HomeMy WebLinkAboutcc min 2003/09/16 MINUTES OF A REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF CHULA VISTA
September 16, 2003 6:00 P.M.
A Regular Meeting of the City Council of the City of Chula Vista was called to order at 6:27
p.m. in the Council Chambers, located in the Public Services Building, 276 Fourth Avenue,
Chula Vista, California.
ROLL CALL:
PRESENT: Councilmembers: Davis, McCann, Rindone, Salas, and Mayor Padilla
ABSENT: Councilmembers: None
ALSO PRESENT: City Manager Rowlands, City Attorney Moore, and City Clerk
Bigelow
PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE
SPECIAL ORDERS OF THE DAY
· CONSIDERATION OF ACCEPTANCE OF THE VETERANS ADVISORY
COMMISSION'S RECOMMENDATION TO NAME JOE CASILLAS AS THE 2003
VETERAN OF THE YEAR, AND PRESENTATION OF A PROCLAMATION BY
MAYOR PADILLA TO JOE CASILLAS AS THE 2003 VETERAN OF THE YEAR
Robert White, Chair of the Veterans Advisory Commission, reported the unanimous decision by
the Commission to nominate Joe Casillas as the 2003 Veteran of the Year. He added that Mr.
Casillas was responsible for the naming of streets in the Sunbow neighborhood in honor of fallen
veterans.
ACTION: Councilmember Salas moved to affirm the nomination of Joe Casillas as the 2003
Veteran of the Year. Councilmember Davis seconded the motion, and it carried
5-0.
Mayor Padilla congratulated Mr. Casillas, who thanked the Council for the recognition and
experience he has gained working in the community.
· INTRODUCTION BY FIRE CHIEF DOUG PERRY OF THE EMPLOYEE OF THE
MONTH, DAVID ALBRIGHT, FIRE CAPTAIN
Fire Chief Perry introduced employee of the month David Albright. Mayor Padilla read the
proclamation, and Deputy Mayor Rindune presented it to Captain Albright.
· PRESENTATION OF PROCLAMATION BY MAYOR PADILLA TO JIM
BETYISWORTH, COMMENDING HIM UPON 33 YEARS OF DEDICATED
SERVICE TO THE PUBLIC WORKS OPERATIONS DEPARTMENT,
CONSTRUCTION AND REPAIR DIVISION
Public Works Director Byers introduced Jim Bettisworth. Mayor Padilla then read the
proclamation, and Deputy Mayor Rindone presented it to Mr. Bettisworth.
SPECIAL ORDERS OF THE DAY (Continued)
· PRESENTATION BY JIM PIERI, PRESIDENT/CEO OF MOUNTAIN WEST REAL
ESTATE, OF THE GOLD NUGGET AWARD OF MERIT TO THE CITY FOR
GATEWAY CHULA VISTA
Mr. Pied presented the Gold Nugget Award of Merit recognizing the City for excellence for the
Gateway Chula Vista project.
· VIDEO PRESENTATION BY MARK AND MARY LOU BRISEIglO HIGHLIGHTING
THE FAMILY FINE ARTS ACADEMY
Mark and Mary-Lou Brisefio, founders of the Family Fine Arts Academy, showed a video
illustrating the many activities they provide, including dance, music, language, and martial arts.
The academy is located in the Chula Vista Gateway Center and offers over 200 class times.
CONSENT CALENDAR
(Items 1 through 22)
Item No. 17 was moved from the Consent Calendar to Action Items at the request of staff.
Item No. 21 was continued to September 30, 2003, at the request of staff.
Item No. 22 was continued to a date uncertain at the request of staff.
With reference to Item No. 10, Deputy Mayor Rindone stated that some of the items included in
the first amendment should have been anticipated in the original contract.
1. APPROVAL OF MINUTES of August 19 and August 26, 2003.
Staff recommendation: Council approve the minutes.
2. ORDINANCE NO. 2928, ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ESTABLISHING A 35 M.P.H. SPEED LIMIT ON CLUBHOUSE
DRIVE BETWEEN HUNTE PARKWAY AND NORTH/SOUTH CREEKSIDE
DRIVE, THEREBY AMENDING SCHEDULE X OF A REGISTER MAINTAINED IN
THE OFFICE OF THE CITY ENGINEER (SECOND READING AND ADOPTION)
Based on provisions of the California Vehicle Code and pursuant to authority under
Chula Vista Municipal Code Section 10.48.020, the City Engineer has determined that, in
the interest of minimizing traffic hazards and for the promotion of public safety, the
speed limit on Clubhouse Drive between Hunte Parkway and North/South Creekside
Drive be established at 35 mph. This speed limit will be added to Schedule X of the
register maintained in the Office of the City Engineer. This ordinance was introduced on
August 26, 2003. (Director of Engineering)
Staff recommendation: Council adopt the ordinance.
Page 2 - Council Minutes 09/16/03
CONSENT CALENDAR (Continued)
3. ORDINANCE NO. 2929, ORDINANCE OF THE CITY OF CHULA VISTA
ESTABLISHING A 45 M.P.H. SPEED LIMIT ON HUNTE PARKWAY BETWEEN
SOUTH GREENSVIEW DRIVE/OAK SPRINGS DRIVE AND OLYMPIC
PARKWAY, THEREBY AMENDING SCHEDULE X OF A REGISTER
MAINTAINED IN THE OFFICE OF THE CITY ENGINEER (SECOND READING
AND ADOPTION)
Based on provisions of the California Vehicle Code and pursuant to authority under
Chula Vista Municipal Code Section 10.48.020, the City Engineer has determined that, in
the interest of minimizing traffic hazards and for the promotion of public safety, the
speed limit on Hunte Parkway between South Greensview Drive/Oak Springs Drive and
Olympic Parkway be established at 45 mph. This speed limit will be added to Schedule
X of the register maintained in the Office of the City Engineer. This ordinance was
introduced on August 26, 2003. (Director of Engineering)
Staff recommendation: Council adopt the ordinance.
