HomeMy WebLinkAboutcc min 2003/07/22 MINUTES OF A REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY oF CHULA VISTA
July 22, 2003 6:00 P.M.
A Regular Meeting of the City Council of the City of Ghula Vista was called to order at 6:34
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: Councilmambers: None
ALSO PRESENT: City Manager Rowlands, Ctty Attorney Mdore, and Assistant City
Clerk Norris
PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE
SPECIAL ORDERS OF THE DAY
· PRESENTATION BY DOWNTOWN BUSINESS ASSOCIATION OF THE RESULTS
OF ITS ON-SITE AND OFF-SITE SURVEYS OF DOWNTOWN SHOPPER
PREFERENCES
The Downtown Business Association representative was not present, and the item was continued
to a future meeting.
· PRESENTATION OF A PROCLAMATION TO LAURA ORCUTT-FRIEDRICH,
AREA DIRECTOR FOR THE ARC STARLIGHT CENTER IN CHULA VISTA,
PROCLAIMING JULY 26, 2003 AS DISABILITy INDEPENDENCE DAY
Mayor Padilla read the proclamation, and Deputy Mayo~ Rindone presented it to Laura Omutt-
Frieddch.
CONSENT CALENDAR
(Items 1 through 11)
With reference to Item 1, Councilmember McCann encouraged members of the public to attend
the "Little Race for Little People" event, which is sched¢led for August 16, 2003, at the Chula
Vista Yacht Club, located at the J Street Marina.
With reference to Item 2, Councilmember Salas announced that she would abstain from
discussion and voting on the item, since she is currently purchasing property in the proximity of
the proposed project.
Regarding Item 8, Mayor Padilla communicated that a facsimile letter was received from Sempra
Energy registering opposition to the item.
CONSENT CALENDAR (Continued)
1. WRITTEN COMMUNICATIONS
· Letter from Michael Tegt, co-founder, "Little Race for Little People," requesting
Council support of the charity event to benefit the Neo-natal Intensive Care Unit
at San Diego's Children's Hospital.
Staff recommendation: Council acknowledge and support the "Little Race for
Little People" charity event.
2. ORDINANCE NO. 2926, ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ESTABLISHING DEVELOPMENT STANDARDS FOR PRECISE
PLAN PCM-03-33, KNOWN AS 216, 218, 220 DAVIDSON, AND 261 TWIN OAKS
AVENUE, CONSISTING OF FOUR DETACHED CONDOMINIUMS, EACH WITH A
TWO-CAR GARAGE ON AN EXISTING 9,632 SQUARE-FOOT LOT (SECOND
READING AND ADOPTION)
The applicant, Harold D. West, has requested a Precise Plan (PCM-03-33) in order to
establish development standards to construct four detached condominiums on one lot.
Each unit would have a two-car garage and be constructed to match the historic Victorian
structure to the east of the site. (Director of Planning and Building)
Staff recommendation: Council place the ordinance on second reading for adoption.
3. RESOLUTION NO. 2003-305, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDiNG CONTRACT FOR
THE QUINTARD STREET IMPROVEMENTS, BETWEEN ORANGE AVENUE AND
THIRD AVENUE IN THE CITY OF CHULA VISTA (PROJECT STL-285), AND
TRANSFERRING FUNDS FOR PROJECT CONSTRUCTION
On June 11, 2003, sealed bids were received for this project. The work to be done
consists of street improvements and related street light work, as well as all labor,
material, equipment, transportation, protection and restoration of existing improvements
and traffic control necessary for the project. (Director of Engineering)
Staff recommendation: Council adopt the resolution.
4. RESOLUTION NO. 2003-306, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AWARDING PURCHASE AGREEMENT TO DION
INTERNATIONAL TRUCKS, iNC., FOR $221,654 FOR ONE VACUUM SEWER
COMBINATION TRUCK THROUGH A COOPERATIVE PURCHASE WITH THE
CITY OF SAN DIEGO
The City is participating in a cooperative bids program with other government agencies
for the purchase of materials of common usage. The bid will be submitted with the
current City of San Diego bid to purchase one vacuum combination truck. (Director of
Public Works/Operations)
Staff recommendation: Council adopt the resolution.
Page 2 - Council Minutes 07/22/03
CONSENT CALENDAR (Continued)
5. RESOLUTION NO. 2003-307, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA WA1VING THE CONSULTANT SELECTION PROCESS
AND APPROVING THE FIRST AMENDMENT TO THE TWO-PARTY
AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND RECON FOR
SERVICES RELATED TO THE BIOLOGICAL MITIGATION AND MAINTENANCE
MONITORING REQUIREMENTS FOR THE SALT CREEK INTERCEPTOR SEWER
REVEGETATION PROJECT, AND AUTHORIZING THE MAYOR TO EXECUTE
SAID AMENDMENT :
The proposed resolution waives the formal bidding process and approves the first
amendment to the two-party agreement with RECON for consulting services for an
amount not to exceed $57,375. It also provides up to $50,000 for additional services to
cover unforeseen project needs throughout the r~maining five years of the agreement,
increasing the total maximum agreement amount fi'om $433,629 to $541,004. (Director
of Planning & Building) i
Staff recommendation: Council adopt the resolution.
