HomeMy WebLinkAboutcc min 2004/10/12
MINUTES OF A REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF CHULA VISTA
October 12, 2004 5:30 P.M.
A Regular Meeting of the City Council of the City of Chula Vista was called to order at 5:39
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
· RECOGNITION BY DAN BEINTEMA, NATURE CENTER DIRECTOR, OF THE
EXTRAORDINARY EFFORTS OF THE CHULA VISTA NATURE CENTER BIRD
CREW, AND CELEBRATION OF THE RELEASE OF THE ONE-HUNDREDTH
CRITICALLY-ENDANGERED, LIGHT -FOOTED CLAPPER RAIL INTO THE WILD
Nature Center Director Beintema introduced the principal coordinators of the program. Mayor
Padilla then read the proclamation, and Deputy Mayor Salas presented it to Mr. Beintema.
· PRESENTATION BY MAYOR PADILLA OF A PROCLAMATION TO BOB
MCGLADE, VICE-CHAIR OF THE CULTURAL ARTS COMMISSION,
DECLARING OCTOBER AS NATIONAL ARTS AND HUMANITIES MONTH
Commissioner McGIade thanked the Council and City staff for their support. Mayor Padilla read
the proclamation, and Deputy Mayor Salas presented it to Mr. McGIade.
· INTRODUCTION AND RECOGNITION BY FIRE CHIEF PERRY OF LINDA
D'ORSI, K-9 HANDLER, AND OF CODY FOR RECEIVING CERTIFICATION AS A
SEARCH AND RESCUE DOG
Fire Chief Perry introduced Fire Engineer Linda D'Orsi, who talked about her accomplishments
with search and rescue dog Cody in receiving their search and rescue certification.
CONSENT CALENDAR
(Items 1 through 5)
l. APPROVAL OF MINUTES of September 9, 2004.
Staff recommendation: Council approve the minutes.
Page 1 - Council Minutes October 12, 2004
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CONSENT CALENDAR (Continued)
2. RESOLUTION NO. 2004-323, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ORDERING THE SUMMARY VACATION OF PUBLIC
DRAINAGE EASEMENTS WITHIN ASSESSORS PARCEL NO. 595-232-26-00 AT
955 LANE AVENUE
A request was received to vacate public drainage easements within the property located at
955 Lane Avenue, owned by Otay Lakes Partners, LLC. In accordance with Chapter 4,
Section 8330 of the State Streets and Highways Code, this type of vacation may be
performed summarily through adoption of a resolution ordering said summary vacation.
(Director of General Services, City Engineer)
Staff recommendation: Council adopt the resolution.
3A. RESOLUTION NO. 2004-324, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2004/2005 PUBLIC
WORKS OPERATIONS BUDGET BY APPROPRIATING $82,990 FROM THE
AVAILABLE BALANCE OF THE SEWER FACILITIES REPLACEMENT FUND
FOR THE REMAINDER OF THE CURRENT FISCAL YEAR AND APPROVING
ADDITIONAL STAFF FOR THE WASTEWATER MAINTENANCE SECTION OF
PUBLIC WORKS OPERATIONS
B. RESOLUTION NO. 2004-325, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2004/2005 BUDGET BY
APPROPRIATING $232,442 FROM THE AVAILABLE BALANCE OF THE SEWER
FACILITIES REPLACEMENT FUND FOR EQUIPMENT COSTS FOR PUBLIC
WORKS OPERATIONS
PBS&J was hired to prepare an update to the City's Wastewater Master Plan, a
component of the City's on-going General Plan Update. Part of their initial findings was
that 200,000 linear feet of video inspections should be conducted annually in order to
determine the condition of the sewer system. Consequently, Public Works Operations is
requesting a two-person crew and TV van to specifically video all the City's wastewater
lines. (Continued from October 5, 2004.) (Director of Public Works Operations)
Staff recommendation: Council adopt the resolutions.
