HomeMy WebLinkAboutcc min 2000/07/25 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF CHULA VISTA
JULY 25, 2000 6:00 P.M.
A Regular Meeting of the City Council of the City of Chula Vista was called to order at 6:04
p.m. in the Council Chambers located in the Public Services Building, 276 Fourth Avenue, Chula
Vista, California.
ROLL CALL:
PRESENT: Councilmembers Davis, Moot, Padilla, Salas, and Mayor Horton.
ABSENT: Councilmembers: None
ALSO PRESENT: City Manger Rowlands, City Attorney Kaheny, City Clerk Bigelow
PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE
SPECIAL ORDERS OF THE DAY
· OATH OF OFFICE: CHARTER REVIEW COMMISSION - MARK CROSHIER, SR.
City Clerk Bigelow administered the oath of office, and Deputy Mayor Moot presented Mr.
Croshier with a certificate of appointment.
· OATH OF OFFICE: PLANNING COMMISSION - JOHN MCCANN
City Clerk Bigelow administered the oath of office, and Deputy Mayor Moot presented Mr.
McCann with a certificate of appointment.
· OATH OF OFFICE: PARKS AND RECREATION COMMISSION - YOLANDA
RAMOS
Ms. Ramos was not present at the meeting.
CONSENT CALENDAR
(Items 1 through 11)
Councilmember Salas asked that Item #10 be removed from the Consent Calendar for separate
consideration.
1. ORDINANCE NO. 2814, ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF
COMMUNITY FACILITIES DISTRICT NO. 2000-1 (SUNBOW II - VILLAGES 5
THROUGH 10) AUTHORIZING THE LEVY OF A SPECIAL TAX IN SUCH
COMMUNITY FACILITIES DISTRICT
CONSENT CALENDAR (Continued)
On June 6, 2000, Council approved the Resolution of Intention to form Community
Facilities District No. 2000-1 (CFD 2000-1). CFD 2000-1 will fund the construction of
public facilities, including a significant portion of the Sunbow II - Villages 5 through 10
improvements. The Ordinance had its first reading at the Regular Meeting of July 11,
2000. (Director of Public Works)
Staff recommendation: Council adopt the resolution.
2. ORDiNANCE NO. 2813, AN ORDINANCE OF THE CITY OF CHULA VISTA
ADDiNG SECTIONS 9.16.027 THROUGH 9.16.032 TO THE CHULA VISTA
MUNICIPAL CODE RELATING TO THE POSSESSION OF CLONAZEPAIM
During the past year, there has been an increase in the number of young adults and
juveniles possessing the drug, Clonazepam. An amendment to the Health and Safety
Code in the 1984 legislation unintentionally allowed persons to possess Clonazepam
without a doctor's prescription. The drug is now considered popular as a "recreational
drug" of choice among high school students and has been associated with several sexual
assaults. (Chief of Police)
Staff recommendation: Council adopt the resolution.
3. RESOLUTION NO. 2000-246, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROViNG THE APPROPRIATION OF FUNDS TO
REMOVE THE HOUSE AT 1497 BRANDYWINE, CLEAR THE SITE AND
TEMPORARILY LANDSCAPE THE SITE WITH A HYDROSEED PLANTING AND
IRRIGATION SCHEME UNTIL SUCH TIME AS GRANT MONIES ARE OBTAINED
TO CREATE A PERMANENT LANDSCAPE IMPROVEMENT TO THIS CORNER
SITE
The future Olympic Parkway is currently under construction. To accommodate a right-
tum lane and public right-of-way onto Brandywine, the City previously purchased the
property at 1497 Brandywine. The construction of the right-tum lane is imminent,
necessitating the removal of the house on the property. The City has identified a
potential pumhaser for the house, and once the house structure has been removed, the
concrete slab foundation will need to be removed and temporary planting established.
The objective of the temporary planting is to prevent soil erosion and give the site a neat
appearance until such time as permanent landscape improvements can be installed.
(Deputy City Manager Palmer/Director of Public Works)
Staff recommendation: Council adopt the resolution.