6. RESOLUTION NO. 2003-308, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AMENDING THE !FISCAL YEAR 2004 BUDGET BY
APPROPRIATING UNANTICIPATED WORI43FORCE INVESTMENT ACT 231
GRANT AUGMENTATION FUNDS IN THE AMOUNT $12,922 TO THE LIBRARY
DEPARTMENT BUDGET FOR EXPENDITURES ASSOCIATED WITH THE
CHULA VISTA LITERACY TEAM
The Chula Vista Literacy Team recently received a one-time augmentation of $12,922
from the Workforce Investment Act 231 grant. This grant is designed to prepare adults to
enter the workforce. Funds will be used to purch~e instructional resources and supplies
to support the program and to hire instructional and support staff. (Assistant City
Manager Palmer)
Staff recommendation: Council adopt the resolutiOn.
7. RESOLUTION NO. 2003-309, RESOLUTION ~OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AUTHORIZING THE LEVY OF SPECIAL TAXES FOR
FISCAL YEAR 2003/2004 WITHIN COMMUNITY FACILITIES DISTRICTS 97-1,
97-2, 97-3, 98-1, 98-2, 98-3, 99-1, 99-2, 2000-1~ 2001-1, 2001-2, 06I, 07M, 08M AT
THE MAXIMUM AUTHORIZED SPECIAL TAX RATES APPLICABLE TO EACH
DISTRICT, AND DELEGATING TO THE CITy MANAGER THE AUTHORITY TO
ESTABLISH THE SPECIFIC SPECIAL TAX RATE APPLICABLE TO EACH
PARCEL PROViDED SUCH TAX RATE DOES NOT EXCEED THE APPLICABLE
MAXIMUM SPECIAL TAX RATE AUTHORIZED TO BE LEVIED BY THE CITY
COUNCIL
Fourteen community facilities districts (CFDs) ~vere established during Fiscal Years
1998-2003. Special taxes must be levied during Fiscal Year 2003-2004 in these districts
in order to pay for the maintenance of open space gnd preserve areas in CFDs 97-1, 97-2,
98-1, 98-2, 98-3, 99-2, 07M, and 08M; and to begin repaying bondholders in CFDs 97-3,
99-1, 2000-1, 2001-1, 2001-2 and 06I. (Director o~Engineering)
Staff recommendation: Council adopt the resolutiOn.
Page 3 - Council Minutes 07/22/03
CONSENT CALENDAR (Continued)
8. RESOLUTION NO. 2003-310, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROViNG THE ADOPTION OF CHULA VISTA
CONSTRUCTION STANDARDS CVCS-3 AND 4, RELATiNG TO TRENCH
BACKFILL AND SURFACE RESTORATION
On November 12, 2002, the Council adopted Resolution No. 2002-447, which, among
other things, approved revisions to the Chula Vista Subdivision Manual and the standards
and drawings used in public works construction in the City, with the exception of Chula
Vista Construction Standards CVCS-3 and CVCS-4, related to the restoration
requirements for utility trenches within the City. CVCS-3 and CVCS-4 were withheld
from consideration at that time in order to address a number of concerns expressed by
San Diego Gas & Electric and SBC Pacific Bell regarding the cost and effectiveness of
the proposed standard, which requires full lane-width grinding and resurfacin~ of utility
trenches located longitudinally within prime, major and four-lane roadways. Staff
worked extensively with the utility companies and is now requesting that the Council
adopt the proposed standards. (Director of Engineering)
Staffrecommendation: Council adopt the resolution.
9. RESOLUTION NO. 2003-311, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA WAIVING THE CONSULTANT SELECTION PROCESS
AS IMPRACTICAL AND APPROVING THE SECOND AMENDMENT TO THE
AGREEMENT WITH MUNIFINANCIAL LLC, FOR SPECIAL TAX CONSULTANT
SERVICES FOR THE ANNEXATION OF A PORTION OF THE OTAY RANCH
SECTIONAL PLANNiNG AREA 12 FREEWAY COMMERCIAL PLAN, CHULA
VISTA TRACT 03-11 TO IMPROVEMENT AREA A OF THE EXISTING OTAY
RANCH PRESERVE MAINTENANCE DISTRICT (CFD 97-02), AND
AUTHORIZiNG THE MAYOR TO EXECUTE SAID AMENDMENT
On April 15, 2003, the Council approved the tentative map for a portion of the Otay
Ranch, Planning Area 12 Freeway Commercial, currently owned by M~Millin Otay
Ranch LLC. In compliance with condition of approval No. 23 of the tentative map,
McMillin has requested that its project be annexed to Improvement Area A of CFD 97-
02: The special taxes collected from the properties located within Improvement Area A
will fund the operation and maintenance activities of the Otay Ranch habitat preserve.