4. ORDINANCE NO. 2930, ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ESTABLISHING A 25 M.P.H. SPEED LIMIT ON THIRD AVENUE
BETWEEN G STREET AND H STREET AND AMENDING SCHEDULE X OF THE
REGISTER AS MAINTAINED BY THE OFFICE OF THE CITY ENGINEER
(SECOND READING AND ADOPTION
Based on provisions of California Vehicle Code Sections 22352, 22358 and 40802, and
pursuant to authority under Chula Vista Municipal Code Section 10.48.020, the City
Engineer has determined that the speed limit on Third Avenue between G and H Streets
should be decreased from the existing 35 mph limit to 25 mph. This ordinance was
introduced on August 26, 2003. (Director of Engineering)
Staff recommendation: Council adopt the ordinance.
5. ORDINANCE NO. 2931, ORDINANCE OF THE CITY OF CHULA VISTA
AMENDING CHAPTER 2.05 OF THE CHULA VISTA MUNICIPAL CODE TO
INCLUDE NEWLY CREATED UNCLASSIFIED POSITIONS AND TO DELETE
UNCLASSIFIED POSITIONS NO LONGER USED BY THE CITY OF CHULA
VISTA (4/5THS VOTE REQUIRED) (SECOND READING AND ADOPTION
Charter Section 500 requires that all unclassified positions not mentioned specifically in
Charter Section 500 be adopted by ordinance and with a four-fifths vote of the Council.
Several new unclassified positions have been created in the past. Additionally, with the
addition of new positions, some of the previously existing positions have become
obsolete. Consequently, Municipal Code §2.05.010 must be amended to reflect the
changes to the unclassified positions. This ordinance was introduced on August 26,
2003. (Director of Human Resources)
Staff recommendation: Council adopt the ordinance.
6. ORDINANCE NO. 2932, ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AMENDMENTS TO THE SALT CREEK RANCH
PLANNED COMMUNITY DISTRICT REGULATIONS AND ZONING DISTRICTS
MAP (SECOND READING AND ADOPTION)
Page 3 - Council Minutes 09/16/03
CONSENT CALENDAR (Continued)
The applicant, McMillin Development Company, has submitted applications to amend
the City's General Plan, Salt Creek Ranch General Development Plan, Salt Creek Ranch
Sectional Planning Area Plan, and Salt Creek Ranch planned community district
regulations for two sites within the Rolling Hills Ranch master planned community. The
applications request (1) conversion of 10 acres on the west side of Duncan Road from
low density residential to low medium density residential in Neighborhood 7, as well as a
density transfer; and (2) adjustment of land use boundaries between the parcel designated
as "community park" and the immediately adjacent community purpose facility site
within Neighborhood 8. This ordinance was introduced on August 26, 2003. (Acting
Director of Planning and Building)
Staff recommendation: Council adopt the ordinance.
7. ORDINANCE NO. 2933, ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ADOPTING PCM-03-08 TO ESTABLISH DEVELOPMENT
STANDARDS AND APPROVING A 25 PERCENT DENSITY BONUS TO ALLOW
FOR A 14-UNIT CONDOMINIUM PROJECT IN THE R2P ZONE FOR PROPERTY
LOCATED AT 815 ADA STREET (SECOND READING AND ADOPTION)
The applicant proposes a condominium project with certain deviations from the R-2
development standards and an increase from 12 to 14 dwelling units utilizing the
provisions for a precise plan as outlined in zoning code sections 19.14.570 - 580. The
Montgomery Specific Plan provides that a net density bonus of 25 percent may be given
to development projects "characterized by outstanding planning or urban design," if
approved by the Planning Commission and City Council. Pursuant to the California
Environmental Quality Act, the Environmental Division has reviewed the proposal and
found that the project is a Class 32 exemption for infill developments. This ordinance
was introduced on August 26, 2003. (Acting Director of Planning and Building)
Staff recommendation: Counc'fl adopt the ordinance.
8. RESOLUTION NO. 2003-390, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING A TWO-PARTY AGREEMENT WITH HOST
VENDING, INC. TO PROVIDE VENDING SERVICES CITYWIDE ON AN AS-
NEEDED BASIS FOR AN INITIAL FIVE-YEAR PERIOD AND AUTHORIZING
THE PURCHASING AGENT TO RENEW THE AGREEMENT FOR FIVE
ADDITIONAL, ONE-YEAR OPTION PERIODS (Continued from August 26, 2003)
A request for proposals for vending services was sent to 13 potential respondents in
October 2002. On November 7, 2002, four responses were received. Of the 13
companies contacted, two were local vendors, but neither submitted a proposal. (Director
of Finance, Director of Recreation)
Staff recommendatiom Council adopt the resolution.
