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HomeMy WebLinkAboutcc min 2001/04/03 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA April 3, 2001 4:00 P.M. A Regular Meeting of the City Council of the City of Chula Vista was called to order at 4:06 p.m. in the Council Chambers, located in the Public Services Building, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Councilmembers: Davis, Padilla, Rindone, Salas and Mayor Horton ABSENT: Councilmembers: None ALSO PRESENT: City Manager Rowlands, City Attorney Kaheny, and City Clerk Bigelow PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY · PRESENTATION OF A PROCLAMATION TO THE EMPLOYEE OF THE MONTH, ANGELICA AGUILAR, ADMINISTRATIVE ANALYST II, POLICE DEPARTMENT Police Chief Emerson introduced the City's Employee of the Month, Angelica Aguilar, and Mayor Hotton presented the proclamation to her. · PRESENTATION BY HIGHLAND PARTNERSHIP, INC., REGARDING THE CORPORATION YARD CONSTRUCTION Mayor Horton announced that this item was postponed to a future date. · RECOGNITION OF THE POLICE DEPARTMENT'S RECENTLY PROMOTED EMPLOYEES Mayor Hotton recognized the following recently promoted officers, and Police Chief Emerson introduced them: Sergeant David Eisenberg; Sergeant Phil Collum; Sergeant Lon Turner; Agent Luis Cisneros; Agent Tom Halfaker. CONSENT CALENDAR (Items 1 through 5) 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 27, 2001, there were no actions taken which are required under the Brown Act to be reported. Staff recommendation: The letter be received and filed. CONSENT CALENDAR (Continued) 2. RESOLUTION NO. 2001-085, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA REJECTING BIDS FOR THE MEDIAN MODIFICATIONS ON TELEGRAPH CANYON ROAD, EAST OF MEDICAL CENTER DRIVE, IN THE CITY OF CHULA VISTA, CALIFORNIA (PROJECT ST-980) On January 3, 2001, the Director of Public Works received sealed bids for the median modifications on Telegraph Canyon Road, east of Medical Center Drive (Project ST- 980). The work to be done includes mobilization, excavation and grading, ramoval and disposal of existing improvements, installation of asphalt-concrete pavement, crushed aggregate base, curb and gutter, cold planing, saw cutting, 4" Portland Cement Concrete, stumped and colored concrete median, street lighting, pavement striping and marking, traffic control, protection and restoration of existing improvements. The work also includes all labor, material, equipment and transportation necessary for the project. (Director of Public Works) Staff recommendation: Council adopt the resolution. 3 A. RESOLUTION NO. 2001-086, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA IMPLEMENTING THE "PAYING AND REPORTING THE VALUE OF EMPLOYER-PAID CALIFORNIA PUBLIC EMPLOYEE RETIREMENT SYSTEM (CALPERS) MEMBER CONTRIBUTIONS" (EPMC) FOR FIRE SAFETY MEMBERS B. RESOLUTION NO. 2001-087, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA IMPLEMENTING THE "PAYING AND REPORTING THE VALUE OF EMPLOYER-PAID CALIFORNIA PUBLIC EMPLOYEE RETIREMENT SYSTEM (CALPERS) MEMBER CONTRIBUTIONS" (EPMC) FOR POLICE SAFETY MEMBERS Both the Memorandum of Understanding between the International Association of Firefighters Local 2180 and the City of Chula Vista that was reached in September 1998, and the amended Memorandum of Understanding that was reached with the Chula Vista Police Officers Association in December 2000, include provisions that the City will pay and report normal CalPERS member contributions as additional compensation, effective July 1, 2001, and July 1, 2004, respectively. Adoption of these resolutions is a necessary step in meeting those obligations. (DirectorofHumanResoumes) Staff recommendation: Council adopt the resolutions. 