4A. RESOLUTION NO. 2004-326, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING A BUDGET TRANSFER IN THE AMOUNT
. OF $48,000 FROM THE AMERICANS WITH DISABILITIES ACT (ADA) CURB
CUTS - FISCAL YEAR 2004/2005 PROJECT (STL-297) TO THE ADA CURB CUTS
PROGRAM - FISCAL YEAR 2003/2004 PROJECT (STL-292), FOR
UNANTICIPATED CHANGE IN SCOPE OF WORK AND STAFF TIME EXPENSES
INCURRED PRIOR TO AND DURING CONSTRUCTION OF THE PROJECT
B. RESOLUTION NO. 2004-327, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING CHANGE ORDER NO.1 FOR THE
AMERICANS WITH DISABILITIES ACT (ADA) CURB CUTS PROGRAM, FISCAL
YEAR 2003/2004 IN VARIOUS LOCATIONS IN THE CITY OF CHULA VISTA
(PROJECT STL-292), AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS
OPERATIONS TO EXECUTE SAID CHANGE ORDER ON BEHALF OF THE CITY
.
Page 2 - Council Minutes October 12, 2004
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CONSENT CALENDAR (Continued)
Adoption of the resolutions approves additional construction required for the Americans
with Disabilities Act (ADA) Curb Cuts Program to comply with new standards for
pedestrian ramps and bus stop area bench pads in various locations of the City. The
proposed resolutions also allow for the transfer of funds for unanticipated changes in
scope of work, and approve change order no. 1 for the project. (Continued from October
5,2004) (Director of General Services, Director of Public Works Operations)
Staff recommendation: Council adopt the resolutions.
5. RESOLUTION NO. 2004-328, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2004/2005 WORKERS'
COMPENSATION BUDGET TO COVER CLAIMS COSTS, AND APPROPRIATING
$799,762 THEREFOR
The City's Excess Workers Compensation Policy is a reimbursement policy, meaning that
the City must front costs prior to receiving funds from the carrier. In order to meet this
requirement this budget amendment and appropriation of funds is required. (Director of
Human Resources)
Staff recommendation: Council adopt the resolution.
ACTION: Councilmember Rindone moved to approve staff s recommendations and offered
the Consent Calendar, headings read, texts waived. The motion carried 5-0.
ORAL COMMUNICATIONS
Michael Eden, representing Visually Impaired People's Services, invited all to attend the White
Cane Safety Day events on October 15, 2004, from 9:00 a.m. to noon, at the Chula Vista
Department of Motor Vehicles. The event is an effort to educate the community on visually
impaired members of the public. Mayor Padilla stated that a proclamation recognizing White
Can Safety Day would be scheduled on the agenda for the October 19th meeting.
Item No.8 was taken out of order and discussed prior to the Public Hearings.
ACTION ITEMS
8. CONSIDERATION OF ADOPTION OF A RESOLUTION APPROVING IN
CONCEPT A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND
SAN DIEGO GAS AND ELECTRIC REGARDING PROPOSED TERMS FOR THE
GAS AND ELECTRIC FRANCmSES
In 1972 the City granted an electric franchise to San Diego Gas and Electric (SDG&E),
which was extended in 1998 and expired in June 2003. Under the terms of the proposed
Memorandum of Understanding, SDG&E will continue to deliver electricity and natural
gas to the residents and businesses of Chula Vista. (City Manager)
Page 3 - Council Minutes October 12, 2004
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ACTION ITEMS (Continued)
Mayor Padilla presented a policy statement and addressed policy implications, bayfront
undergrounding and switchyard removal, the preservation of City options, and proposed terms of
the agreement. He stated that it is appropriate for the City to work to achieve the best possible
franchise with SDG&E, regardless of options the City mayor may not choose to pursue in the
future. He also expressed the importance for the City to remain a municipal utility by
declaration, retain its rights to pursue those options in the future, remain a community choice
aggregator, continue to engage in the public policy debate at the state level about the kinds of
regulations that should govern that program, and retain the ability to engage in any other future
options. He stated that the proposed agreement allows the City to maintain its options and
provides nearly $120 million in benefits to the City over the initial term, as well as one of the
highest franchise fees and highest allocation of undergrounding monies in the service territory.
