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Home My WebLink Aboutcc min 2000/01/11 MINUTES OF A REGULAR MEETiNG OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA January 11, 2000 6:00 p.m. A Regular Meeting of the Chula Vista City Council was called to order by Deputy Mayor Moot at 6:00 p.m. in the Council Chambers located in the Public Services Building, 276 Fourth Avenue, Chula Vista, California. On roll call, there were: PRESENT: Councilmembers Davis, Moot, Padilla, and Salas ABSENT: Mayor Horton PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY 1 A. Report on County Water Authority rate structuring by Otay Water District and Sweetwater Authority Deputy Mayor Moot noted that the report had been cancelled. B. Oath of Office: Growth Oversight Committee - Arthur M. Garcia City Clerk Bigelow administered the oath to Mr. Garcia, and Councilmember Padilla presented him with a certificate of appointment. CONSENT CALENDAR (Items 2 through 8) Deputy Mayor Moot noted that he would abstain from voting on Consent Items #3A and #4. 2. WRITTEN COMMUNICATIONS A. Letter from the City Attorney stating that to the best of his knowledge from observance of actions taken in Closed Session on January 4, 2000, there were no reportable actions which are required under the Brown Act to be reported. Staff recommendation: The letter be received and filed. 3 A. RESOLUTION NO. 2000-011, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA, McMILLiN OTAY RANCH, LLC AND NM HOMES TWO, iNC. (CO-APPLICANTS) AND MOONEY & ASSOCIATES (CONSULTANT) FOR CONSULTiNG SERVICES FOR PREPARATION AND SUBMITTAL OF CEQA- REQUIRED ENVIRONMENTAL DOCUMENTATION FOR AMENDMENTS TO THE OTAY RANCH GENERAL DEVELOPMENT PLAN (GDP) AND AUTHORIZiNG THE MAYOR TO SIGN SAID AGREEMENT CONSENT CALENDAR (Continued) B. RESOLUTION NO. 2000-012, RESOLUTION WAIVING THE CITY'S FORMAL BIDDING PROCESS, APPROVING AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA, NM HOMES TWO, INC. (APPLICANT), AND MOONEY & ASSOCIATES (CONSULTANT) FOR CONSULTING SERVICES FOR PREPARATION AND SUBMITTAL OF CEQA-REQUIRED ENVIRONMENTAL DOCUMENTATION FOR THE OTAY RANCH VILLAGE 11 AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT The California Environmental Quality Act (CEQA) requires the preparation of environmental documents in conjunction with Otay Ranch Village 11. Adoption of the first resolution approves the proposed contract with Mooney & Associates for $63,820 to provide environmental consulting services for Village 11. McMillin Otay Ranch, LLC and NM Homes Two, Inc. are currently processing amendments to the Otay Ranch GDP. The Environmental Review Coordinator has determined that environmental documentation must be prepared for the project. Adoption of the second resolution approves the proposed contract with Mooney & Associates for $115,681 for environmental consulting services. Staff recommendation: Council adopt the resolutions. (Director of Planning & Building) 4. RESOLUTION NO. 2000-013, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A GRANT OF EASEMENTS AND MAINTENANCE AGREEMENT BETWEEN McMILLIN OTAY RANCH LLC AND THE CITY FOR THE MAINTENANCE OF PUBLIC LANDSCAPING WITHIN A PORTION OF McMILLIN OTAY RANCH SPA ONE AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT Adoption of the resolution approves an agreement with McMillin setting forth the obligations of the developer and future homeowners association for maintaining certain public landscaping improvements within McMillin Otay Ranch SPA One, Subdivision Map Nos. 13605, 13680, 13681, 13705, 13706, and 13710. Staff recommendation: Council adopt the resolution. (Director of Public Works) 5. RESOLUTION NO. 2000-014, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE USE OF $5 MILLION IN TRANSPORTATION SALES TAX (TRANSNET) FUNDS FOR THE 1-805/OLYMPIC PARKWAY INTERCHANGE PROJECT IN PLACE OF $5 MILLION IN FEDERAL SURFACE TRANSPORTATION PROGRAM (STP) FUNDS, AND COMMITTING THE CITY TO THE COMPLETION OF THE 1-805/OLYMPIC PARKWAY INTERCHANGE PROJECT On December 9, 1999, the SANDAG Cities/County Transportation Advisory Committee approved the shifting of $5 million in STP funds from the 1-805/Olympic Parkway interchange project to the Fiscal Year 2000/2001 Pavement Rehabilitation Program, replacing it with TransNet funds. Adoption of the resolution commits the City to spend $5 million in TransNet funds on the interchange project during fiscal years 2000/2001, 2001/2002 and 2002/2003. Staff recommendation: Council adopt the resolution. (Director of Public Works) Page 2 - Council Minutes 1/11/2000 CONSENT CALENDAR (Continued) 6. RESOLUTION NO. 2000-015, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA REJECTING BIDS FOR "CONCRETE FREIGHT CROSSINGS FOR BAY BOULEVARD AND 'J' STREET (ST~961)" PROJECT 1N THE CITY OF CHULA VISTA, CA This project is part of the "Main Street, Industrial to Broadway" (ST-961) project. The reconstruction of the freight crossings was part of the agreement with MTDB to pay for the storm drain easement for the Main Street project within the MTDB right-of-way. The low bidder did not have the required experience and did not list any sub-contractors qualified to do the railroad track work. Staff recommendation: Council adopt the resolution rejecting bids and directing the Director of Public Works to re-advertise the work with modified specifications in order to attract more qualified bidders for the project. 