Page 4 - Council Minutes 09/16/03
CONSENT CALENDAR (Continued)
9. RESOLUTION NO. 2003-391, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AWARDING A PURCHASING AGREEMENT TO PIERCE
MANUFACTURING, INC., FOR ONE TRIPLE COMBINATION PUMPER,
AUTHORIZING THE SALE OF AN EXISTING TELESQURT FIRE ENGINE,
AMENDING THE FISCAL YEAR 2004 BUDGET BY APPROPRIATING $355,000
FROM THE AVAILABLE BALANCE OF THE EQUIPMENT REPLACEMENT
FUND FOR SAID PURCHASE, AND $10,000 FROM THE AVAILABLE BALANCE
OF THE GENERAL FUND TO THE FIRE DEPARTMENT FOR OUTFITIING OF
THE FIRE ENGINE, AND AUTHORIZING THE PURCHASING AGENT TO
EXECUTE SAID AGREEMENT
The existing Telesqurt fire truck was purchased in 1995 and is eight years into a twenty-
year replacement cycle. Due to its age and condition, it currently has a high sale value.
Adoption of the resolution awards a purchasing agreement to Pierce Manufacturing, Inc.
for one triple-combination pumper, appropriates funds for said purchase, and authorizes
the sale of the Telesqurt. (Fire Chief)
Staff recommendation: Council adopt the resolution.
10. RESOLUTION NO. 2003-392, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE FIRST AIVlENDMENT TO THE
DESIGN BUILD AGREEMENT WITH MELHORN CONSTRUCTION CO. TO
INCLUDE NECESSARY IMPROVEMENTS TO THE DAVID A. WERGELAND
SHARK AND RAY EXPERIENCE, AND AUTHORIZING THE MAYOR TO
EXECUTE SAID AMENDMENT
The project is near completion, and there are necessary improvements needed to
complete the project. Staff recommends that $38,907 of the project's contingency be
applied to the guaranteed maximum price for this purpose. (Director of General
Services)
Staff recommendation: Council adopt the resolution.
11. RESOLUTION NO. 2003-393, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AUTHORIZING THE CITY MANAGER TO ENTER INTO
ANY AGREEMENTS NECESSARY TO OBTAIN EXCESS WORKERS'
COMPENSATION INSURANCE COVERAGE FOR THE POLICY PERIOD
COMMENCING OCTOBER 1, 2003, VIA THE MOST COST-EFFECTIVE MEANS
AVAILABLE
The state of the current excess workers' compensation insurance market has made it
necessary for staff to explore alternative coverage options, such as shared risk pooling,
group purchased insurance, or group self-funding. It is necessary for the City to position
itself to be able to act quickly to take advantage of the most cost-effective means of
insuring these exposures. (Director of Human Resources)
Staff recommendation: Council adopt the resolution.
Page 5 - Council Minutes 09/16/03
CONSENT CALENDAR (Continued)
12 A. RESOLUTION NO. 2003-394, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ADOPTING AN AMENDED BOUNDARY MAP
SHOWING THE BOUNDARIES OF THE TERRITORY PROPOSED FOR
INCLUSION IN PROPOSED COMMUNITY FACILITIES DISTRICT NO. 07-I
(OTAY RANCH VILLAGE ELEVEN)
B. RESOLUTION NO. 2003-395, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA DECLARING ITS INTENTION TO ESTABLISH
COMMUNITY FACILITIES DISTRICT NO. 07-I (OTAY RANCH VILLAGE
ELEVEN) AND TO AUTHORIZE THE LEVY OF A SPECIAL TAX THEREIN TO
FINANCE THE ACQUISITION OR CONSTRUCTION OF CERTAIN FACILITIES
C. RESOLUTION NO. 2003-396, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ORDERING AND DIRECTING THE PREPARATION OF
A REPORT FOR PROPOSED COMMUNITY FACILITIES DISTRICT NO. 07-I
(OTAY RANCH VILLAGE ELEVEN)
D. RESOLUTION NO. 2003-397, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA DECLARING ITS INTENTION TO ISSUE BONDS FOR
COMMUNITY FACILITIES DISTRICT NO. 07-I (OTAY RANCH VILLAGE
ELEVEN) TO BE SECURED BY SPECIAL TAXES TO PAY FOR THE
ACQUISITION OR CONSTRUCTION OF CERTAIN FACILITIES
Brookfield Shea Otay, LLC has requested the City to initiate proceedings to form
Community Facilities District (CFD) No. 07-I (Otay Ranch Village Eleven) for the
purpose of financing the acquisition or construction of public facilities serving the
properties within Village 11. Adoption of the proposed resolutions approves an amended
boundary map for CFD-07-I; declares the intent of the Council to form the district and
designates the improvements therein; describes the improvements authorized to be
financed by CFD-07-I; declares the intent of the Council to authorize the levy of special
taxes to finance the improvements; declares the intent of the Council to authorize the
district to incur a bonded indebtedness; directs the special tax consultant to prepare the
special tax report; and sets the public hearing for this district for October 21, 2003.
(Director of Engineering)
Staff recommendation: Council adopt the resolutions.
13. RESOLUTION NO. 2003-398, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AMENDING THE CHULA VISTA POLICE
DEPARTMENT'S RECORD DESTRUCTION PROCEDURE
Preparations are underway to purge all unnecessary documents before moving to the new
Police Facility. With this objective in mind, a recent audit of the Police Depa,h~ient's
records destruction procedure was conducted. The audit identified many records that
have been accumulating that are, by law, not required to be retained. Section 34090 of
the Government Code allows the City Council to authorize the destruction of records by
resolution in conjunction with approval from the City Attorney. (Chief of Police)
Staff recommendation: Council adopt the resolution.