Adoption of the resolution waives the selection process and approves the second
amendment to the existing agreement with MuniFinancial LLC, enabling the consultant
to provide special tax consultant services for the required annexation. (Director of
Engineering)
Staffrecommendation: Council adopt the resolution.
10 A. RESOLUTION NO. 2003-312, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROViNG THE FINAL MAP OF CHULA VISTA
TRACT NO. 01-1lA, OTAY RANCH VILLAGE 11, NEIGHBORHOOD R-2;
ACCEPTiNG ON BEHALF OF THE CITY OF CHULA VISTA THE VARIOUS
PUBLIC STREETS AND EASEMENTS AS GRANTED ON SAID MAP;
APPROVING THE SUBDIVISION IMPROVEMENT AGREEMENT; AND
AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
Page 4 - Council Minutes 07/22/03
CONSENT CALENDAR (Continued)
B. RESOLUTION NO. 2003-313, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE SUPPLEMENTAL SUBDIVISION
IMPROVEMENT AGREEMENT FOR CHULA VISTA TRACT NO. 01-1lA, OTAY
RANCH VILLAGE 11, NEIGHBORHOOD R-2, iAND AUTHORIZING THE MAYOR
TO EXECUTE SAID AGREEMENT
C. RESOLUTION NO. 2003-314, RESOLUTION DF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE GRANT OF EASEMENTS AND
MAINTENANCE AGREEMENT FOR 0TAY RANCH VILLAGE 11,
NEIGHBORHOOD R-2, ESTABLISHING jSPECIFIC OBLIGATIONS AND
RESPONSIBILITIES FOR MAINTENANCE OF PRIVATE FACILITIES WITHIN
THE PUBLIC RIGHT-OF~-WAY, AND AUTHORIZING THE MAYOR TO EXECUTE
SAID AGREEMENT '
Adoption of the resolutions approves NeighborhOod R-2, a subdivision o£ Otay Ranch
Village 11. Neighborhood R-2 consists of 47 ~ingl¢-family detached lots and sev~n
Home Owner's Association-maintained open spacq lots. (Director of Engineering)
Staff recommendation: Council adopt the resoluti6ns.
11 A. RESOLUTION NO. 2003-315, 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, NEIGHBORHOOD R-7;
ACCEPTING ON BEHALF OF THE CITY 0F CHULA VISTA THE VARIOUS
PUBLIC STREETS AND EASEMENTS MS GRANTED ON SAID MAP;
APPROVING THE SUBDIVISION IMPROVEMENT AGREEMENT, AND
AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
B. RESOLUTION NO. 2003-316, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE SUPPLEMENTAL SUBDIVISION
IMPROVEMENT AGREEMENT FOR CHULA VISTA TRACT NO. 01-11, OTAY
RANCH VILLAGE 11, NEIGHBORHOOD R-7, AND AUTHORIZING THE MAYOR
TO EXECUTE SAID AGREEMENT I
C. RESOLUTION NO. 2003-317, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE GRANT OF EASEMENTS AND
MAINTENANCE AGREEMENT FOR OTAY RANCH VILLAGE 11,
NEIGHBORHOOD R-7, ESTABLISHING SPECIFIC OBLIGATIONS AND
RESPONSIBILITIES FOR MAINTENANCE OF PRIVATE FACILITIES WITHIN
THE PUBLIC RIGHT-OF-WAY AND AUTHORiZING THE MAYOR TO EXECUTE
SAID AGREEMENT :
Adoption of the resolutions approves NeighborhOpd R-7, a subdivision of Otay Ranch
Village 11. Neighborhood R-7 consists of 67 single-family detached lots and four Home
Owner's Association-maintained open space lots. ~Director of Engineering)
Staff recommendation: Council adopt the resolutiohs.
ACTION: Mayor Padilla moved to approve staff'~ recommendations and offered the
Consent Calendar, headings read, texts waiyed. The motion carried 5-0 except on
Item 2, which carried 4-0-1, with CouncilmCmber Salas abstaining.
Page 5 - Council Minutes 07/22/03
ORAL COMMUNICATIONS
Blanka Herrera stated that there is a head shop in the vicinity of Third Avenue and Oxford Street,
in close proximity to a teenage recovery center, a pet shop, and an ice-cream parlor. She stated
that the community is concerned that this type of business is allowed to exist in the area, and she
asked the Council to prohibit such a business. Mayor Padilla referred the matter to staff.