4. RESOLUTION NO. 2000-247, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AUTHORIZING THE CITY ENGINEER TO ISSUE
ENCROACHMENT PERMIT NO. PE-483 FOR CONSTRUCTION OF THREE
MONUMENT SIGNS PROPOSED FOR THE RANCHO DEL REY BUSINESS
CENTER WITHIN CITY-OWNED OPEN SPACE PARCELS ALONG EAST H
STREET, ONE SIGN FOR EACH STREET ENTRANCE LOCATED AT PASEO DEL
REY, AVILA WAY AND TIERRA DEL REY
Page 2 - Council Minutes 07/25/2000
CONSENT CALENDAR (Continued)
C. W. Clark, Inc. is proposing to construct three monument signs for the Rancho Del Rey
Business Center within City-owned open space parcels along East H Street, one sign for
each street entrance located at Paseo Del Rey, Avila Way and Tierra Del Rey. According
to Section 12.28 of the Municipal Code, any permanent structures built within public
open space parcels, such as permanent monument signs, require Council approval
utilizing the encroachment permit process. (Directorof Public Works)
Staff recommendation: Council adopt the resolution.
5. RESOLUTION NO. 2000-248, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING CONTRACT FOR
THE MODFICATION OF TRAFFIC SIGNAL SYSTEMS AT HILLTOP DRIVE/J
STREET, THIRD AVENUE/J STREET AND FIFTH AVENUE/H STREET (TF234)
TO T&M ELECTRIC (DBA PERRY ELECTRIC), AND APPROPRIATING $55,000.00
FROM THE UNENCUMBERED BALANCE OF THE TRAFFIC SIGNAL FUND
THEREFOR
On June 21, 2000, the Director of Public Works received sealed bids from six electrical
contractors for traffic signal modifications at Hilltop Drive/J Street, Third Avenue/J
Street and Fifth Avenue/H Street (TF234). T & M Electric submitted the low bid of
$191,280.00. Additional funds need to be appropriated in order to complete the project.
(Director of Public Works)
Staff recommendation: Council adopt the resolution.
6. RESOLUTION NO. 2000-249, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA WAIVING IRREGULARITIES, ACCEPTING BIDS AND
AWARDING CONTRACT TO TRASIG CORP. FOR THE "INSTALLATION OF
INTERNALLY ILLUMINATED STREET NAME SIGNS AT VARIOUS LOCATIONS
IN THE CITY OF CHULA VISTA" (CIP TF-279, FISCAL YEAR 1999/2000)
On June 29, 2000, the Director of Public Words received two sealed bids for the
installation of internally illuminated street name signs at various locations in the City
(CIP TF-279 for Fiscal Year 1999/2000). A low bid of $54,100.00 was received from
Trasig Corp., however, three mathematical irregularities equaling $300 were found
within the low bidder's proposal. These errors were insignificant since the additional
$300 still placed the low bid submitted by Trasig Corp. $4,700 below the second low
bidder's proposal of $59,100. (Director of Public Works)
Staff recommendation: Council adopt the resolution.
7. RESOLUTION NO. 2000-250, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA RATIFYING THE ACTIONS OF THE DIRECTOR OF
PUBLIC WORKS IN APPROVING A CHANGE ORDER FOR THE INSTALLATION
OF ADDITIONAL TRAFFIC SIGNAL LOOPS AS PART OF THE FISCAL YEAR
1998/1999 TRAFFIC SIGNAL DETECTOR LOOP REPLACEMENT PROGRAM AT
VARIOUS LOCATIONS IN THE CITY OF CHULA VISTA (CIP TF-260)
Page 3 - Council Minutes 07/25/2000
CONSENT CALENDAR (Continued)
On November 24, 1999, the Director of Public Works received sealed bids from five
electrical contractors for the Fiscal Year 1998/1999 traffic signal detector loop
replacement program at various locations in the City. DBX, Inc. submitted a low bid of
$32,917.00. The low bidder submitted exceptional bid prices, which were lower than the
second lowest bidder's prices by 28%. Furthermore, the lowest bidder verbally agreed to
extend the contract unit prices to install additional loops, including loops scheduled to be
replaced as part of a future Fiscal Year 2000/2001 project (TF-273). As a result of the
additional installation, however, the current funds for the loop replacement project
(TF-260) are insufficient to cover the work performed to date. (Director of Public
Works)
Staff recommendation: Council adopt the resolution.