Page 6 - Council Minutes 09/16/03
CONSENT CALENDAR (Continued)
14. RESOLUTION NO. 2003-399, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING DISADVANTAGED BUSINESS
ENTERPRISE PROGRAM FOR THE PERIOD OF OCTOBER 1, 2003 THROUGH
SEPTEMBER 30, 2004 FOR CITY OF CHULA VISTA PROJECTS UTILIZING
FEDERAL HIGHWAY ADMINISTRATION FUNDING
All local agencies receiving funds from the Federal Highway Administration (FHA) are
required to submit a Disadvantaged Business Enterprise Program, which is designed to
allow contractors/consultants owned and controlled by minorities, women and other
socially and economically disadvantaged persons to have the opportunity to bid and work
on projects funded by the FHA. (Director of Engineering)
Staff recommendation: Council adopt the resolution.
15 A. RESOLUTION NO. 2003-400, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AMENDING THE BUDGET TO ADD TWO
UNCLASSIFIED POSITIONS, REGIONAL COMPUTER FORENSIC LABORATORY
(RCFL) NETWORK ENGINEER AND CALIFORNIA BORDER ALLIANCE GROUP
(CBAG) MANAGEMENT ASSISTANT, AND APPROPRIATING $157,137 TO THE
POLICE DEPARTMENT FROM THE AVAILABLE BALANCE OF THE GENERAL
FUND BASED ON UNANTICIPATED REVENUES
B. ORDINANCE NO. 2935, ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTION
2.05.010 RELATING TO THE ESTABLISHMENT OF UNCLASSIFIED POSITIONS
The California Border Alliance has requested the addition of a Regional Computer
Forensic Library Network Engineer and CBAG Management Assistant. There is no
fiscal impact to the City to add these positions. Chula Vista Charter section 500 requires
that all unclassified positions not mentioned in Charter section 500 be added by
Ordinance. Adoption of the ordinance amends Municipal Code section 2.05.010 to add
the unclassified position of Regional Computer Forensic Laboratory Network Engineer.
(Chief of Police)
Staff recommendation: Council adopt the resolution and place the ordinance on first
reading.
16 A. RESOLUTION NO. 2003-401, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA DESIGNATING AND SETIING ASIDE CERTAIN CITY-
OWNED REAL PROPERTY AS RIGHT-OF-WAY FOR STREET AND PUBLIC
UTILITY PURPOSES AS NECESSARY FOR THE COMPLETION OF THE
OLYMPIC PARKWAY STREET WIDENING PROJECT
B. RESOLUTION NO. 2003-402, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA DESIGNATING AND SETI'ING ASIDE CERTAIN CITY-
OWNED REAL PROPERTY AS RIGHT-OF-WAY FOR STREET AND PUBLIC
UTILITY PURPOSES AS NECESSARY FOR THE COMPLETION OF THE
PALOMAR STREET WIDENING PROJECT
Page 7 - Council Minutes 09/16/03
CONSENT CALENDAR (Continued)
The proposed resolutions designate and set aside portions of certain City-owned lands for
street and public utility purposes as part of Olympic Parkway and Palomar Street.
(Director of Engineering)
Staff recommendation: Council adopt the resolutions.
17. ITEM 17 WAS MOVED FROM THE CONSENT CALENDAR TO ACTION ITEMS
AT THE REQUEST OF STAFF.
18. RESOLUTION NO. 2003-403, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA WAIVING THE FORMAL SELECTION PROCESS AND
APPROVING AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND
HON CONSULTING FOR THE PROVISION OF ENVIRONIVIENTAL
CONSULTANT SERVICES REQUIRED FOR VARIOUS CAPITAL IMPROVEMENT
PROGRAM PROJECTS AND AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT ON BEHALF OF THE CITYCONSENT CALENDAR
Adoption of the proposed resolution approves an agreement with Hun Consulting for the
provision of environmental consulting services required to coordinate the preparation of
environmental documents for various capital improvement program projects. There is
currently an immediate need for the consultant's services to facilitate the preparation of
environmental documents required for the construction of the Wolf Canyon Trunk Sewer.
(Director of Engineering)
Staff recommendation: Council adopt the resolution.
19. RESOLUTION NO. 2003-404, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING CHULA VISTA TRACT NO. 92-02, SALT
CREEK RANCH, NEIGHBORHOOD 8, UNIT 4 FINAL MAP; ACCEPTING ON
BEHALF OF THE CITY OF CHULA VISTA THE VARIOUS PUBLIC EASEMENTS,
ALL AS GRANTED ON SAID MAP WITHIN SAID SUBDMSION, APPROVING
THE SUBDIVISION IMPROVEMENT AGREEMENT FOR THE COMPLETION OF
IMPROVEMENTS REQUIRED BY SAID SUBDIVISION AND AUTHORIZING THE
MAYOR TO EXECUTE SAID AGREEMENT
In October 1992, the Council approved the Tentative Subdivision Map for Chula Vista
Tract No. 92-02, Salt Creek Ranch. The Final Map for Neighborhood 8, Unit 4, and the
subdivision improvement agreement, are now before Council for consideration and
approval. Resolution 2001-105 approved the supplemental subdivision improvement
agreement for the project. The developer is McMillin Rolling Hills Ranch, LLC. The
map, for 27 dwelling units, is governed by the building permit monitoring agreement,
which provides for 120 permits to be issued in the year ending 03/31/04. (Director of
Engineering)
Staff recommendation: Council adopt the resolution.
Page 8 - Counc'd Minutes 09/16/03
CONSENT CALENDAR (Continued)
20. RESOLUTION NO. 2003-405, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA RATIFYING SUBMYI~AL OF A REGIONAL
HOUSEHOLD HAZARDOUS WASTE GRANT APPLICATION IN THE AMOUNT
OF $300,000 TO THE CALIFORNIA INTEGRATED WASTE MANAGEMENT
BOARD
The City received a regional grant of $300,000 from the California Integrated Waste
Management Board in August 2001. The grant funded operating costs for the regional
household hazardous waste facility at the City's Corporation Yard through March 2003.