Ivan Rosabal reported on graffiti, transit, and illegal dumping in the City. He stated that graffiti
has been curtailed due to positive responses by City staff and the City's graffiti eradication
program. Regarding transit, he spoke of the successful clean up at City bus stops, together with
the City's implementation of services by the Probation Department. He expressed concern about
the illegal dumping of materials on the south side of the City, and he displayed some of the
materials he had gathered from a bus stop on Palomar Street. He believed there was a need for
stricter City codes to prevent illegal dumping. He also said he has observed a higher number of
homeless persons in the City, perhaps as a result of construction of the new ballpark in
downtown San Diego. Mr. Rosabal spoke of San Diego's Curb Painter program, in which
addresses are painted on curbs at no charge to residents to assist police, fire and emergency
medical-personnel in locating addresses. He suggested that the City consider such a program.
He also suggested that the City's permit and business license forms be made bilingual. Mr.
Rosabal stated that residents also have a responsibility to do their part in keeping the City clean.
PUBLIC HEARINGS
12. CONSIDERATION OF PROPOSED ASSESSMENT OF CERTAIN DELINQUENT
SEWER SERVICE CHARGES AS RECORDED LIENS UPON THE RESPECTIVE
OWNER-OCCUPIED PARCELS OF LAND AND APPROVING PLACEMENT OF
THE DELINQUENT CHARGES ON THE NEXT REGULAR TAX BILL (Continued
from July 15, 2003)
In order to adequately protect the City's interest in delinquent sewer service charges and
ensure that collection efforts are directed towards the responsible property owner in the
event of a change in ownership, it is recommended that liens against affected pr6perties
be approve~At as a preliminary action to placing the delinquencies on the property tax rolls
if they remain unpaid. Adoption of the resolution enhances the collection process for
delinquent sewer service charges by ensuring that the correct property owners are
charged and that payment be received on a timelier basis. This is the identical process
approved by the Council since August 1998. (Director of Finance)
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 announced that public hearing was continued from July 15, 2003.
Treasury Manager Mandery stated that additional payments for delinquent sewer service charges
have been received over the past week. There are 140 outstanding delinquent sewer service
accounts, valued at approximately $61,000.00, and staff recommends that they be forwarded to
the County for collection.
There being no members of the public wishing to speak, Mayor Padilla closed the public hearing.
ACTION: Councilmember Davis offered Resolution No. 2003-318, heading read, text
waived:
Page 6 - Council Minutes 07/22/03
PUBLIC HEAR1NGS (Continued)
RESOLUTION NO. 2003-318, RESOLU'?ION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA ASSESSING DELINQUENT SEWER
SERVICE CHARGES AS LIENS LrP)N THE RESPECTIVE OWNER-
OCCUPIED PARCELS OF LAND AND APPROVING PLACEMENT OF
DELINQUENT CHARGES ON THE NEJ~ 1' REGULAR TAX BILL
The motion carded 5-0.
13. CONSIDERATION OF PROPOSED ASSESSMENT OF CERTAIN DELINQUENT
SOLID WASTE SERVICE CHARGES AS RECORDED LIENS UPON THE
RESPECTIVE OWNER-OCCUPIED PARCELS OF LAND AND APPROVING
PLACEMENT OF THE DELINQUENT CHARGES ON THE NEXT REGULAR TAX
BILL (Continued from July 15, 2003)
In order to adequately protect the City's interest in delinquent solid waste service
charges
and ensure that collection efforts are directed towards the responsible property owner in
the event of a change in ownership, it is recommended that liens against affected
properties be approved as a preliminary action!_to placing the delinquencies on the
property
tax rolls if they remain unpaid. Adoption of the resolution enhances the
collection process for delinquent sewer servicei charges by reducing the amount of
uncollectable losses and ensures that payment will !be received on a timelier basis. This is
the identical process approved by the Council 9n a quarterly basis since mid-2001.
(Director of Finance)
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 noted that the heating was continued fro July 15, 2003. With no members of the
public wishing to speak, he then closed the hearing. I
ACTION: Councilmember Salas offered Resolutio~ No. 2003-319, heading read, text
waived:
RESOLUTION NO. 2003-319, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA ASSESSING DELINQUENT SOLID WASTE
SERVICE CHARGES AS LIENS UPON THE RESPECTIVE OWNER-
OCCUPIED PARCELS OF LAND AND APPROVING PLACEMENT OF
DELINQUENT CHARGES ON THE NEJ~ T REGULAR TAX BILL
The motion carded 5-0.
