MUNICIPAL CODE BY ADDING CHAPTER 8.21 RELATING TO THE REGULATION OF WHOLESALE FOOD WAREHOUSES (SECOND READING AND ADOPTION) Wholesale food warehouses are not adequately regulated by the State of California, and recent inspections of some of these food warehouses by the County of San Diego have revealed rodent infestations, mishandling of recalled food, and other conditions that could lead to food-borne illness. Pursuant to state and local law, the County of San Diego is the primary regulator of persons handling and storing food within the City. To address the concern mentioned above, the County wishes to institute a wholesale food warehouse permit and inspection program with consistent rules and regulations throughout the region. To do so, the County needs the City's authorization to conduct such a program within City boundaries and requests that the City adopt (by reference) the County's Wholesale Food Warehouse Ordinance. (Director of Planning and Building) Staff recommendation: Council place the ordinance on second reading for adoption. Page 2 - Council Minutes 06/03/03 CONSENT CALENDAR (Continued) 5. ORDiNANCE NO. 2917, ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROViNG AN AMENDMENT TO THE OTAY RANCH VILLAGE ELEVEN SECTIONAL PLANNiNG AREA PLAN TO ADD LANGUAGE TO THE PLANNED COMMUNITY DISTRICT REGULATIONS (SECOND READING AND ADOPTION) Brookfield Shea Otay, LLC applied to amend the Otay Ranch Village Eleven Sectional Planning Area Plan to add language to the Planned Community District Regulations. Adoption of the ordinance approves the request. (Director of Planning and Building) Staff recommendation: Council place the ordinance on second reading for adoption. 6. RESOLUTION NO. 2003-237, 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. 06-I (EASTLAKE-WOODS, VISTAS AND LAND swAP) EastLake Company, LLC has requested that the City consider amending the acquisition/financing agreement for Community Facilities District (CFD) No. 06-1 (EastLake - Woods, Vistas and Land Swap) in order to modify and clarify the list of eligible improvements for CFD 06-1 financing. Adoption of the resolution approves the form of the first amendment to the acquisition/financing agreement for CFD 06-1. (Director of Engineering) Staff recommendation: Council adopt the resolution. 7 A. RESOLUTION NO. 2003-238, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROViNG AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE CITY OF SAN DIEGO FOR THE JOiNT USE OF A CITY OF SAN DIEGO EASEMENT REQUIRED TO FACILITATE THE CONSTRUCTION, MAINTENANCE, AND OPERATION OF THE SALT CREEK GRAVITY SEWER iNTERCEPTOR, AND AUTHORIZiNG THE MAYOR TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY B. RESOLUTION NO. 2003-239, RESOLUTION OF THE CITY COUNCiL OF THE CITY OF CHULA VISTA APPROViNG AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND SAN DIEGO GAS AND ELECTRIC (SDG&E) COMPANY FOR THE JOiNT USE OF AN SDG&E EASEMENT REQUIRED TO FACILITATE THE CONSTRUCTION, MAINTENANCE, AND OPERATION OF THE SALT CREEK GRAVITY SEWER iNTERCEPTOR, AND AUTHORIZiNG THE MAYOR TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY The alignment of the Salt Creek gravity sewer interceptor impacts existing utility easements currently held by the City of San Diego and San Diego Gas & Electric Company. In order to facilitate the construction, operation, and maintenance of the Salt Creek sewer, the City is required to enter into joint use agreements with these two agencies. Council action is required to approve these agreements and to authorize the Mayor to execute the agreements on behalf of the City. (Director o f Engineering) Staff recommendation: Council adopt the resolutions. Page 3 - Council Minutes 06/03/03 CONSENT CALENDAR (Continued) 9. RESOLUTION NO. 2003-241, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AGREEMENTS FOR FISCAL YEAR 2003/2004 BETWEEN THE CITY OF CHULA VISTA AND VARIOUS COMMUNITY GROUPS, AND AUTHORIZiNG THE MAYOR TO EXECUTE SAID AGREEMENTS On May 6, 2003, the Council approved CDBG funds in the amount of $357,450 for twelve public service programs; $234,960 for three community project programs; $157,234 for five economic development programs; $129,000 for two non-profit capital improvement projects; $1,094,315 for seven City capital improvement projects; and $424,340 for administration and planning/coordination activities. The U.S. Department of Housing and Urban Development requires a written agreement between the City and each sub-recipient receiving CDBG and HOME funds. (Director of Community Development) Staff recommendation: Council adopt the resolution. 10. RESOLUTION NO. 2003-242, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZiNG TRANSFER OF $471,090 FROM THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) COMMUNITY HOUSING IMPROVEMENT PROGRAM (CHIP) FUND TO THE CDBG PROGRAM iNCOME FUND When the CHIP program was created in the mid-1970's, the primary source of funding came from the CDBG program. As loans were repaid, the funds were deposited into the CDBG CHIP fund. These program income funds need to be transferred from the CDBG CHIP fund to the CDBG program income fund. (Director of Community Development) Staff recommendation: Council adopt the resolution. ACTION: Mayor Padilla moved to approve staff's recommendations and offered Consent Calendar Items 1 through 7, 9 and 10, headings read, texts waived. The motion carded 4-0. ITEMS PULLED FROM THE CONSENT CALENDAR 8. RESOLUTION NO, 