Staff submitted a regional grant application for $300,000 to serve Chula Vista, Coronado,
Imperial Beach, and National City for the period of October 1, 2003 through March 31,
2006. The state has recently informed the City that it received the highest ranking of all
applicants within the state and is being recommended for funding. (Director of
Conservation and Environmental Services)
Staff recommendation: Council adopt the resolution.
21. CONSIDERATION OF THE CONCEPTUAL RIGHT-OF-WAY IMPROVEMENT
PLAN FOR F STREET FROM FOURTH AVENUE TO ITS TERMINUS AT THE
BAYFRONT (Continued from 8/26/03)
The report identifies the F Street corridor, from Fourth Avenue to its terminus at the
Bayfront, as an area that has the potential for cohesive street improvements at an
undetermined time in the future. It is expected that with Council acceptance of the
preliminary conceptual plan, it would be incorporated into other, more comprehensive
planning documents addressing the western portion of the City. (Director of General
Services)
Staff recommendation: Council continue this item to the meeting of September 30, 2003.
22. CONSIDERATION OF ACCEPTANCE OF A REPORT REGARDING FUTURE
TRANSPORTATION PROJECTS SUBMI'ITED TO SANDAG FOR THE PROPOSED
TRANSNET EXTENSION (Continued from August 26, 2003)
SANDAG is currently in the process of working on a ballot measure to extend the
TransNet program. The program is based on a one-half-cent sales tax and funds a variety
of important transportation projects throughout the region. The current program expires
in 2008. As part of the process, SANDAG has requested each local agency to submit
proposed projects for inclusion in the extended program. (Director of Engineering)
Staff recommendation: Council continue this item to the meeting of September 30, 2003.
ACTION: Mayor Padilla moved to approve staff's recommendations and offered Consent
Calendar Items 1 through 16 and 18 through 20, headings read, texts waived. The
motion carried 5-0, except with regard to Item 1 (August 19, 2003 minutes),
which carried 4-0-1, with Councilmember Salas abstaining due to her absence
from the meeting.
Page 9 - Council Minutes 09/16/03
ORAL COMMUNICATIONS
Fred Stearley stated that the elimination of the 6:00 a.m. to 8:00 a.m. swim time at the Loma
Verde pool has resulted in overcrowding and safety issues in the swim lanes at the Parkway pool.
He requested that the early morning swim time at Loma Verde be reinstated.
Brenda Norton, a residem of Rolling Hills Ranch, reported on extreme vandalism and severe
health risks in the neighborhood, stating that the residents have been proactive in proposing
solutions to the association and developer but to no avail. She presented a petition requesting
increased police coverage and asked the City to work with the residents and homeowners
association to address the problems. She also asked the City to place McMillin Company on
notice of its liability in the matter. Mayor Padilla referred the matter to Council staff.
Jetta Russell, a Rolling Hills Ranch resident, stated that she has been working with the
homeowner's board for several years, with few results, and said she anticipated that the
homeowners would have to take over the board within the next year. She indicated that she has
documented all the requests to the board for assistance, and she asked if the City had any
protocol to address these types of issues.
Elizabeth Osgrove spoke regarding the removal of the 6:00 a.m. to 8:00 a.m. swim time at I_oma
Verde pool, stating that with fewer lap lanes at Parkway pool, the swim time is both inconvenient
and unsafe. She asked the Council to reinstate the early swim hours at the Loma Verde pool.
Pam Page, a swimmer at the Loma Verde pool, suggested a compromise by opening the Parkway
pool earlier and closing it later. She also expressed concern regarding safety issues associated
with the combined swim times.
PUBLIC HEARINGS
23. CONSIDERATION OF CONDITIONAL USE PERMIT PCC-02-13 AND AN APPEAL
OF THE PLANNING COMMISSION'S ACTION TO APPROVE THE CONVERSION
OF AN EXISTING ACCESSORY BUILDING INTO AN ACCESSORY SECOND
DWELLING UNIT LIMITED IN SIZE TO 700 SQUARE FEET AT 736 CHURCH
AVENUE (Continued from August 19, 2003)
The Planning Commission twice heard this request to add onto an existing garage/
workshop and convert it into a 906 square-foot, accessory second dwelling. After first
denying the request, the Commission reconsidered and approved it with a stipulation
limiting the unit to 700 square feet to insure compatibility with the surrounding single-
family neighborhood. The applicant has appealed the Commission's decision, requesting
the 906 square-foot unit. (Acting Director of Planning & Building)
Notice of the hearing 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.
Principal Planner Schmitz presented the appeal and applicant's request.
Councilmember Davis requested clarification as to whether the lot was zoned for single or multi-
family use. Principal Planner Schmitz replied that, by state law, an accessory unit could be
applied to either single or multi-family units.
Page 10 - Council Minutes 09/16/03
PUBLIC HEARINGS (Continued)
Councilmember McCann asked why no final enforcement action was taken on the conversion of
the workshop to a living unit pending the outcome of the hearing. Principal Planner Schmitz
replied that the applicant would be required to obtain a building permit upon approval of the
conditional use permit by the Council. He also clarified that under the new City code and state
guidelines, the applicant could apply for a building permit and convert the unit into habitable
space without requiring any discretionary action by the Council.