Page 7 - Council Minutes 07/22/03
PUBLIC HEARINGS (Continued)
14. CONSIDERATION OF CHANGES TO THE LIBRARY MASTER FEE SCHEDULE
As part of the Fiscal Year 2004 budget process, the Library recommended changes to its
master fee schedule. These changes include increasing the insurance charge for
video/DVD and the interlibrary loan fee, reducing the video/DVD insurance charge per
item option, and amending the lost item processing fee and overdue charges for
videotapes. (Assistant City Manager Palmer)
Notice of the hearing was given in accordance with lega} requirements, and the heating was held
on the date and at the time specified in the notice.
Mayor Padilla opened the public hearing. With no members of the public wishing to speak, he
then closed the hearing.
ACTION: Mayor Padilla offered Resolution No. 2003-320, heading read, text waived:
RESOLUTION NO. 2003-320, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA APPROVING CHANGES TO THE LIBRARY
MASTER FEE SCHEDULE
The motion carried 5-0.
15. CONSIDERATION OF THE RESTRUCTURING OF THE SEWER SERVICE RATES
In June 1999, the Council approved a three-year sewer semice charge rate plan for fiscal
years 2000-2002, and 6% 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. On June 3, 2003, Council adopted a resolution
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 the public hearing. (Director o f Engineering)
Staffrecommendation: Council adopt the following resolution:
Deputy Director of Engineering Rivera presented the proposed rate restructuring, the intent of
which is to distribute costs equitably; ensure sufficient revenue; and meet new state mandates.
Deputy Mayor Rindone suggested that staff send an explanation of the rate changes to consumers
along their furore sewer bills.
Mayor Padilla opened the public hearing.
Judith George asked who was responsible for repairing a recent sewer spill in her yard caused by
her neighbor's sewer line that rtms through her property. Director of Engineering Swanson
replied that if the damage is on private property, it is the property owner's responsibility. Mayor
Padilla asked Public Works Operations Director Byers to meet with Ms. George to resolve the
issue.
Page 8 - Council Minutes 07/22/03
PUBLIC HEARINGS (Continued)
There being no further members of the public wishing to speak, Mayor Padilla closed the
heating, l
ACTION: Councilmember Davis offered Resolutio No. 2003-321, heading read, text
waived: /-
RESOLUTION NO. 2003-321, RESOLU' rlON OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA AMEND1NIG THE MASTER FEE SCHEDULE
BY RESTRUCTURING THE SEWER SERVICE RATES, ADOPTING A
FOUR-YEAR SEWER SERVICE RgTE PLAN BASED ON THE
"WASTEWATER USER AND RATE LESTRUCTURING STUDY", AND
APPROVING THE TRANSFER OF FUNDS FROM THE TRUNK SEWER
CAPITAL RESERVE FUND TO THE SE~ YER SERVICE REVENUE FUND
The motion carried 5-0.
16. CONSIDERATION OF TESTIMONY REGARDING THE FISCAL YEAR 2003/2004
LEVY AND COLLECTION OF ASSESSMENTS FOR CITY OPEN SPACE
DISTRICTS 1 THROUGH 9, 15, 17, 18, 20, 23, 24, 26, 31 AND 33, BAY
BOULEVARD AND TOWN CENTRE MAINTENANCE DISTRICTS
The City administers approximately 25 open spa4e districts established over the last 30
years. The districts provide the mechanism to finance the maintenance of common open
space areas (canyons, trails, medians, etc.) associated with and benefiting from that
particular development. As part of this procesS, a levy of an annual assessment is
necessary to enable the City to collect fimds fqr ongoing and proposed open space
maintenance. Adoption of the proposed resolution, continues the process for fiscal year
2003/2004. The City Engineer has prepared and filed reports on assessments for all
existing open space districts. On June 10, 2003, tl3e Council approved the reports and set
a public hearing to take testimony on the proposed assessments. (Director of
Engineering) ,
Notice of the heating was given in accordance with legal ~equirements, and the hearing was held
on the date and at the time specified in the notice.
Mayor Padilla opened the public heating. With no metal ,ers of the public wishing to speak, he
then closed the heating.
ACTION: Deputy Mayor Rindone offered Resoluti, )n No. 2003-322, heading read, text
waived:
RESOLUTION NO. 2003-322, RESOLU' ?ION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA ORDER lNG CERTAIN OPEN SPACE AND
MAINTENANCE FACILITIES TO i ~E MAINTAINED, APPROVING
MODIFICATIONS TO THE ENGINEE~ ?S REPORTS FOR FISCAL YEAR
2003/2004 AND LEVYING ASSESSME? [TS FOR OPEN SPACE DISTRICTS
1 THROUGH 9, 15, 17, 18, 20, 23, 24, ;6, 31 AND 33, BAY BOULEVARD
AND TOWN CENTRE MAINTENANCE DISTRICTS
The motion carried 5-0.
