HomeMy WebLinkAboutcc min 2000/03/21 MINUTES OF A REGULAR MEETING OF THE CITY COUNCiL
OF THE CITY OF CHULA VISTA
MARCH 21, 2000 6:00 P.M.
A Regular Meeting of the Chula Vista City Council was called to order at 6:02 p.m. in the
Council Chambers, located in the Public Services, 276 Fourth Avenue, Chula Vista, California.
ROLL CALL:
PRESENT: Councilmembers Davis, Moot, Padilla, Salas, and Mayor Horton.
(Councilmember Padilia an'ived at 6:22 p.m.)
PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE
SPECIAL ORDERS OF THE DAY
· Oath of Office: Mobilehome Rent Review Commission - Robert Bliss
This item was continued to a future meeting.
CONSENT CALENDAR
(Items 1 through 11)
Councilmember Salas asked that Consent Calendar Item #9 be removed for separate
consideration.
1. 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 March 7, 2000, there were no
actions taken which are required under the Brown Act to be reported.
Staff recommendation: The letter be received and filed.
B. Letter of resignation from Walter Fisher, member of the Growth Management
Oversight Commission.
Staff recommendation: The resignation be accepted with regret and the City
Clerk be directed to post immediately according to Maddy Act regulations.
2. ORDINANCE NO. 2807, AN ORDINANCE OF THE CITY OF CHULA VISTA
REPLACING CHAPTER 2.02 OF THE CHULA VISTA MUNICIPAL CODE IN ITS
ENTIRETY RELATING TO CONFLICT OF INTEREST CODE (CONTINUED FROM
THE MEETING OF MARCH 7, 2000 SECOND READING AND ADOPTION)
The proposed Ordinance provides that persons required to file Conflict of Interest
Statements under the City's Conflict of Interest Code may be designated by Resolution
rather than by Ordinance. (City Clerk)
Staff recommendation: Council place the ordinance on second reading for adoption.
Page 1 -Council Minutes 03/21/2000
CONSENT CALENDAR (Continue&
3. RESOLUTION NO. 2000-084, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROV1NG THE APPLICATIONS FOR TIDELANDS
ACTIVITY PERMITS FROM THE SAN DIEGO UNIFIED PORT DISTRICT FOR
THE TASTE OF THE ARTS FESTiVAL, THE FOURTH OF JULY FIREWORKS
DISPLAY, AND THE SUMMER POPS CONCERT, AND AUTHORIZING THE
MAYOR TO EXECUTE SAME
The City is sponsoring three large, special events that will be conducted on Chula Vista's
bayfront within the next six months. As these events are being partially or completely
operated on property owned by the San Diego Unified Port District, the Port is requiring
the City to apply for Tidelands Activity Permits. (Deputy City Manager Palmer)
Staff recommendation: Council adopt the resolution.
4. RESOLUTION NO. 2000-085, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING SUBMITTAL OF A THREE-YEAR USED
OIL BLOCK GRANT APPLICATION IN THE AMOUNT OF $291,453 TO THE
CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD, OF WHICH
$97,151 WILL BE ADDED TO FISCAL YEAR 2000/2001 BUDGET UPON AWARD
The California Used Oil Enhancement Act requires the collection of four cents for every
quart of lubricating oil sold, transferred and imported into Califomia from oil
manufacturers. Chula Vista consumers pay four cents per quart into the fund when they
pumhase oil. The act mandates that the California Integrated Waste Management Board
use a portion of the funds to provide block grants to local governments for used oil
programs that encourage recycling. Block grants are distributed to jurisdictions based on
population, approximately $.32 per person for used oil and $.025 per person for used oil
filters for each city. The state's deadline for filing the grant application is April 6, 2000.
(Special Operations Manager)
Staff recommendation: Council adopt the resolution.
5. RESOLUTION NO. 2000-086, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE CHULA VISTA DOWNTOWN
BUSINESS ASSOCIATION'S 2000 BUDGET AND DEFERRING REQUEST FOR
ASSISTANCE FOR CONSIDERATION WITH FISCAL YEAR 2000/2001 BUDGET
SESSION
In accordance with the Chula Vista Municipal Code, the Chula Vista Downtown
Business Association (DBA) is required to submit an annual budget in March for Council
approval. The DBA's budget is funded by a special assessment applied to each business
located within the District's boundary and any income the District eams from
promotional activities and other contributing sources. (Director of Community
Development)
Staff recommendation: Council adopt the resolution.