8. RESOLUTION NO. 2000-251, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING CONTRACT TO
LEKOS ELECTRIC FOR THE "TRAFFIC SIGNAL INSTALLATION AT THE
INTERSECTION OF EAST H STREET WITH EASTLAKE DRIVE IN THE CITY OF
CHULA VISTA" (CIP TF262)
On July 5, 2000, the Director of Public Works received sealed bids from four electrical
contractors for traffic signal installation at the intersection of East H Street and Eastlake
Drive (CIP TF262). Lekos Electric submitted the low bid of $86,670.00. (Director of
Public Works)
Staff recommendation: Council adopt the resolution.
9. RESOLUTION NO. 2000-252, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING BIDS, WAIVING INCONSEQUENTIAL BID
DEVIATION, AND AWARDING CONTRACT FOR "MTDB RIGHT-OF-WAY
BEAUTIFICATION, PHASE 1, IN THE CITY OF CHULA VISTA, (LD-106)"
PROJECT TO SHIVA CONSTRUCTION, INC. IN THE AMOUNT OF $286,447.34,
AND AWARDING ALTERNATE A BID TO SHIVA CONSTRUCTION, iNC. IN THE
AMOUNT OF $91,140.50, AND APPROPRIATING $454,000 TO THIS PROJECT
BASED ON TRANSPORTATION ENHANCEMENT ACTIVITIES (TEA) FUNDS
AND BILLBOARD FUNDS TO BE RECEIVED FROM THE METROPOLITAN
TRANSIT DEVELOPMENT BOARD (MTDB)
On June 14, 2000, the Director of Public Works received sealed bids for phase 1 of the
Metropolitan Transit Development Board's (MTDB) right-of-way beautification project.
The work consists of planting and irrigation within segments of the four-mile MTDB
right-of-way corridor. The work also includes all labor, material, equipment,
transportation and traffic control necessary for the project. (Director of Public Works)
Staff recommendation: Council adopt the resolution.
Page 4 - Council Minutes 07/25/2000
CONSENT CALENDAR (Continued)
11. RESOLUTION NO. 2000-254, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE APPROPRIATION OF $251,737 FROM
VEHICLE REPLACEMENT FUNDS AND AN APPROPRIATION OF $107,888
FROM THE PUBLIC FACILITIES DEVELOPMENT IMPACT FEE FUND TO
PURCHASE FIRE APPARATUS EQUIPMENT, AND AWARDING A PURCHASE
AGREEMENT TO PIERCE MANUFACTURING/SOUTH COAST FIRE
EQUIPMENT, INC. FOR ONE TRIPLE COMBINATION PUMPER 1N THE
AMOUNT OF $308,655.27
The Public Facilities development impact fee provides for the purchase of a fire
apparatus pump and tank combination and the related equipment for that unit. Chula
Vista Mtmicipal Code Section 2.56.140 and Council Resolution No. 6132 authorize the
Purchasing Agent to participate in cooperative arrangements with other governmental
agencies for the purchase of materials of common usage. Accordingly, the City has the
fight to take advantage of a current City of E1 Segundo bid from Pierce
Manufacturing/South Coast Fire Equipment. (Fire Chief)
Staff recommendation: Council adopt the resolution.
ACTION: Mayor Horton moved to approve staff recommendations and offered Consent
Calendar Items #1 through #9 and #11. The motion carried 5-0.
10. RESOLUTION NO. 2000-253, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING AN AGREEMENT BETWEEN CITY OF
CHULA VISTA, OTAY WATER DISTRICT, AND AULD GOFF COURSE SAN
DIEGO LLC FOR DEFERRAL OF TRANSPORTATION IMPACT FEES, AND
AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
Otay Water District owns 240 acres north of Pacific Bay Homes in eastern Chula Vista.
It has leased a portion of its property to Auld Goff Course San Diego to construct and
operate an 18-hole golf course. Since it will be a privately operated facility open to the
public, it is subject to development impact fees. The agreement will provide: 1) an initial
amount owed for the fees, 2) the ability to pay the fees over a ten-year period, and 3) a
procedure to restudy the traffic after the facility is in operation for three years and to
adjust the fee for actual traffic generation of the facility. (Director of Public Works)
Councilmember Salas stated she could not support the deferral 9f fees since, although the facility
would be a public benefit, it is not a public necessity.
ACTION: Mayor Horton offered Resolution No. 2000-253, heading read, text waived. The
motion carried 4-1 with Councilmember Salas voting in opposition.
Page 5 - Council Minutes 07/25/2000
ORAL COMMUNICATIONS
There were none.