Page 9 - Council Minutes 07/22/03
PUBLIC HEARINGS (Continued)
17. CONSIDERATION OF THE FISCAL YEAR 2003/2004 LEVY AND COLLECTION
OF ASSESSMENTS FOR EASTLAKE MAiNTENANCE DISTRICT # 1
This is one of four agenda items that is a companion to agenda item 16 which gives all
background information and details on open space districts in general that are applicable
to this item, but does not include specific information on Open Space Districts 10, 11,
and 14 and Eastlake Maintenance District #1. Based upon the advice of the City
Attorney, agenda items 17, 18, 19, and 20 have been separated from agenda item 16 due
to conflict of interest concerns. One Councilmember owns property subject to the
proposed assessment in this district. (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.
Councilmember McCann announced that he would abstain from discussion and voting on the
item due to the proximity of his residence to the district. He left the dais at 7:33 p.m.
Mayor Padilla opened the public heating. With no members of the public wishing to speak, ahe
then closed the heating.
ACTION: Deputy Mayor Rindone offered Resolution No. 2003-323, heading read, text
waived:
RESOLUTION NO. 2003-323, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA ORDERING CERTAiN OPEN SPACE AND
MAINTENANCE FACILITIES TO BE MAINTAINED, APPROViNG
MODiFICATIONS TO THE ENGINEER'S REPORTS FOR FISCAL YEAR
2003/2004 AND LEVYiNG ASSESSMENTS FOR EASTLAKE
MAINTENANCE DISTRICT #1
The motion carded 4-0-1, with Councilmember McCann abstaining due to the
proximity of his'residence to the district.
Councilmember McCann returned to the dais at 7:34 p.m.
18. CONSIDERATION OF THE FISCAL YEAR 2003/2004 LEVY AND COLLECTION
OF ASSESSMENTS FOR OPEN SPACE DISTRICT #10
This is one of four agenda items that is a companion to agenda item 16, which gives all
background information and details on open space districts in general that are applicable
to this item, but does not include specific information on Open Space Districts 10, 11,
and 14 and Eastlake Maintenance District #1. Based upon the advice of the City
Attorney, agenda items 17, 18, 19, and 20 have been separated from agenda item 16 due
to conflict of interest concerns. One Councilmember owns property subject to the
proposed assessment in this district. (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.
Page 10 - Council Minutes 07/22/03
PUBLIC HEARINGS (Continued)
Councilmember Salas announced that she would abstain ~rom discussion and voting on the item
due to the proximity of her residence to the district. She l~ft the dais at 7:34 p.m..
Mayor Padilla opened the public heating. With no memhers of the public wishing to speak, he
then closed the public hearing.
ACTION: Deputy Mayor Rindone offered Resoluti ~n No. 2003-324, heading read, text
waived:
RESOLUTION NO. 2003-324, RESOLU' ['ION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA ORDER lNG CERTAIN OPEN SPACE AND
MAINTENANCE FACILITIES TO i 5E MAINTAINED, APPROVING
MODIFICATIONS TO THE ENGINEEt .'S REPORTS FOR FISCAL YEAR
2003/2004 AND LEVYING ASSESSME qTS FOR OPEN SPACE DISTRICT
#10
The motion carried 4-0-1, with Council nember Salas abstaining due to the
proximity of her residence to the district.
Councilmember Salas returned to the dais at 7:35 p.m.
19. CONSIDERATION OF THE FISCAL YEAR 2£ 03/2004 LEVY AND COLLECTION
OF ASSESSMENTS FOR OPEN SPACE DISTRI ET #11
This is one of four agenda items that is a compan on to agenda item 16, which gives all
background information and details on open spac~ districts in general that are applicable
to this item, but does not include specific infom~ation on Open Space Districts 10, 11,
and 14 and Eastlake Maintenance District #1. i Based upon the advice of the City
Attorney, agenda items 17, 18, 19, and 20 have b~en separated from agenda item 16 due
to conflict of interest concerns. One CouncilrCember owns property subject to the
proposed assessment in this district. (Director of Engineering)
Notice of the hearing was given in accordance with legal: equirements, and the heating was held
on the date and at the time specified in the notice.
Mayor Padilla announced that he would abstain from dis :ussion and voting on this item due to
the proximity of his residence to the district. He left the d; lis at 7:35 p.m.
Deputy Mayor Rindone opened the public heating. T~ere being no members of the public
wishing to speak, he the closed the hearing.
ACTION: Councilmember Davis offered Resolutio No. 2003-325, heading read, text
waived:
Page 11 - Council Minutes 07/22/03
PUBLIC HEARINGS (Continued)
RESOLUTION NO. 2003-325, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA ORDERING CERTA1N OPEN SPACE AND
MAiNTENANCE FACILITIES TO BE MAiNTAINED, APPROVING
MODIFICATIONS TO THE ENGiNEER'S REPORTS FOR FISCAL YEAR
2003/2004 AND LEVYiNG ASSESSMENTS FOR OPEN SPACE DISTRICT
#11
The motion caiTied 4-0-1, with Mayor Padilla abstaining due to the proximity of
his residence to the district
Mayor Padilla retumed to the dais at 7:37 p.m.