Counci[member Salas asked whether the current property owner purchased the property in its
present state. Principal Planner Schraitz replied affirmatively. Councilmember Salas then asked
staff to confirm her understanding that had the previous owner applied for a permit to build the
structure, as it currently exists, it would most likely have been denied; however, changes in state
law since that time allow the granting of a permit. The reason that the City has not required the
old structure to be demolished is that under current regulations it is permitted, but the City is
awaiting final resolution of the code issues so the applicant can resolve all matters at one time.
Principal Planner Schmitz responded that Councilmember Salas' understanding was correct.
Councilmember Davis stated that according to the City's current ordinance, the size of the unit
would be limited to 650 square feet; however, at a previous meeting, the Council discussed
whether that square footage was large enough and directed staff to come back with
recommendations at a future date. Principal Planner Schmitz responded that staff was waiting to
see the outcome of this issue prior to bringing back proposed ordinance amendments.
Daniel Contreras, applicant, presentexl the site plan, building areas, existing floor plan, proposed
floor plan, exterior elevations, an aerial view, and photographs of nearby properties with similar
lot coverages. He added that the proposed project would only occupy 33 percent of the lot, while
40 percent coverage would be permissible.
Councilmember McCann pointed out that the request for a 906 square-foot accessory unit was
denied twice by the Planning Commission and asked why it was so important to the applicant to
obtain an additional 206 square feet. Mr. Contreras replied that he had been working with the
Planning Department for almost two years on an assumed 900 square-foot project. He believed
that his request for 900 square feet was a fair compromise between the City's offer of 700 square
feet and state guidelines that allow 1,200 square feet.
Deputy Mayor Rindone commented that the applicant is proposing to add 498 square feet to an
existing 812 square-foot workshop, which would exceed the size for a detached unit. Deputy
City Attorney Hull clarified that the square footage includes the 400+ square-foot garage, which
state guidelines does not included as part of the dwelling unit. Deputy Mayor Rindone asked if
an analysis of the size of the proposed unit in relationship to the rest of the neighborhood had
been part of staff's consideration.. Principal Planner Schmitz replied that it was part of staff's
evaluation and also the Planning Commission's determination as a result of testimony by
neighbors at a public hearing.
Mayor Padilla asked staff to clarify that the proposed square footage was in compliance with
state guidelines, which were the only guidelines in place at the time of the application. Deputy
City Attorney Hull responded affirmatively.
Tom Tomlinson, representing the applicant, stated that for a year and a half, Mr. Contreras has
worked with staff and created plans based on 900 square feet. Mr. Contreras was never told to
change the square footage to 700 square feet. He stated that the statute is mandatory, and the law
must be followed.
Page 11 - Council Minutes 09/16/03
PUBLIC HEARINGS (Continued)
Pandra Boyle, representing neighbors, opposed the conditional use permit and asked the Council
to support the Planning Commission's decision and deny the applicant's appeal. She also asked
that the applicant be required to comply with current law to prevent the over-development of the
area and to stop older neighborhoods from being overran with parked vehicles and multiple
buildings. She stated that if the applicant's primary purpose was to provide room for an onsite
caretaker, the 700 square-foot building approved by the Planning Commission would be
adequate. She also expressed concern about parking issues and mentioned that the applicant's
brother stated that he is unwilling to share the cost of a new fence, since they do not plan on
living on the property for more than two years. This leads nearby residents to believe that the
proposed larger unit would be used either as a rental or to give the property a higher resale value.
In addition, Ms. Boyle reported that Mr. Contreras did not purchase the property in its current
condition, as claimed.
With no further members of the public wishing to speak, Mayor Padilla closed the public
hearing.
Deputy Mayor Rindone asked if the 906 square-foot request would be out of compliance with
parking requirements. Deputy City Attorney Hull responded that state code permits one parking
space, and the proposed unit is subject to state guidelines, since the City's new ordinance was not
in place when this application was brought forward.
Councilmember Salas stated that the project shows three parking spaces, two for the existing
house and one for the accessory unit. Principal Planner Schmitz replied that the lot was
originally developed with a two-car garage for the house; there would then be one additional
outside space for the proposed unit.
Mayor Padilla stated that he could find no evidence in reading the record on this case that the
application failed to meet state guidelines. The proposed use can be argued as necessary or
desirable, since it is located in an applicable zoning area; it complies with state standards; it
provides an additional housing unit, which is needed due to the housing crisis; it is going to
provide, according to the testimony, a place for a care provider; and it could also be argued to be
for the general welfare of the community. Mayor Padilla stated that the City is bound to follow
the law, and his reading of the law and the facts indicate that the interpretation of the Planning
Commission was in error, the conditions have been met, and the City is obliged to issue the
permit.
Councilmember Salas agreed, stating that she had visited the site and believed that the proposed
structure would not visually impact the neighborhood, since it would not be seen from the street,
and would not be incompatible with existing structures in the neighborhood.
Councilmember McCann disagre.~l with the comments of Mayor Padilla and Councilmember
Salas, citing the many code violations on the property that have not yet been brought into
compliance and, thus, violated the health, safety, and general welfare of the neighboring public.
He also thought that the parking was inadequate, creating a safety issue and incompatibility with
the neighborhood.
Page 12 - Council Minutes 09/16/03
PUBLIC HEARINGS (Continued)
Councilmember Davis supported the comments of Mayor Padilla and Councilmember Salas.
She also stated that both she and Deputy Mayor Rindone had requested that staff review the
feasibility of increasing the City's allowable square-footage for a second dwelling and return to
the Council with their findings.
Deputy Mayor Rindone concurred with Mayor Padilla's comments with regard to the application
of state regulations to this particular project.