Page 2 - Cotmcil Minutes 03/21/2000
CONSENT CALENDAR (Continued)
6. RESOLUTION NO. 2000-087, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE REVISED iNCENTIVE AGREEMENT
WITH LEVITON MANUFACTURING COMPANY
On November 16, 1999, Council approved a business incentive agreement with Leviton
Manufacturing Company and a related economic incentive agreement with EastLake
Development Company. The Leviton agreement provides approximately $1 million in
fee reduction incentives, $725,000 of which will be paid by the EastLake Development
Company. The balance of the Leviton incentives will be provided by the City in
processing and TFDIF fees and through a CDBG grant. In exchange for the incentives,
Leviton is building a 90,000 square-foot facility and will hire approximately 200
employees over a five-year period. Leviton has requested some minor modifications to
the business incentive agreement. (Director of Community Development)
Staff recommendation: Council adopt the resolution.
7. RESOLUTION NO. 2000-088, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROViNG THE AGREEMENT WITH CDC SMALL
BUSINESS FiNANCE CORP. TO WORK WITH THE CITY OF CHULA VISTA TO
MARKET FiNANCIAL SERVICES TO CHULA VISTA BUSINESSES
The CDC Small Business Finance Corporation (CDC) is a non-profit organization that
partners with local banks to provide federal Small Business Administration loans at
below-market rates and with better terms than traditional bank loans. The purpose of this
cooperative agreement is to combine efforts of the CDC and the City in order to provide
greater access to financial services for local Chula Vista businesses. This is in line with
the goal of the City's Local Employer Assistance Program to provide financial and
technical resources and services that address the specific needs of Chula Vista businesses.
This agreement emphasizes collaboration on marketing and promotional materials,
encourages timely service delivery to Chula Vista business customers referred to the
CDC by the City, and provides Chula Vista businesses with a variety of loan package
options that can stabilize floundering businesses and/or promote growth, at no cost to the
City. (Community Development Director)
Staff recommendation: Council adopt the resolution.
8. RESOLUTION NO. 2000-089, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROViNG CHANGE ORDER NO. 3 FOR THE
"TELEGRAPH CANYON CHANNEL IMPROVEMENTS, PHASE I, FROM SIERRA
WAY TO K STREET" (DR-118) PROJECT AND AUTHORIZING THE DIRECTOR
OF PUBLIC WORKS TO EXECUTE SAID CHANGE ORDER
On August 17, 1999, Council approved Resolution No. 19573, awarding a contract for
the Telegraph Canyon channel improvements project (DR-118), Phase I, from Sierra
Way to K Street, to Mesa Construction Projects, Inc. (Mesa) for $2,485,026.30. Between
Page 3 - Council Minutes 03/21/2000
CONSENT CALENDAR (Continued)
November 16 and November 20, 1999, Otay Water District released water from its Patzig
Reservoir near EastLake. Otay Water District did not inform the City or the contractor of
the release. The water reached the project by mid-day, November 17th, and continued
through November 21st, resulting in damage to Mesa's work, including the sub-grade,
forms, reinforcing steel, and equipment, upstream of Second Avenue. It was determined
at that time that cleanup and damage assessment would take two to three weeks. City
staff and Mesa agreed that it would be prudent to perform work downstream of Second
Avenue, out of the east-to-west sequence, in order to avoid further construction delays
and to take advantage of the dry weather conditions. Proposed change order number 3, in
the amount of $14,500, is for the material costs for new forms and for the overtime
differential associated with the fabrication/installation of the forms and the installation of
reinforcing steel downstream of Second Avenue. Performing the work downstream of
Second Avenue, out of sequence, enabled the contractor to ultimately complete most of
the invert before the heavy rains in early February 2000. (Director of Public Works)
Staff recommendation: Cotmcil adopt the resolution.