20. CONSIDERATION OF THE FISCAL YEAR 2003/2004 LEVY AND COLLECTION
OF ASSESSMENTS FOR OPEN SPACE DISTRICT #14
This is one of four agenda items that is a companion to agenda item 16 which gives all
background information and details on open space districts in general that are applicable
to this item, but does not include specific information on Open Space Districts 10, 11,
and 14 and Eastlake Maintenance District #1. Based upon the advice of the City
Attorney, agenda items 17, 18, 19, and 20 have been separated from agenda item 16 due
to conflict of interest concerns. One Councilmember owns property subject to the
proposed assessment in this district. (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.
Councilmember Davis announced that she would abstain from discussion and voting on this item
due to the proximity of her residence to the district. She left the dais at 7:37 p.m.
Mayor Padilla opened the public heating. There being no members of the public wishing to
speak, he then closed the hearing.
ACTION: Deputy Mayor Rindone offered Resolution No. 2003-326, heading read, text
waived:
RESOLUTION-NO. 2003-326, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA ORDERING CERTAiN OPEN SPACE AND
MAiNTENANCE FACILITIES TO BE MAiNTAINED, APPROVING
MODIFICATIONS TO THE ENGINEER'S REPORTS FOR FISCAL YEAR
2003/2004 AND LEVYING ASSESSMENTS FOR OPEN SPACE DISTRICT
#14
The motion carried 4-0-1, with Councilmember Davis abstaining due to the
proximity of her residence to the district.
Councilmember Davis returned to the dais at 7:38 p.m.
Page 12 - Council Minutes 07/22/03
ACTION ITEMS
21. CONSIDERATION OF AMENDING THE FISC~ ~L YEAR 2004 FIRE DEPARTMENT
BUDGET TO ADD PERSONNEL AND P1JRCHASE RELATED TRAINING,
UNIFORMS AND EQUIPMENT
At the Council budget workshop of June 9, 2002, the City Council stressed the urgent
need to place the second ladder truck in service. ' 7he truck would be located at the Otay
Ranch Fire Station. The Fire Department was gi ten the task of examining staffing and
training issues to determine the earliest possibl~ in-service date. The ladder truck is
currently budgeted to be in operation in December2004. The proposed resolution places
the ladder truck in service one year earlier, on December 12, 2003. (Fire Chief)
Fire Chief Perry reported that the City's new ladder tm :k will be staffed and in operation by
December 12, 2003.
Mayor Padilla stated that in spite of the impending state ~/id¢ budget cuts, public safety should
not be inhibited, and he congratulated staff on a good plan.
Councilmember Davis expressed her pleasure to have tl~e ladder track on board sooner rather
than later.
Rindone stressed the importance of the ~ity's commitment to the safety of its
Deputy
Mayor
citizens.
Councilmamber McCann stated that public safety is al Priority in meeting the needs of the
community.
Councilmember Salas stated that the requirement for .additional staffing and equipment is
representative of the City's growth.
City Manager Rowlands also recognized Fire Captain Chppos and Firefighter Miller
instrumental in the hiring of new personnel and the purchase of additional equipment, for being
ACTION: Mayor Padilla offered Resolution No. 200~-327, heading read, text waived:
RESOLUTION NO. 2003-327, RESOLU I'ION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA AMEND [BIG THE FISCAL YEAR 2004 FIRE
DEPARTMENT BUDGET BY ADDIN( THREE FIRE CAPTAINS, THREE
FIRE ENGINEERS, AND THREE ~IREFIGHTERS; APPROPRIATING
$750,510 FROM THE AVAILABLE BJ LANCE OF THE GENERAL FUND
FOR STAFFING AND RELATED C,)STS, AND $63,500 FROM THE
AVAILABLE BALANCE OF THE PUl ILIC FACILITIES DEVELOPMENT
IMPACT FEE FUND FOR START-UP E~UIFMENT; AND AMENDING THE
FISCAL YEAR 2005 SPENDING PLaN BY INCREASING THE FIRE
DEPARTMENT'S BUDGET BY $381,81
The motion carried 5-0.
Page 13 - Council Minutes 07/22/03
ACTION ITEMS (Continued)
22. CONSIDERATION OF APPROVAL OF AN INDIVIDUAL PARK MASTER PLAN
AND NEIGHBORHOOD PARK NAME FOR PARK P-1 OF OTAY RANCH,
VILLAGE ELEVEN
Brookfield Shea Otay LLC has prepared an individual park master plan for the 7.0-net-
acre neighborhood park site (P-l) located in the Otay Ranch Village Eleven project area.
