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