10 A. RESOLUTION NO. 2000-091, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING FILING OF ENGINEER'S REPORT BY THE
CITY ENGINEER ON THE COST OF CONSTRUCTION AND SETTING MAY 2,
2000 AT 4:00 P.M. AS THE DATE AND TIME FOR A PUBLIC HEARING ON
ASSESSMENT DISTRICT 97-01 FOR IMPROVEMENTS TO OXFORD STREET
FROM FOURTH AVENUE TO FIFTH AVENUE IN THE CITY OF CHULA VISTA
B. RESOLUTION NO. 2000-092, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE DEFERRAL OF ASSESSMENTS AND
ESTABLISHNG CRITERIA TO QUALIFY FOR DEFERRAL FOR ASSESSMENT
DISTRICT 97-01
On October 28, 1997, pursuant to the Improvement Act of 1911, also known as the 1911
Block Act, the City awarded a contract to MJC Construction in the amount of $328,708
for Oxford Street improvements from Fourth Avenue to Fifth Avenue. The work is now
complete, and improvements have been accepted by the City Manager. A resolution
must be adopted to accept the filing of the Engineer's Report on the cost of construction
and to set the public heating on the assessments. (Director of Public Works)
Staff recommendation: Council adopt the resolutions.
11. RESOLUTION NO. 2000-093, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA WAIVING THE FORMAL BIDDING PROCESS,
APPROVING AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA, THE
EASTLAKE COMPANY (APPLICANT), AND REGIONAL ENVIRONMENTAL
CONSULTANTS (RECON; CONSULTANT) FOR CONSULTING SERVICES FOR
PREPARATION AND SUBMITTAL OF CEQA-REEQUIRED ENVIRONMENTAL
DOCUMENTATION FOR EASTLAKE III REPLANN1NG PROGRAM AND
AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
Page 4 -Council Minutes 03/21/2000
CONSENT CALENDAR (Continued)
The EastLake Company is currently processing the EastLake III Replanning Program,
consisting of a General Plan Amendment, an amendment to the General Development
Plan, a new SPA plan and associated regulatory documents. An Environmental Impact
Report must be prepared for the project. Council is being asked to waive the bidding
process and approve the proposed contract with RECON for $293,452 to provide
consultant services for the preparation of the CEQA-required environmental documents.
(Director of Planning and Building)
Staff recommendation: Council adopt the resolution.
ACTION: Mayor Horton moved to approve staff recommendations and offered Consent
Calendar Items #1 through #8, #10 and #11. The motion carded 4-0, with
Councilmember Padilla not yet present.
The following item, #9, was actually considered following Public Hearings.
9. RESOLUTION NO. 2000-090, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA INCREASING THE MAXIMUM COMPENSATION FOR
THE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND LAW
CRANDALL, A DiVISION OF LAW ENGINEERING AND ENVIRONMENTAL
SERVICES, INC., FOR MATERIALS TESTING AND GEOTECHNICAL
CONSULTiNG SERVICES FROM $200,000 TO $400,000 THROUGH DECEMBER
3 I, 2000
On December 15, 1998, Council adopted Resolution No. 19296 approving a two-year
agreement with LAW Crandall to provide materials testing and geo-technical engineering
consulting services from January 1, 1999 to December 31, 2000. At the time the
agreement was approved, it was anticipated that the cost for LAW Crandall's services for
the two years would be about $200,000; however, unanticipated costs totaling
approximately $85,000 were incurred for inspection and testing services performed in
1999. Invoices for services provided by LAW Crandall now total $191,000. On January
11, 2000, Council approved the use of $5 million in Federal STP funds to expedite the
City's overlay program. Staff estimates that the materials testing costs required for the
overlay will total approximately $200,000 in fiscal year 2000/01, of which it is
anticipated that approximately $120,000 will be expended through December 31, 2000.
Therefore, it is necessary to increase the maximum compensation under the existing
agreement with LAW Crandall from $200,000 to $400,000.
Councilmember Salas questioned the unanticipated costs, specifically for the Otay Gym, and
asked why the City should have to pay for cost overruns. Public Works Director Lippitt
responded that testing had not been included in the scope of the contract but was necessary and it
was the responsibility of the City to pay the cost.
Councilmember Padilla arrived at this time, 6:22 p.m.
ACTION: Councilmember Salas offered Resolution No. 2000-090, heading read, text
waived. The motion carried 4-0-1, with Councilmember Padilla abstaining
because he was not present for the discussion.
Page 5 Cotmcil Minutes 03/21/2000
ORAL COMMUNICATIONS
Clyde Supri, 1216 Fourth Avenue, requested sidewalks or blacktop to provide access to the
street. He was referred to staff.