ACTION: Mayor Padilla then moved to adopt Resolution No. 2003-410, as amended to
grant the appeal, to overturn the Planning Commission action, to amend any and
all appropriate language in the resolution to make it consistent with the original
application with regard to size of the unit (specifically, approving 906 square feet)
based upon the findings made by the Council at this meeting:
RESOLUTION NO. 2003-410, RESOLUTION OF THE CITY COUNCIL OF
THE CITY COUNCIL OF THE CITY OF CHULA VISTA GRANTING THE
APPEAL AND APPROVING CONDITIONAL USE PERMIT, PCC-02-13,
CONTRERAS, FOR A PROPOSED 906 SQUARE FOOT ACCESSORY
SECOND DWELLING UNIT AT 736 CHURCH STREET.
Councilmember Davis seconded the motion, and it carried 4-1, with
Councilmember McCann voting no.
24. CONSIDERATION OF PCM-03-38, DRAFT GREENBELT MASTER PLAN FOR
THE FORMULATION OF A 28-MILE OPEN SPACE AND TRAILS SYSTEM
SURROUNDING THE C1TY (Continued from August 26, 2003)
The proposed Greenbelt Master Plan consists of a plan for the formulation of an open
space and trails system encircling the city. This plan is intended to implement the
Greenbelt concept identified in the adopted General Plan and join together a variety of
open space programs through a 28-mile connected trail system that links existing and
proposed parks, golf courses and other activity centers around the perimeter of the city.
(Acting Director of Planning & Building)
Notice of the hearing 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.
Principal Planner Bazzel introduced Peggy Gentry, project consultant and primary author of the
plan. He then presented the greenbelt conceptual plan, goals, design and design criteria, issues,
collaborations; and next steps in the process.
John Willett, Chair of the Otay Valley Regional Park Citizens Advisory Committee, stated that
the committee concurs with the proposed greenbelt plan. He stated that the park would
encompass 52 percent of the City's greenbelt, and 75 percent of the property is owned by three
cities.
Page 13 - Council Minutes 09/16/03
PUBLIC HEARINGS (Continued)
Dwayne Severn, representing Bonita Valley Horsemen, stated that 30 miles of horse trails
currently exist in Bonita and used to ride from Sweetwater Reservoir to Otay Lakes, but could
not see how he could do it anymore. He asked whether the greenbelt would include horse trails,
since he did not want to see them excluded from the plan. He also expressed concern regarding
the Salt Creek corridor.
Peter Warty, representing Crossroads II, and also speaking on behalf of former Mayor Hyde,
expressed pleasure with the proposed plan and staff's recommendations. He suggested that the
greenbelt be assigned to a City commission and also recommended the formation of a citizens
advisory committee to complete the loop. He then encouraged the Council to adopt the
resolution, adding that the proposed plan would embrace both east and west Chula Vista.
There being no further members of the public wishing to speak, Mayor Padilla closed the public
hearing.
ACTION: Deputy Mayor Rindone moved to direct staff to prepare a Greenbelt
Implementation Plan that identifies staffing responsibilities for management of
the greenbelt, sets implementation priorities, and addresses budget
recommendations; and also offered Resolution No. 2003-406, heading read, texts
waived:
RESOLUTION NO. 2003-406, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA APPROVING THE GREENBELT MASTER
PLAN (PCM-03-38) FOR THE FORMULATION OF A 28-MILE OPEN SPACE
AND TRAILS SYSTEM SURROUNDING THE CITY
The motion carried 5-0.
25. CONSIDERATION OF AN AMENDMENT TO THE FEE RECOVERY DISTRICT
FOR OTAY VALLEY ROAD, RELATED TO ASSESSMENT DISTRICT NO. 90-2,
TO MODIFY THE METHOD FOR DETERMINING THE FEES COLLECTED
In 1993, the Council established a fee recovery district for Otay Valley Road to collect
fees from properties that benefited from the improvements financed by Assessment
District No. 90-2. The fee recovery district is a financing mechanism to address the
potential inequity in assessments should a property develop to more impactive land uses,
such as commercial, than the land uses used to determine the assessments in Assessment
District No. 90-2. The fees collected may be used to offset the costs to those properties
participating in the assessment district and for minor administrative costs. (Director of
Engineering)
Notice of the hearing 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.
Page 14 - Council Minutes 09/16/03
PUBLIC HEARINGS (Continued)
Deputy Director of Engineering Al-agha explained the Otay Valley Road widening project; fee
recovery district; original fee calculation; proposed modifications; use of recovery district fees;
and the fiscal impact.
At 9:16 p.m. Mayor Padilla left the dais.
With no members of the public wishing to speak, Deputy Mayor Rindone closed the public
hearing.
ACTION: Councilmember Davis offered Resolution No. 2003-407, heading read, text
waived:
RESOLUTION NO. 2003-407, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA AMENDING THE FEE RECOVERY
DISTRICT FOR OTAY VALLEY ROAD, RELATED TO ASSESSMENT
DISTRICT NO. 90-2, TO MODIFY THE METHOD FOR DETERMINING THE
FEES COLLECTED
The motion carried 4-0-1, with Mayor Padilla absent from the dais.
Mayor Padilla returned to the dais at 9:17 p.m.