PUBLIC HEARINGS
12. CONSIDERATION OF THE PROPOSED ASSESSMENT OF CERTAIN
DELINQUENT SEWER SERVICE CHARGES AS LIENS LIPON THE RESPECTIVE
PARCELS OF LAND AND PLACEMENT OF DELINQUENT CHARGES ON THE
NEXT TAX BILL FOR COLLECTION
In order to adequately protect the City's interest in delinquent sewer service charges and
to insure that collection efforts are directed towards the responsible property owner in the
event of a change in ownership, staff is recommending approval for liens against affected
properties as a preliminary action to placing the delinquencies on the property tax rolls if
they remain unpaid. This is the identical process approved by Council in August and
November 1998, and April and August 1999. (Deputy City Manager Powell)
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 City Manager Powell stated that since mailing the delinquent sewer bills, the number of
outstanding accounts has been reduced from 429 (totaling $105,000) to 262 (totaling $66,000).
Mayor Horton opened the public heating and asked if anyone from the audience wished to speak.
There was no response, and she closed the hearing.
ACTION: Councilmember Davis offered Resolution No. 2000-255, heading read, text
waived:
RESOLUTION NO. 2000-255, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA ASSESSING DELINQUENT SEWER
SERVICE CHARGES AS LIENS UPON THE RESPECTIVE PARCELS OF
LAND AND APPROVING PLACEMENT OF DELINQUENT CHARGES ON
THE NEXT REGULAR TAX BILL FOR COLLECTION
The motion carried 5-0.
13. CONSIDERATION OF TESTIMONY ON THE FISCAL YEAR 2000/2001 LEVY OF
ASSESSMENTS FOR CITY OPEN SPACE DISTRICT NO. 10
Based upon the advice of the City Attorney, agenda items 13 and 14 were separated from
item 15 due to conflict of interest concerns. One Councilmember owns property subject
to the proposed assessment in this District.
Page 6 - Council Minutes 07/25/2000
PUBLIC HEARINGS (Continued)
The City administers 25 Open Space Districts established over the last 25 years. The
districts provide the mechanism to finance the maintenance of common open space areas
(canyons, trails, medians, etc.) associated with and benefiting a particular development.
As part of the process, a levy of an annual assessment is necessary to enable the City to
collect funds for proposed open space maintenance. Adoption of the resolution continues
the process for Fiscal Year 2000/2001. In accordance with Chula Vista Municipal Code
Section 17.07, the City Engineer prepared reports on the spread of assessments in Open
Space Districts. On May 23, 2000, Council approved the reports and set two public
hearings, as required by law, for June 20 and July 25, 2000, to take testimony on the
proposed assessments. (Director of Public Works)
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 Horton opened the public heating. There being no members of the public wishing to
speak, and no protests, the hearing was closed.
ACTION: Mayor Horton offered Resolution No. 2000-256, heading read, text waived:
RESOLUTION NO. 2000-256, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA ORDER1NG CERTAIN OPEN SPACE AND
MAINTENANCE FACILITIES TO BE MAINTAINED, APPROVING
MODIFICATION TO THE ENGINEER'S REPORT AND LEVYING
ASSESSMENTS FOR FISCAL YEAR 2000/2001 FOR OPEN SPACE
DISTRICT NO. 10
The motion carded 4-0-1, with Councilmember Salas abstaining
14. CONSIDERATION OF TESTIMONY ON THE FISCAL YEAR 2000/2001 LEVY OF
ASSESSMENTS FOR CITY OPEN SPACE DISTRICT NO. 14
Based upon the advice of the City Attomey, agenda items 13 and 14 were separated from
item 15 due to conflict of interest concerns. One Councilmember owns property subject
to the proposed assessment in this District.
The City administers 25 Open Space Districts established over the last 25 years. The
districts provide the mechanism to finance the maintenance of common open space areas
(canyons, trails, medians, etc.) associated with and bene~ting a particular development.
As part of the process, a levy of an annual assessment is necessary to enable the City to
collect funds for proposed open space maintenance. Adoption of the resolution continues
the process for Fiscal Year 2000/2001. In accordance with Chula Vista Municipal Code
Section 17.07, the City Engineer prepared reports on the spread of assessments in Open
Space Districts. On May 23, 2000, Council approved the reports and set two public
hearings, as required by law, for June 20 and July 25, 2000, to take testimony on the
proposed assessments. (Director of Public Works)
Page 7 - Council Minutes 07/25/2000
PUBLIC HEARINGS (Continued)
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 Horton opened the public heating and asked if anyone from the audience wished to speak.