7. RESOLUTION NO. 2000-016, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING COMPENSATION ADJUSTMENTS FOR CLASSIFICATIONS REPRESENTED BY CVEA AND WCE, AND FOR CLASSIFICATIONS INCLUDED 1N THE CATEGORIES OF EXECUTIVE, SENIOR AND MIDDLE MANAGEMENT, CONFIDENTIAL, AND UNCLASSIFIED HOURLY TO BE EFFECTIVE WITH THE PAY PERIOD BEGINNING DECEMBER 31, 1999 AND AMENDING THE FISCAL YEAR 1999/2000 BUDGET BY APPROPRIATING THE NECESSARY FUNDING THEREFOR (4/5THS VOTE REQUIRED) This item approves compensation adjustments and related funding for various classifications based on a market study of compensation levels for all management and non-safety employee classifications. Staff recommendation: Council adopt the resolution. (Director of Human Resources/ Deputy City Manager) 8. RESOLUTION NO. 2000-017, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING CHANGE ORDER NO. 4 FOR THE "I- 805/TELEGRAPH CANYON ROAD INTERCHANGE IMPROVEMENTS IN THE CITY OF CHULA VISTA, CA (STM-304)" AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO EXECUTE SAID CHANGE ORDER ON BEHALF OF THE CITY Change Order No. 4, totaling $16,694.54, consists of extra work items required for the construction of two drainage structures within the existing Telegraph Canyon Road median at Station 5 + 2-. This work is required because previous work performed by CalTrans was not adequately reflected in the "As-Built" CalTrans drawings for the existing substandard drainage structures used in the design of the project plans and specifications. Because the change order exceeds $10,000, it requires Council authorization. Staffrecommendation: Council adopt the resolution. (DirectorofPublic Works) ACTION: Deputy Mayor Moot moved to approve staff recommendations and offered the Consent Calendar, headings read, texts waived. The motion carried 4-0, except with regard to Items #3A and 4, which carried 3-0-1, with Deputy Mayor Moot abstaining. Page 3 - Council Minutes 1/11/2000 ]" T · ]l ' ORAL COMMUNICATIONS There were none. PUBLIC HEAR1NGS AND RELATED RESOLUTIONS AND ORDINANCES 9. CONSIDERATION OF MODIFICATION OF THE EXISTiNG TRANSPORTATION DEVELOPMENT IMPACT FEE ORDiNANCE NO. 2801-C, AN URGENCY ORDiNANCE OF THE CITY OF CHULA VISTA, CALIFORNIA AMENDiNG ORDiNANCE NO. 2251, RELATiNG TO DEVELOPMENT IMPACT FEE TO PAY FOR THE TRANSPORTATION FACILITIES IN THE CITY=S EASTERN TERRITORIES (4/5TH=S VOTE REQUIRED) On November 16, 1999, Council approved Urgency Ordinance No. 2801-A, amending the Transportation Development Impact Fee (TDIF) Ordinance, and Ordinance 2802, codifying the new Transportation Development Impact Fee. On December 15, 1999, Council approved Urgency Ordinance No., 2801-B. Adoption of proposed Urgency Ordinance 2801-C enables the City to continue to collect the fee during the 60-day waiting period before Ordinance 2802 becomes effective. 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. Deputy Mayor Moot opened the public heating and asked if anyone from the audience wished to speak; there was no response. Deputy Mayor Moot closed the hearing. ACTION: Deputy Mayor Moot offered Ordinance No. 2801-C, heading read, text waived. The motion carried 4-0. 10. CONSIDERATION OF THE FORMATION OF A REIMBURSEMENT DISTRICT FOR THE CONSTRUCTION OF THE SHIRLEY STREET SEWER RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROViNG THE ALLOCATION OF COSTS AND AUTHORIZiNG THE FORMATION OF A REIMBURSEMENT DISTRICT FOR THE SHIRLEY STREET SEWER Based on residents' requests, the City recently constructed a sewer line in Shirley Street, between North Second and Del Mar Avenue. Staff proposes that the City be repaid for the cost of constructing the sewer through a reimbursement district. On November 16, 1999, Council adopted Resolution No. 19657 initiating proceedings and setting the public hearing for this date. (Continued from December 7, 1999.) 