Also included in the agreement is the commitment to develop a portfolio valued at $10 million in
public purpose funds for programs that benefit City residences and businesses, and a number of
other assorted benefits in the areas of parks, cooperative agreements, and an exclusive right to
issue industrial development bonds for SDG&E itself. He expressed optimism about the ability
of the City and SDG&E to work on areas of mutual concern for the benefit of the region and the
City.
City Attorney Moore explained the terms of the memorandum of understanding (MOU) with
regard to the bayfront undergrounding.
Director of Conservation and Energy Services Meacham discussed the preservation of City
options, adding that Community Choice Aggregation (CCA) is still in the rule-making process,
and the City continues to be engaged in pursuing the option.
Councilmember Rindone left the meeting at this point, 6:07 p.m.
City Attorney Moore stated that the MOU would be for the same term as the gas and electric
franchise, which, if approved by the Council, would be for an initial term of 10 years, with an
automatic extension of 20 years if SDG&E has materially satisfied all its obligations.
City Manager Rowlands detailed the financial benefits of the proposed agreement. Director
Meacham explained additional areas of benefit, such as west-side park development and the
. beautification of substations; ahd added that the public purpose funding represents opportunities
to make Chula Vista even more of a leader in energy conservation and renewables over the next
five years.
Councilmember McCann asked if the agreement would impede the City from becoming a CCA.
Director Meacham responded in the negative, stating that the City continues to coordinate its
efforts with other cities in the state that are also pursuing CCA. Councilmember McCann asked
if the City would still have the ability to look at ways to provide power at a cheaper rate to
businesses. Director Meacham responded that until the CCA rules are in place, the City has the
ability to purchase power for some City buildings that were previously established under direct
. access. He was hopeful that in working with other agencies in the state and with SDG&E, an
agreement would be reached on the CCA rules and the City would be able to purchase power and
deliver it to any business or residence in the City.
Page 4 - Council Minutes October 12,2004
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ACTION ITEMS
Albert Huang, representing the Environmental Health Coalition, spoke in support of the
proposed undergrounding and relocation of the switchyard, which he believed would enhance the
quality of the bayfront. He suggested that the path of the transmission lines should be set further
back towards Bay Boulevard to maximize bayfront options, and he encouraged the removal of
the power plant from the bayfront. He also encouraged the City to continue its regional
leadership with regard to renewable energy and to eliminate the need for a future power plant.
Bill Hall, Chair of the San Diego Unified Port District, thanked the Council, City Manager
Rowlands, City Attorney Moore, and SDG&E management on a monumental agreement, which
he believed might prove to be the most significant act of the current Council administration as far
as consequence to the citizens of Chula Vista and perhaps to the region. He stated that the
undergrounding portion of the project would be tremendously consequential to the City. He
added that other values would include unobstructed flyways, the change and appearance of the
bayfront that will attract developers, and the value, security, and health of children who will be
utilizing the parks in the area.
Buz Schott, Regional Vice President for SDG&E, spoke in support of the MOU and thanked
Mayor Padilla for his support and commitment on an agreement that he believed would have
numerous benefits to all parties.
Frank Urtasun, Regional Public Affairs Manager for SDG&E, stated that the MOU is a great
deal for both parties and a victory for all.
Councilmember Davis stated that the proposed agreement is a good financial package for the
City. She added that the citizens deserve undergrounding of the utility lines, which will also be a
great value to the bayfront. She thanked fellow Councilmembers for working as a team
throughout the negotiations and upon reaching an agreement between the parties.
Councilmember McCann stated that the proposed agreement is a big win for the citizens of
Chula Vista, and that the undergrounding will be a huge benefit to the City, providing value,
equity, and a good image. He suggested that the substation located adjacent to the Otay
Recreation Center be considered first for beautification. He added that the agreement was
accomplished without tax or surcharge increases.