PUBLIC HEARINGS
12. CONSIDERATION OF APPROVAL OF AN AMENDMENT TO THE EASTLAKE
BUSINESS CENTER COMMUNITY DESIGN GUIDELINES
On November 16, 1999, a public hearing was held to consider amendments to the
EastLake II Planned Community District Regulations to incorporate 108 acres of research
and limited manufacturing as BC-1, Business Center Manufacturing Park District, into
the Land Use District Maps, to amend Section IV.2A, Property Development Standards,
allowing an increase in building height for certain lots, and to establish special building
setbacks and buffer requirements for certain lots abutting residential land use districts. At
the public hearing, staff discussed the need for clarification in the Property Development
Standards. The purpose of this ordinance amendment is to incorporate the language that
was discussed at the November 16, 1999 public hearing in order to clarify the Council's
intent when originally adopting the District Regulations for Business Center II.
(Community Development Director)
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 Environmental Manager Hunter clarified the proposed action.
Mayor Horton opened the public hearing and asked if anyone from the audience wished to speak.
There was no response, and she closed the hearing.
ACTION: Mayor Horton offered Ordinance No. 2808, An Ordinance of the City Council of
the City of Chula Vista Approving an Amendment to Section IV.2(A) of the
EastLake II Planned Community District Regulations, for first reading. The
motion carried 4-0, with Councilmember Padilia not yet present.
OTHER BUSiNESS
13. CITY MANAGER'S REPORTS
City Manager Rowlands noted that the Council meetings for April 4, 2000 and April 25, 2000
were cancelled.
14. MAYOR'S REPORTS
A. Ratification of appointment to the Human Relations Commission - Fred Antonio
Tinker.
ACTION: Mayor Horton moved to ratify the appointment of Mr. Tinker to the Human
Relations Commission. Councilmember Davis seconded the motion, and it
canned 5-0.
Page 6 - Council Minutes 03/21/2000
OTHER BUSINESS (Continued)
B. Ratification of appointment to the Civil Service Commission - Bill Veal.
ACTION: Mayor Horton moved to ratify the appointment of Mr. Veal to the Civil Service
Commission. Councilmember Salas seconded the motion, and it carried 5-0.
C. Ratification of appointment to the Library Board of Trustees - Sandra Pasqua.
ACTION: Mayor Horton moved to ratify the appointment of Ms. Pasqua to the Library
Board. Councilmember Padilla seconded the motion, and it carried 5-0.
15. COUNCIL COMMENTS
Deputy Mayor Moot asked the City Attorney to get input on how to improve the campaign
contribution ordinance and report back to Council.
Councilmember Davis requested that an interpretation regarding independent expenditures of
political action committees (PAC's) be included in the City Attorney's report.
Councilmember Padilla agreed that there is a need to examine the campaign contribution
ordinance.
At 6:33 p.m., Mayor Horton recessed the meeting to Closed Session.
CLOSED SESSION
16. CONFERENCE WITH REAL PROPERTY NEGOTIATOR PURSUANT TO
GOVERNMENT CODE SECTION 54956.8
A. Property: Approximately seven acres located on Bonita Road
adjacent to the Chula vista Municipal Golf Course
Negotiating Parties: City of Chula Vista (Chris Salomone/Sid Morris), The
Phair Co., C.W. Clark and American Golf
Under Negotiation: Purchase price/lease rate and other terms and conditions for
possible disposition of City-owned property
Instructions were given to the Negotiator.
17. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION
PURSUANT TO GOVERNMENT CODE SECTION 54956.9(A)
A. Fritsch v. City of Chula Vista, USDC, 98-CV-0972-E (CGA)
Instructions were given to Counsel.
Page 7 - Council Minutes 03/21/2000
CLOSED SESSION (Continued)
18. CONFERENCE WITH REAL PROPERTY NEGOTIATOR PURSUANT TO
GOVERNMENT CODE SECTION 54956.8
A. Property: 318 Fourth Avenue.
Negotiating Parties: The City of Chula Vista (Sid Monis), First International
Bank.
Under Negotiation: Price and terms for acquisition.
Instructions were given to the Negotiator.
ADJOURNMENT
At 7:30 p.m., Mayor Horton adjourned the meeting to the Regular Meeting of March 28, 2000.
Respectfully submitted,
Susan Bigelow, CMC/AAE, City Clerk
Page 8 - Council Minutes 03/21/2000