Sandra R. Santos, 1021 Arroyo Drive, spoke in opposition to additional property taxes. She
stated that she had previously asked that fencing be installed to provide security for her property
from illegal aliens and teenagers using the canyon Mayor Horton asked staff to meet with Ms.
Santos to discuss her request.
There being no further members of the public wishing to speak, Mayor Horton closed the
hearing.
ACTION: Councilmember Padilia offered Resolution No. 2000-257, heading read, text
waived:
RESOLUTION NO. 2000-257, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA ORDERING CERTAIN OPEN SPACE AND
MAINTENANCE FACILITIES TO BE MAINTAINED, APPROVING
MODIFICATION TO THE ENGINEER' S REPORT AND LEVYING
ASSESSMENTS FOR FISCAL YEAR 2000/2001 FOR OPEN SPACE
DISTRICT NO. 14
The motion carried 4-0-1, with Councilmember Davis abstaining.
15. CONSiDERATION OF TESTIMONY ON THE FISCAL YEAR 2000/2001 LEVY
AND COLLECTION OF ASSESSMENTS FOR CITY OPEN SPACE DISTRICTS 1-9,
11, 15, 17, 18, 20, 23, 24, 26, 31, 33, BAY BOULEVARD, TOWN CENTRE AND
EASTLAKE MAINTENANCE DISTRICT NO. 1
The City administers 25 Open Space Districts established over the last 25 years. The
districts provide the mechanism to finance the maintenance of common open space areas
(canyons, trails, medians, etc.) associated with and benefiting a particular development.
As part of the process, a levy of an annual assessment is necessary to enable the City to
collect funds for proposed open space maintenance. Adoption of the resolution continues
the process for Fiscal Year 2000/2001. In accordance with Chula Vista Municipal Code
Section 17.07, the City Engineer prepared reports on the spread of assessments in Open
Space Districts. On May 23, 2000, Council approved the reports and set two public
hearings, as required by law, for June 20 and July 25, 2000, to take testimony on the
proposed assessments. (Director of Public Works)
Notice of the hearing was given in accordance with legal requirements, and the heating was held
on the date and at the time specified in the notice.
Page 8 - Council Minutes 07/25/2000
PUBLIC HEAR1NGS (Continued)
Mayor Horton opened the public heating and asked if anyone from the audience wished to speak.
Florence Walker, 291 Surrey Drive, Bonita, stated that while assessments are going up, nothing
is being done to maintain some of the areas and the water has never been turned on in District 3.
She asked how much the City had paid for maintenance in District 3. Public Works Director
Lippitt responded that in Fiscal Year 1999/2000, $18,000 was expended for contract services and
$13,000 for water costs, plus other smaller costs. Mayor Hotton asked staff to investigate Ms.
Walker's concerns.
Public Works Director Lippitt reported that three written protests were received, two for District
20 and one for Maintenance District 1. All three letters asked that funds be sought from another
source. He recommended that the protests be overridden.
There being no further members of the public wishing to speak, Mayor Horton closed the
hearing.
ACTION: Councilmember Padilia offered Resolution No. 2000-258, heading read, text
waived:
RESOLUTION NO. 2000-258, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA ORDERING CERTAIN OPEN SPACE AND
MAINTENANCE FACILITIES TO BE MAINTAINED, APPROVING
MODIFICATION TO THE ENGINEER'S REPORT, AND LEVY1NG THE
ASSESSMENTS FOR FISCAL YEAR 2000/2001 FOR OPEN SPACE
MAINTENANCE DISTRICTS 1-9, 11, 15, 17, 18, 20, 23, 24, 26, 31, 33, BAY
BOULEVARD, TOWN CENTRE AND EASTLAKE MAINTENANCE
DISTRICT NO. 1
The motion can'ied 5-0
16. CONSIDERATION OF APPROVAL OF CONDITIONAL USE PERMIT PCC 00-33, A
PROPOSAL TO ALLOW FOR A 40-FOOT HIGH "MONOPALM" AT 740 HILLTOP
DRIVE
NexTel Communications requested permission to install, operate, and maintain an
tmmanned cellular communication facility at 740 Hilltop Drive (Hilltop Baptist Church).