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. Deputy Mayor Moot opened the public hearing and asked if anyone wished to speak; there was no response. ACTION; Councilmember Padilla moved to continue the heating to February 8, 2000. Councilmember Davis seconded the motion, and it carried 4-0. Page 4 - Council Minutes 1/11/2000 HEARINGS (Continued) 11. CONSIDERATION OF THE FORMATION OF UNDERGROUND UTILITY DISTRICT NO. 130 ALONG ORANGE AVENUE FROM FOURTH AVENUE TO PALOMAR STREET RESOLUTION NO. 2000-018, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHLrLA VISTA ESTABLISHING UNDERGROUND UTILITY DISTRICT NO. 130 ALONG ORANGE AVENUE FROM FOURTH AVENUE TO PALOMAR STREET AND AUTHORIZING THE EXPENDITURE OF UTILITY ALLOCATION FUNDS TO SUBSIDIZE PRIVATE SERVICE LATERAL CONVERSION On November 16, 1999, by Resolution No. 19654, the Council ordered a public hearing to be held on this date to determine whether the public health, safety or general welfare requires the formation of a utility underground district along Orange Avenue from Fourth Avenue to Palomar Street. The purpose of forming the district is to require the utility companies to underground all overhead lines and to remove all existing wooden utility poles within the proposed district. The proposed district is about 1,350 feet long and is estimated to cost approximately $440,000. SDG&E's allocation funds (Rules 20-A) will be used to cover the cost of the project, including reimbursements to affected property owners for their respective trenching costs. 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. Deputy Mayor Moot opened the public hearing and asked if anyone from the audience wished to speak. There was no response, and he closed the hearing. At the request of Councilmember Davis, Public Works Director Lippitt explained how the property owners would be reimbursed for trenching costs. ACTION: Councilmember Davis offered Resolution No. 2000-18, heading read, text waived. The motion carried 4-0. 12. CONSIDERATION OF THE ACQUISITION OF CERTAIN PROPERTY RIGHTS ON A PORTION OF LAND LOCATED WITHIN VILLAGE FIVE OF THE OTAY RANCH SPA ONE FOR THE CONSTRUCTION OF A PASEO AND PARK P-9 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA FINDING AND DECLARING PUBLIC INTEREST AND NECESSITY FOR ACQUIRING AND AUTHORIZING CONDEMNATION AND IMIVIEDIATE POSSESSION OF CERTAIN REAL PROPERTIES FOR FEE SIMPLE, AND PERMANENT AND TEMPORARY SLOPE AND DRAINAGE EASEMENT INTERESTS TO SATISFY OFF-SITE CONDITIONS FOR OTAY RANCH SPA ONE, CHULA VISTA TRACT 97-02 ("TM 97-02") FOR THE OTAY RANCH PASEO AND PARK PROJECT The purpose of the heating is to consider the approval of the resolution initiating eminent domain proceedings to acquire the fee simple of a portion of land that will accommodate portions of the Paseo and Park P-9 in Village Five of the Otay Ranch SPA One. The condemnation will also include the granting of temporary and permanent easements for slope and drainage purposes, which are necessary to construct said Paseo and park. (Continued from December 14, 1999.) Page 5 - Council Minutes 1/11/2000 ...... 1- , HEARINGS (Continued) Deputy Mayor Moot noted that the heating was continued from December 14, 1999, and he asked if anyone in the audience wished to speak; there was no response. ACTION; Councilmember Salas moved to continue the heating to January 25, 2000. Councilmember Padilia seconded the motion, and it carried 3-0-1, with Deputy Mayor Moot abstaining. OTHER BUSINESS 13. CITY MANAGER' S REPORTS City Manager Rowlands reminded the Council of the joint workshop on BRT proposals and DRC review, scheduled at 4:00 p.m. on Thursday, January 20, 2000. City Manager Rowlands also suggested that the City Council hold a workshop on Thursday, February 10, 2000 at 4:00 p.m. to discuss bonds for the Redevelopment Agency. 14. MAYOR'S REPORTS There were none. 15. COUNCIL COMMENTS There were none. At 6:26 p.m., Deputy Mayor Moot recessed the meeting to Closed Session. CLOSED SESSION 16. CONFERENCE WITH REAL PROPERTY NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 54956.8 Property: Approximately seven acres located on Bonita Road adjacent to the Chula Vista Municipal Golf Course Negotiating Parties: City of Chula Vista (Cluis Salomone/Sid Morris), The Phair Co., and American Golf Under Negotiation: Purchase price/lease rate and other terms and conditions for possible disposition of City-owned property This item was not discussed. 17. CONFERENCE WITH LABOR NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 54957.6 City Negotiator: City Manager Employee Organizations: Chula Vista Employees Association, Chula Vista Mid- Managers Association, Westem Council of Engineers, Chula Vista Police Officers Association, and Local 2180 Intemational Association of Fire Fighters AFL-CIO This item was not discussed. Page 6 - Council Minutes 1/11/2000 CLOSED SESSION (Continued) 18. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(B) One case Instructions were given to Counsel. ADJOLrRNMENT _At 7:00 p.m., Deputy Mayor Moot adjourned the meeting to the Regular Meeting of January 18, 2000, at 6:00 p.m. in the Council Chambers. Respectfully submitted, Susan Bigelow, CMC/AAE, City Clerk Page 7 - Council Minutes 1/11/2000