The Parks and Recreation Commission has recommended approval of the individual park
master plan and park name (Windingwalk Park). (Director of Building & Park
Construction)
Landscape Planner Gamble introduced Glen Schmidt, representing Schmidt Design Group, who
presented the Village Eleven neighborhood park design.
Councilmember Davis asked if the tennis courts would be lighted. Landscape Planner Gamble
responded that the site development will include electrical conduit for the tennis court to
facilitate the future installation of lighting.
ACTION: Deputy Mayor Rindone offered Resolution No. 2003-328, heading read, text
waived:
RESOLUTION NO. 2003-328, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA APPROVING AN INDIVIDUAL PARK
MASTER PLAN AND NEIGHBORHOOD PARK NAME FOR PARK P-1
NEIGHBORHOOD PARK OF OTAY RANCH, VILLAGE ELEVEN
The motion carried 5-0.
OTHER BUSINESS
23. CITY MANAGER'S REPORTS
There were none.
24. MAYOR'S REPORTS
A. Ratification of reappointments to the following boards, committees and
commissions:
· Commission on Aging - Emma Abutin, Susan Carillo, Mary Jo Buettner
· Board of Appeals and Advisors - Jose Romo
· Economic Development Commission William Hall, Scott Vinson
· Board of Ethics - Jesse Navarro, Karen Batcher
· Growth Management Oversight Commission - Arthur Garcia, William
Tripp
· Human Relations Commission - Michael Palomo
· Intemational Friendship Commission - Carmelita Vinson
· Mobilehome Rent Review Commission - Cesar Padilla
· Parks and Recreation Commission - Larry Perondi, Don Salcido
· Planning Commission - Steve Castafieda, Marco Polo Cortes
· Resource Conservation Commission - Juan Diaz
· Safety Commission - Jose Lopez
Page 14 - Council Minutes 07/22/03
OTHER BUSINESS (Continued)
ACTION: Mayor Padilla moved to ratify the abo~ementioned
reappointments.
Deputy
Mayor Rindone seconded the motion, and lt carried 5-0.
25. COUNCIL COMMENTS
There were none.
CLOSED SESSION
26. CONFERENCE WITH LEGAL COUNSEL REGARDING INITIATION OF
LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(c)
Two cases
ACTION: Direction was given to staff.
27. CONFERENCE WITH LEGAL COUNSEL REG M>,.D1NG SIGNIFICANT EXPOSURE
TO LITIGATION PURSUANT TO GOVERNMI~ NT CODE SECTION 54956.9(b)
· One case
No reportable action was taken on this item.
/
28. CONFERENCE WITH LEGAL COUNSEL RE~ARD1NG EXIST1NG LITIGATION
PURSUANT TO GOYERNMENT CODE SECTIpN 54956.9(a)
· City of Chula Vista v. C & S Doctor (Case 787174 and 803780)
This item was not discussed.
29. CONFERENCE WITH REAL PROPERTY NEGOTIATOR PURSUANT TO
GOVERNMENT CODE SECTION 54956.8
Property: The Chula Vista Municip tl Golf Course on Bonita Road and
adjacent acreage owned by'he City
Agency Negotiator: Sid Moms
Negotiating Parties: City of Chula Vista (Sid iMords), American Golf Corporation
(Brian Jackson).
Under Negotiation: Price, terms, and dispositio~ of lease.
No action was taken on this item.
30. CONFERENCE WITH REAL PROPERTY NEGI )TIATORS PURSUANT TO
GOVERNMENT CODE 54956.8
Property: Brandywine Classics, Com~ ~on Area Lots 1-4 of Chula Vista
Tract No 82-3
Agency Negotiators: Ann Moore, Linda Bartz, H wry Burrowes, George Krempl
Negotiating parties: City of Chula Vista and Lu¢ low Keeney
Under Negotiation: Price and Terms
No reportable action was taken on this item.
Page 15 - Council Minutes 07/22/03
CLOSED SESSION (Continued)
31. CONFERENCE WITH REAL PROPERTY NEGOTIATORS 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
City negotiators: David Rowlands, Jr., Sid Morals, Michael Meacham, Glen
Googins
Negotiating Parties: City of Chula Vista and San Diego Gas & Electric (various
representatives)
Under Negotiation: Price and terms of franchise conveyance
No action was taken on this item.
ADJOURNMENT
At 9:30 p.m., Mayor Padilla adjourned the meeting to a Special Meeting of the City Council on
July 29, 2003, at 1:00 p.m. in the Council Chambers, and thence to the Regular Meeting of
August 19, 2003, at 6:00 p.m. in the Council Chambers. The meetings of August 5 and August
12, 2003 have been cancelled.
Donna Norris, Assistant City Clerk
Page 16 - Council Minutes 07/22/03