The monopole would consist of a faux palm tree design, complete with a round tnmk and
"pineapple" core below the plastic palm fronds mounted on the top of the pole. There
would be three antenna arms, with an array of four antennas each for a total of twelve
panel antennas, mounted on the monopalm, with a 200-square-foot equipment building
located below. Two new real palm trees would surround the monopalm, and new
shrubbery would screen the equipment building. The Environmental Review Coordinator
concluded that the project is a Class 3(c) categorical exemption from environmental
review [CEQA Section 15303 (c) - new construction of small structures]. (Director of
Planning and Building)
Notice of the heating was given in accordance with legal requirements, and the heating was held
on the date and at the time specified in the notice.
Page 9 - Cotmcil Minutes 07/25/2000
PUBLIC HEAR1NGS (Continued)
Planning Division staff explained the proposed project to the Council and audience.
Mayor Horton opened the public hearing.
Nextel representative Rena Elwardani stated that the monopole will be lower than the natural
palm trees and that residents have indicated a need for service in the area.
Kenneth Dibble, 726 Hilltop Drive, spoke in opposition to the proposed monopole, stating that it
would block the only view he has from his back yard, would lower the value of his property, and
was not appropriate for a residential area. He also asked what would happen to the monopole if
or when there is no longer a need for it. Staff responded that the monopole would be removed if
it were no longer needed.
Dr. David Womack, 740 Hilltop Drive, Hilltop Baptist Church administrator, favored the project,
stating that the monopole will increase the value of the property and improve the area where the
monopole will be erected.
Mayor Horton asked if there were any further members of the public wishing to speak. There
being no response, she closed the heating.
ACTION: Councilmember Padilla offered Resolution No. 2000-259, heading read, text
waived, with the condition that the location of the proposed retaining wall be
acceptable to the adjacent property owner:
RESOLUTION NO. 2000-259, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA GRANTING CONDITIONAL USE PERMIT
PCC 00-33 TO NEXTEL COMMUNICATIONS TO CONSTRUCT AN
UNMANNED CELLULAR COMMUNICATIONS FACILITY LOCATED AT
740 HILLTOP DRIVE
The motion carried 5-0.
BOARD AND COMMISSION RECOMMENDATIONS
17. REPORT FORWARDING RECOMMENDATIONS FOR CHARTER AMENDMENTS
The Charter Review Commission has met to discuss various Charter amendments for
inclusion on the November 7, 2000 ballot. At its May 15, 2000 meeting, the Commission
unanimously approved the endorsement of a proposition expanding the qualifications for
membership on boards and commissions to permit the appointment of non-residents
under certain limited circumstances. At its June 5, 2000 meeting, the Commission voted
6-0-1 to forward to Council for its consideration the concept of repealing term limits for
the offices of the Mayor and Council. At its July 17, 2000 meeting, the Commission
heard public testimony on the issue but adjourned without taking further action.
(Chairperson, Charter Review Commission)
Page 10 - Council Minutes 07/25/2000
BOARD AND COMMISSION RECOMMENDATIONS (Continued)
Mafia Perman, 547 Vista Miranda, expressed support for term limits, stating that they provide
other community members an opportunity to serve on the Council.
Jack Blakely, member of the Charter Review Commission, explained how the initial discussion
regarding term limits was initiated.
Petra Barajas, P.O. Box 122123, favored term limits, stating her desire to offer her talents to the
community.
Norma Cazares, representing South Bay Forum, favored term limits and asked the Council not to
place the measure on the ballot because by so doing, it would appear that the Council favored the
abolishment of term limits.
Peter Watry, 81 2nd Avenue, opposed the repeal of term limits, stating that the limits have
worked well for the past 30 years.
Will Hyde, 803 Vista Way, former Mayor of Chula Vista, stated that the community has been
well served by term limits as they presently exist. He stated that if, however, the City Council
wished to place the issue before the voters, they should do so slowly to allow the community the
oppommity to provide input.
Jerry Vanderpool, 228 East Millan Street, supported the repeal of term limits, stating that the
limits hurt the City on a regional basis, and Chula Vista is only one of two cities in the County
that has term limits.
Gustavo Slovinsky, 1100 Paseo Entrada, stated that the voters should decide whether or not to
repeal term limits.
Isabelle Perez, 510 East H Street, opposed repealing term limits and stated that there needed to
be more public debate and input.
Bea Femandez, 1204 Gonzales Way, opposed repealing term limits and suggested that the vote
be postponed until the 2002 election, thereby allowing the opportunity for public discussion.