2003-240, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DECLARiNG THE CITY'S iNTENTION TO AMEND THE MASTER FEE SCHEDULE BY UPDATiNG THE EXISTING SEWER RATE STRUCTURE, ADOPTING THE "WASTEWATER USER AND RATE RESTRUCTURING STUDY," AND SETTING A PUBLIC HEARING FOR JULY 22, 2003, AT 6:00 P.M. TO CONSIDER THESE ISSUES Page 4 - Cotmcil Minutes 06/03/03 ITEMS PULLED FROM THE CONSENT CALENDAR (Continued) On June 8, 1999, City Council approved a three-year sewer service charge rate plan for Fiscal Years 2000 through 2002, and six percent rate increases were implemented in each of those years. Subsequently, expenditures for both the maintenance and operation of the City's wastewater collection system, and for wastewater conveyance and treatment have continued to escalate from $15.7 million in Fiscal Year 2000 to an estimated $23.6 million in Fiscal Year 2003. At the current sewer rate level, necessary expenditures will exceed Fiscal Year 2004 revenues by $5.5 million, and the deficit will continue to grow in subsequent years if no action is taken as the City continues to build, maintain, and operate the local and regional facilities necessary to support a growing population. (Director of Engineering) Staff recommendation: Council adopt the resolution. Engineering Director Swanson presented the sewer service charge proposed rate restructuring. He explained that the intent of the update is to 1) distribute costs equitably; 2) ensure sufficient revenue; and 3) meet new state mandates. He then briefly explained the consultant study and public information process. ACTION: Councilmember McCann moved to approve staff's recommendation and offered Resolution No. 2003-240, heading read, text waived. The motion carried 4-0. ORAL COMMUNICATIONS Gail Edwards, representing YMCA Kinship Support Services, spoke of the effects of the recent County budget cuts on the organization, stating that the support services program is losing 73 pement of its budget, resulting in the inability to maintain its current site. Edna Lyons, Director of the YMCA Kinship program, spoke about the services provided by the organization and submitted a letter describing the various support programs, a fact sheet, and an unsolicited petition from members of the organization's Spanish-speaking support group. She stated that the program's budget has been reduced from $400,000 to $113,000 and that rental of the facility costs $44,000 per year. Ms. Lyons expressed the need to retain the center for vital services for the community. Mayor Padilla referred the matter to staff for review and a report. Jean Schoonover stated that she is currently raising three grandchildren and has been involved in the Kinship program since its inception. She spoke of the many benefits provided by the organization and asked for Council's assistance to help retain the facility. Ivan Rosabal, a local resident, thanked the Council and City staff for their rapid response to his concerns addressed at a previous Council meeting regarding graffiti and transit. He reported that graffiti has been reduced in many areas of the City, with the biggest impacts around elementary and middle schools. He suggested that perhaps additional funding for graffiti issues might be available through the homeland security program. Page 5 - Council Minutes 06/03/03 OTHER BUSINESS 11. CITY MANAGER'S REPORTS Them were none. 12. MAYOR'S REPORTS There were none. 13. COUNCIL COMMENTS Deputy Mayor Rindone reported on an informative and insightful meeting he recently attended with Dr. Webber, President of San Diego State University, along with faculty members, local development representatives, and officials from the Sweetwater District. Dr. Webber expressed his eagerness to be a partner in advancing higher education, particularly in the South Bay, and asked that Chula Vista delineate its goals and expectations. Deputy Mayor Rindone stated that he informed Dr. Webber of the Mayor's plans to convene a task force on higher education in the near future. Councilmember McCann reported that he, along with Councilmembers Rindone and Davis, recently attended graduation ceremonies at Southwestern College. He reported that there were over 600 graduates, and he publicly congratulated them, as well as high school students on their upcoming graduations. CLOSED SESSION Closed session was cancelled, and the following items were not discussed: 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 Morris, Michael Meacham, Glen Googins Negotiating Parties: City of Chula Vista, San Diego Gas & Electric Under Negotiation: Price and Terms of Payment 15. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8 Property:Brandywine Classics, Common Area Lots 1 - 4 of Chula Vista Tract No. 82-3 Agency negotiator: Ludlow Keeney Negotiating Parties: Ann Moore, Linda Bartz, Harry Burrowes, and George Krempl Under Negotiation: Price and Terms Page 6 - Council Minutes 06/03/03 CLOSED SESSION (Continued) 16. CONFERENCE WITH LEGAL COUNSEL REGARDING INITIATION OF LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(c) · One case ADJOURNMENT At 5:14 p.m., Mayor Padilla adjourned the meeting to an Adjourned Regular Meeting on June 9, 2003, at 4:00 p.m. at the Corporation Yard, thence to the Regular Meeting of June 10, 2003, at 6:00 p.m. in the Council Chambers, thence to an Adjourned Regular Meeting on June 11, 2003, at 4:00 p.m., and thence to an Adjourned Regular Meeting on June 12, 2003, at 4:00 p.m. at the Corporation Yard. Susan Bigelow, CMC, City Clerk Page 7 - Council Minutes 06/03/03