ACTION ITEMS
17 A. RESOLUTION NO. 2003-408, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE FORM OF AN
ACQUISITION/FINANCING AGREEMENT PERTAINING TO COMMUNITY
FACILITIES DISTRICT NO. 08-I (OTAY RANCH VILLAGE SIX)
B. RESOLUTION NO. 2003-409, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACTING IN ITS CAPACITY AS THE LEGISLATIVE
BODY OF COMMUNITY FACILITIES DISTRICT NO. 08-I (OTAY RANCH
VILLAGE SIX), AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF
SPECIAL TAX BONDS OF THE DISTRICT, APPROVING THE FORM OF BOND
INDENTURE, BOND PURCHASE CONTRACT AND OTHER DOCUMENTS, AND
AUTHORIZING CERTAIN ACTIONS IN CONNECTION WITH THE ISSUANCE OF
SUCH BONDS
On January 14, 2003 the Council held the public hearing forming and establishing
Community Facilities District (CFD) No. 08-I. The district was formed for the purpose
of providing for the financing and acquisition of certain authorized public facilities. On
January 28, 2003, the Council heard the election results, which declared that 100% of the
votes cast were in favor of the authorization to issue bonds for CFD 08-I. The first
reading of the ordinance to authorize the levy of a special tax was also heard at that time.
(Director of Engineering)
ACTION: Councilmember Davis offered Resolution Nos. 2003-408 and 2003-409, headings
read, texts waived. The motion canied 5-0.
Page 15 - Council Minutes 09/16/03
OTHER BUSINESS
26. CITY MANAGER'S REPORTS
There were none.
27. MAYOR'S REPORTS
A. Consideration of acceptance of the Veterans Advisory Commission's
recommendation to name Joe Casillas as the 2003 Veteran of the Year.
This item was considered at the beginning of the meeting, under Special Orders of the Day.
B. Ratification of appointment of Stephen Zasueta to the Housing Advisory
Commission (Ex-officio member).
ACTION: Mayor Padilla moved to ratify the appointment of Stephen Zasueta to the Housing
Advisory Commission. Councilmember Davis seconded the motion, and it
carried 5-0.
C. Appointment of Council representatives to the ad hoc task force on school
overcrowding issues.
ACTION: Councilmember Davis moved to appoint Mayor Padilla and Councilmember
McCann as representatives to the ad hoc task force on school overcrowding
issues. Councilmember McCann seconded the motion, and it carried 5-0.
D. Discussion and Council direction regarding membership in Heartland
Communications Facility Authority (HCFA) and policy options.
Mayor Padilla requested that this item be continued to September 30, 2003.
28. COUNCIL COMMENTS
· Councilmember Salas:
A. Ratification of appointment of Rosa Robles to the Mobilehome Rent
Review Commission.
ACTION: Councilmember Salas moved to ratify the appointment of Rosa Robles to the
Mobilehome Rent Review Commission. Mayor Padilla seconded the motion, and
it carried 5-0.
B. Status report on Council referral regarding "Adopt a Street Program".
Councilmember Salas stated that several years ago, an idea was brought before the Council to
allow businesses to adopt a street and then maintain it. Representatives of the Community
Health Group have noticed that streets surrounding their property are not being kept up, and they
have subsequently approached the City with the idea that they would be willing to provide
regular landscape maintenance and trash pick-up to replicate something similar to the proposed
adopt-a-street program. She asked Public Works Director Byers for a status report on the
proposed program.
Page 16 - Council Minutes 09/16/03
COUNCIL COMMENTS (Continued)
C. Status report regarding the purchase of trees for Gayle McCandliss Park
from donations made by the public for that purpose.
Councilmember Salas stated that a citizen has inquired as to whether or not the City is in the
process of purchasing trees to plant in the Gayle McCandliss Park. She asked staff for a progress
report.
D. Report regarding continuation of program in Memorial Park for the
placement of plaques in Memorial Park in memory of family members of
Chula Vista residents.
Councilmember Salas stated that a constituent informed her of a program whereby residents
could place plaques on trees in Memorial Park in memory of deceased loved ones. The
constituent recently contacted the City's Parks and Recreation Depathnent to see whether he
could place a plaque on one of the trees in memory of his father but was informed that the
program no longer exists. Councilmember Salas asked staff to research whether or not the
program still exists.
CLOSED SESSION
29. 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
Agency negotiators: David Rowlands, Jr., Sid Morris, 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.
30. CONFERENCE WITH REAL PROPERTY NEGOTIATOR PURSUANT TO
GOVERNMENT CODE SECTION 54956.8
Property: The Chula Vista Municipal Golf Course on Bonita Road and
adjacent acreage owned by the City.
Agency Negotiator: Sid Morris
Negotiating Parties: City of Chula Vista (Sid Morris), American Golf Corporation
(Brian Jackson).
Under Negotiation: Price, terms, and disposition of lease.
This item was not discussed.
Page 17 - CouncflMinutes 09/16/03
CLOSED SESSION (Continued)
31. CONFERENCE WITH LEGAL COUNSEL REGARDING INITIATION OF
LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(c)
· Three cases
This item was not discussed.
32. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE
TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9Co)
· One case
This item was not discussed.
33. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION
PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a)
· Application of SDG&E for Authority to Update its Gas and Electric Revenue
Requirement and Base Rates (Doc. No. A-02-12-028)
No action was taken on this item.
The following items were not discussed:
· City of Chula Vista v. C & S Doctor, Inc. (SDSC No. GIC 787174)
· C & S Doctor, Inc. v. City of Chula Vista (SDSC No. GIC 803780)
· Grippi v. City of Chula Vista (SDSC No. GIC 801393)
· Weft v. City of Chula Vista (USDC No. 03 CV 1156K)
ADJOURNMENT
At 10:15 p.m., Mayor Padilla adjourned the meeting to an Adjourned Regular Meeting on
September 30, 2003, at 6:00 p.m. in the Council Chambers, and noted that the September 23
meeting had been cancelled.
Susan Bigelow, CMC, City Clerk
Page 18 - Council Minutes 09/16/03