Steve Molski, 677 G Street #111, spoke in support of retaining term limits. On a separate issue,
he informed the Council that directional arrows on certain streets are not working and suggested
a delayed red light activation to ensure that intersections are completely clear of traffic.
Mark Marchand, 1228 Half Moon Bay, spoke in favor of term limits and felt that the voters
should be the decision makers.
Steve Palma, 121 Orange Avenue, #90, supported placing the issue on the ballot, stating that he
would like an opportunity to vote on the issue since his area was not part of the City when term
limits were first instituted.
Derek Prescott, a Charter Review Commissioner, distributed information to Council and
recommended that the issue be placed on the ballot to allow the people the opportunity to vote on
it.
Page 11 Council Minutes 07/25/2000
BOARD AND COMMISSION RECOMMENDATIONS (Continued)
Bob Tudenberg, 1702 Yale Street, spoke in favor of keeping term limits.
Councilmember Salas stated that Charter amendments should be generated by public interest and
she had not seen any evidence that this was a public driven discussion. As a result, she would
not support placing the issue on the next ballot.
Cotmcilmember Padilia stated that the issue is an important one for the community and requires
more public input. He also stated that if the issue is placed on the ballot, language should be
included to ensure that any repeal of term limits does not apply to the current Mayor or
Councilmembers.
Councilmember Davis supported the opportunity for the voters to decide the issue and
recommended that term limit options be provided on the ballot.
Deputy Mayor Moot agreed that the voters should make the decision.
Mayor Horton pointed out that the Council was not deciding the term-limit issue, only whether
or not the issue should be placed on the ballot to give the community the opportunity to vote on
the matter.
ACTION: Mayor Horton moved to approve the Charter Review Commission's
recommendation to place on the November 7, 2000 ballot a Charter amendment
measure to modify Charter section 602 to permit the appointment of non-
residents, under certain circumstance, to boards and commissions.
Councilmember Padilla seconded the motion, and it carded 5-0.
ACTION: Mayor Horton moved to direct the City Attorney to bring forward language for
consideration for a proposed ballot measure that includes the following options:
(a) Eliminate term limits providing that Council incumbents comply with a
six-month restfiction on raising campaign funds prior to an election, and
(b) Extend term limits to three terms, providing that;
Council incumbents comply with a six-month restriction on raising
campaign funds prior to an election, and
Persons would be eligible to run for re-election after serving three terms
only after a four-year break in service.
Councilmember Davis seconded the motion, and it carried 3-2, with
Councilmembers Padilla and Salas opposing.
ACTION ITEMS
18. CONSIDERATION OF ADOPTION OF A RESOLUTION ACCEPTiNG BIDS,
EJECTING BID OF SIERRA ELECTRIC AS NON-RESPONSIVE, AND
AWARDiNG CONTRACT TO LEKOS ELECTRIC FOR THE TRAFFIC SIGNAL
iNSTALLATION AT THE iNTERSECTION OF GREENSGATE DRIVE AND
EASTLAKE PARKWAY
Page 12 - Council Minutes 07/25/2000
ACTION ITEMS (Continued)
On July 5, 2000, the Director of Public Works received sealed bids from four electrical
contractors for the installation of a traffic signal at the intersection of Greensgate Drive
with Eastlake Parkway (CIP TF265). Sierra Electric submitted the low bid of $78,946,
however, after examining all bids, Sierra Electfic's bid was considered to be non-
responsive due to mathematical irregularities in the bid proposal. Lekos Electric
submitted the second low bid of $80,372. (Director of Public Works)
ACTION: Deputy Mayor Moot offered Resolution No. 2000-260, heading read, text waived:
RESOLUTION NO. 2000-260, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA ACCEPTING BIDS, REJECTING BID OF
SIERRA ELECTRIC AS NON-RESPONSIVE AND AWARDING CONTRACT
TO LEKOS ELECTRIC FOR THE "TRAFFIC SIGNAL INSTALLATION AT
THE INTERSECTION OF GREENSGATE DRIVE WITH EASTLAKE
PARKWAY IN THE CITY OF CHULA VISTA" (CIP TF265)
The motion carried 5-0.