Mayor Padilla announced that Councilmember Rindone wished to convey, in his absence, that he
would be registering an aye vote on the item, and wished to express his support in moving
forward with the MOU.
ACTION: Mayor Padilla then offered Resolution No. 2004-333, heading read, text waived:
RESOLUTION NO. 2004-333, RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CHULA VISTA APPROVING IN
CONCEPT A MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF CHULA VISTA AND SAN DIEGO GAS AND
ELECTRIC REGARDING PROPOSED TERMS FOR THE GAS AND
ELECTRIC FRANCHISES
The motion carried 5-0.
Page 5 - Council Minutes October 12, 2004
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PUBLIC HEARINGS
6. CONSIDERATION OF ADOPTION OF AN URGENCY ORDINANCE MODIFYING
THE EXISTING SALT CREEK SEWER BASIN DEVELOPMENT IMP ACT FEE
AND AMENDING ORDINANCE NO. 2617
Adoption of the urgency ordinance modifies the existing Salt Creek sewer basin
development impact fee and amends Ordinance No. 2617. This urgency ordinance
enables the City to continue to collect the new fee during the 60-day waiting period
before the regular ordinance becomes effective. (Director of General Services, City
Engineer)
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. With no members of the public wishing to speak,
Mayor Padilla closed the public hearing.
ACTION: Deputy Mayor Salas offered Urgency Ordinance No. 2974-C, heading read, text
waived:
URGENCY ORDINANCE NO. 2974-C, URGENCY ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING
THE SALT CREEK SEWER BASIN DEVELOPMENT IMPACT FEE
TO PAY FOR SEWER IMPROVEMENTS WITHIN THE SALT CREEK
SEWER BASIN AS A CONDITION OF ISSUANCE OF BUILDING
PERMITS AND AMENDING ORDINANCE NO. 2617
The motion carried 4-0, with Councilmember Rindone absent.
7. CONSIDERATION OF CERTIFICATION OF THE FINAL SECOND TIER
ENVIRONMENTAL IMPACT REPORT, PLANNED COMMUNITY DISTRICT
. REGULATIONS, SECTIONAL PLANNING AREA PLAN (PCM 04-05), AND
TENTATIVE MAPS FOR OT A Y RANCH VILLAGE SEVEN
Adoption of the resolutions and ordinance approves the sectional planning area plan,
tentative maps, and supporting regulatory documents, for Otay Ranch Village 7, located
between the future extension of La Media Road and the alignment of SR-125, south of
Birch Road. In accordance with the requirements of the California Environmental
Quality Act, a second tier environmental impact report was prepared to analyze the
environmental impacts of the proposed sectional planning area plan and tentative maps.
(Director of Planning and 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.
Planning and Building Director Sandoval explained the process undertaken in relation to the
project.
Page 6 - Council Minutes October 12, 2004
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PUBLIC HEARINGS (Continued)
Special Planning Projects Manager Hare presented the key features, issues and work program
objectives associated with the item. Marni Borg, Environmental Projects Manager, presented the
environmental review for the project.
Councilmember McCann noted the need to make certain that high school 13 is built in a timely
manner. Mr. Hare responded that site preparation and development of infrastructure rests largely
in the hands of the developer and the school district. A large component of the City's task has
been to deliver the entitlements on time and continue to process and issue the grading plans.
Todd Galarneau, representing McMillin Companies, commended City stafffor their work on the
project, which he believed was a model for public/private partnership. He stated that although
significant amount of work remains to be done for the high school construction, McMillin looks
forward to continued cooperation with the City in order to deliver the project on time.
Kent Aden, representing the Otay Ranch Company, spoke in support of staffs recommendations
and commended City staff on the entitlement process. He expressed concern that the permit
monitoring agreement previously entered into with the City did not anticipate the project corning
on line so soon, and he expressed the need to work cooperatively to seek ways to implement the
proj ect.
Kathy Tanner, representing Sweetwater Union High School District, stated that approval of the
various documents is a significant milestone in the process by the City, and the school district is
appreciative of the timely efforts brought forth by all parties involved. She reported that grading
is planned to commence November 1 s', with opening of the first phase of the school in July 2006.