19. CONSIDERATION OF ADOPTION OF RESOLUTIONS APPROVING THE FORM
OF AN ACQUISITION/FINANCING AGREEMENT PERTAINING TO
COMMUNITY FACILITIES DISTRICT NO. 2000-1 (SUNBOW II-VILLAGES 5
THROUGH 10); AND AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF
SPECIAL TAX BONDS OF THE DISTRICT, APPROVING THE FORM OF BOND
INDENTLIKE, BOND PURCHASE AGREEMENT, PRELIMINARY OFFICIAL
STATEMENT, AND OTHER DOCUMENTS, AND AUTHORIZING CERTAIN
ACTIONS IN CONNECTION WITH THE ISSUANCE OF SUCH BONDS
On July 11, 2000, Council held the public heating forming and establishing Community
Facilities District No. 2000-1 (CFD 2000-1). The District was formed for the purpose of
providing for the financing of the acquisition of certain authorized public facilities,
including significant portions of the Sunbow II - Villages 5 through 10 improvements.
Adoption of the resolutions approves the acquisition/finance agreement with ACI
Sunbow, LLP, that establishes the procedure for acquiring the improvements from the
developer, including allowing for the incremental acquisition of complete discreet
components of a project, rather than requiring that the project be fully completed and
accepted by the City prior to acquisition. The resolution also authorizes the issuance of
special tax bonds of CFD 2000-1 in the amount of $7,400,000 and approves the form of
certain documents related to the issuance of the bonds, including a Bond Indenture, Bond
Purchase Contract and Preliminary Official Statement. (Director of Public Works)
ACTION: Mayor Horton offered Resolutions Nos. 2000-261 and 2000-262, headings read,
texts waived:
A. RESOLUTION NO. 2000-261, RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA,
APPROVING THE FORM OF AN ACQUISITION/FINANCING
AGREEMENT PERTAINING TO COMMLrNITY FACILITIES
DISTRICT NO. 2000-1 (SUNBOW II - VILLAGES 5 THROUGH 10)
Page 13 Council Minutes 07/25/2000
ACTION ITEMS (Continued)
B. RESOLUTION NO. 2000-262, RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, ACTiNG
iN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY
FACILITIES DISTRICT NO. 2000-1 (SUNBOW II - VILLAGES 5
THROUGH 10), AUTHORIZiNG AND PROVIDiNG FOR THE
ISSUANCE OF SPECIAL TAX BONDS OF THE DISTRICT,
APPROVING THE FORM OF BOND INDENTURE, BOND
PURCHASE AGREEMENT, PRELIMiNARY OFFICIAL STATEMENT
AND OTHER DOCUMENTS AND AUTHORIZiNG CERTAIN
ACTIONS iN CONNECTION WITH THE ISSUANCE OF SUCH
BONDS
The motion carried 5-0
OTHER BUSINESS
20. CITY MANAGER' S REPORTS
There were none.
21. MAYOR'S REPORTS
A. Ratification of appointment to the Economic Development Commission - Joarme
Clayton (nominated by Chula Vista Chamber of Commerce).
ACTION: Mayor Hotton moved to ratify the appointment of Joarme Clayton to the
Economic Development Commission. The motion carried 5-0.
B. Consideration of designation of a voting Delegate and Alternate for the Annual
League of California Cities conference to be held in Ariahelm, September 7
through September 9, 2000.
ACTION: Mayor Hotton moved to designate Councilmember Davis as Voting Delegate for
the Annual League of California Cities conference. The motion was seconded by
Councilmember Padilla, and it carried 5-0.
22. COUNCIL COMMENTS
Councilmember Salas expressed concern that the rising energy rates will affect the ability of San
Diego, as well as all of California, to attract businesses; and she asked Council to review budget
models over time and discuss possible actions in the event that there is a downturn in the
economy.
Page 14 - Council Minutes 07/25/2000
OTHER BUSINESS (Continued)
Deputy Mayor Moot reported that alternative energy supplies are being sought and that he
hopefully would report back to Council on the matter in the fall.
Mayor Horton noted that a letter to the chair of the Public Utilities Commission is being
prepared.
Councilmember Davis reported that planning for the Christmas in October event is progressing,
and she asked the community to nominate houses which might be included in this year's
program.
ADJOURNMENT
At 9:14 p.m., Mayor Horton adj ourned the meeting to the Regular Meeting of August 1, 2000.
Respectfully submitted
Susan Bigelow, CMC/AAE, City Clerk
Page 15 - Council Minutes 07/25/2000