Ms. Tanner stated that she would like to continue working with the City to review the schedule
to implement all the infrastructure within the projected timeframe.
With no further members of the public wishing to speak, Mayor Padilla closed the public
hearing.
ACTION: Deputy Mayor Salas offered the ordinance for first reading and Resolution Nos.
2004-329,2004-330,2004-331, and 2004-332 for adoption, headings read, texts
waived, with Resolution 2004-332 amended to add the following condition: "The
Applicant, concurrent with the grading and improvement of Santa Luna Street,
shall design, grade and implement the construction of a 10' wide regional trail
along Santa Luna Street in conformance with the Trails Plan in the Village Seven
SPA Plan as approved by the City to the satisfaction of the Director of General
Services. "
RESOLUTION NO. 2004-329, RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CHULA VISTA CERTIFYING THE
FINAL SECOND TIER ENVIRONMENTAL IMPACT REPORT (EIR
04-06) FOR THE VILLAGE SEVEN SECTIONAL PLANNING AREA
(SPA) PLAN AND TENTATIVE MAPS; MAKING CERTAIN
FINDINGS OF FACT; ADOPTING A STATEMENT OF OVERRIDING
CONSIDERATIONS; AND ADOPTING A MITIGATION
MONITORING AND REPORTING PROGRAM PURSUANT TO THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT
Page 7 - Council Minutes October 12, 2004
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PUBLIC HEARINGS (Continued)
RESOLUTION NO. 2004-330, RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CHULA VISTA APPROVING OTAY
RANCH VILLAGE SEVEN SECTIONAL PLANNING AREA (SPA)
PLAN (PCM 04-05) WEST OF THE FUTURE SR-125, SOUTH OF
BIRCH ROAD, EAST OF LA MEDIA ROAD, AND NORTH OF ROCK
MOUNTAIN ROAD
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING THE SECTIONAL PLANNING AREA (SPA)
PLANNED COMMUNITY DISTRICT REGULATIONS FOR OTA Y
RANCH, VILLAGE SEVEN (FIRST READING)
RESOLUTION NO. 2004-331, RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CHULA VISTA APPROVING A
TENTATIVE SUBDIVISION MAP FOR A PORTION OF THE OTAY
RANCH, VILLAGE SEVEN SECTIONAL PLANNING AREA (SPA)
PLAN- MCMILLIN OTAY RANCH LLC, CHULA VISTA TRACT
05-07
RESOLUTION NO. 2004-332, RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CHULA VISTA APPROVING A
TENTATIVE SUBDIVISION MAP FOR A PORTION OF THE OTAY
RANCH, VILLAGE SEVEN SECTIONAL PLANNING AREA (SPA)
PLAN- OT A Y PROJECT L.P., CHULA VISTA TRACT 05-09
The motion carried 4-0, with Councilmember Rindone absent.
, OTHER BUSINESS
9. CITY MANAGER'S REPORTS
There were none.
10. MAYOR'S REPORTS
There were none.
1l. COUNCIL COMMENTS
.
Councilmember Davis congratulated Firefighter Mark McDonald and his wife Allison, who were
married this past Sunday.
Councilmember McCann reported on the recent Police Department's Senior Patrol dinner, and
he thanked the senior volunteers for their dedication to the City. He also attended the University
reception and congratulated the Council on progress being made to make the university center a
reality .
. Page 8 - Council Minutes October 12,2004
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CLOSED SESSION
Closed Session was cancelled, and the following item was not discussed:
12. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION
PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a)
. ARB v Eastlake (SDSC #GIS15582)
ADJOURNMENT
At 7:52 p.m., Mayor Padilla adjourned the meeting to the Regular Meeting of October 19,2004,
at 6:00 p.m. in the Council Chambers.
....~w~í~
Susan Bigelow, MMC, CIty Clerk
Page 9 - Council Minutes October 12,2004
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