4 A. RESOLUTION NO. 2001-088, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING CHANGE ORDERS FOR F.J. WILLERT FOR $143,989 AND ROEJACK ROOFING FOR $216,305, BOTH ASSOCIATED WITH THE CONSTRUCTION OF THE PUBLIC WORKS OPERATIONS FACILITY AND CORPORATION YARD, AND AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE SAID CHANGE ORDERS Page 2 - Council Minutes 04/03/01 CONSENT CALENDAR (Continued) B. RESOLUTION NO. 2001-089, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE BIDDING PROCESS AND APPROVING A SPECIALTY CONTRACT WITH INTERCLEAN EQUIPMENT, INC., IN THE AMOUNT OF $124,705 FOR THE DRIVE-THROUGH TOUCHLESS WASHER EQUIPMENT, AND AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE SAID SPECIALTY CONTRACT AGREEMENT On September 26, October 17, October 20, October 24 and November 14, 2000 Council approved the award of multiple contracts for the construction of the Corporation Yard project. Highland Partnership, Inc., the City's Construction Manager, along with City Staff, have been overseeing the construction work. Adoption of the resolutions will 1) approve change orders for F.J. Willert for $143,989, and Roejack Roofing for $216,305, and authorize Staff to execute said change orders and 2) waive the bidding process and approve a specialty contract agreement with Interclean Equipment, Inc., in the amount of $124,705, for the drive-through Touchless washer equipment. Following adoption of the resolutions, the total value of change orders approved to date for the construction of the Corporation Yard project is $635,818. (Director of Public Works) Staff recommendation: Council adopt the resolutions. 5. RESOLUTION NO. 2001-090, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAiVING THE FORMAL BIDDING PROCESS, APPROVING AN AGREEMENT BETWEEN THE CITY AND BAHMAN SHEIKH, PH.D., P.E., FOR PREPARATION OF REPORTS AND ANALYSES OF WATER CONSERVATION MEASURES FOR THREE DEVELOPMENT PROJECTS AND CONTINUED WORK ON THE DEVELOPMENT OF GRAY WATER SYSTEMS, AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT AND AMENDING THE FISCAL YEAR 2000/2001 BUDGET BY APPROPRIATING $50,000 TO THE DEPARTMENT OF PUBLIC WORKS, ENGINEERING DIVISION, FROM THE AVAILABLE FUND BALANCE OF THE SPECIAL SEWER FUND (4/STHS VOTE REQUIRED) Staff is in the process of formulating guidelines for the preparation and implementation of Water Conservation Plans (WCP's) as required by the City's Growth Management Ordinance. This effort involves an analysis of technical water-saving devices, development of standards for gray water and expanded recycled water systems, cost/benefit analysis of additional water conservation measures beyond those currently mandated in three pending development projects, and continued efforts to develop a gray water pilot demonstration project. Specialized consultant services are needed to accomplish this task. (Director of Planning and Building/Director of Public Works) Staff recommendation: Council adopt the resolution. ACTION: Councilmember Rindone moved to approve staff recommendations and offered the Consent Calendar, headings read, texts waived. The motion carried 5-0. Page 3 - Council Minutes 04/03/01 ORAL COMMUNICATIONS Amy Richter, 2112 Hamden Drive, expressed concerns with regard to the proposed SR-125 construction project. She explained that in speaking with the CEO of Califomia Transportation Ventures, the consortium of developers building the investment, she was assured that the grade of the toll road behind the residents' homes would be lowered and that the road would be no more than four to six lanes. A CalTrans map, however, clearly indicates that the proposed toll road will be at eye level with the residences and graded to ten lanes. She reported that neighbors who purchased their homes in 1988 and 1989 had been informed that SR-125 would not be built until the year 2015; they were not informed that the schedule could be moved forward or that the road would be as large as now proposed. She asked for additional mitigation measures for the project. Councilmember Rindone asked staff to provide Ms Richter with written comments regarding her questions and concerns. Mayor Horton asked that a community meeting be scheduled with the Council, residents who will be directly impacted by SR-125, and key individuals from the agencies involved in the project. Deputy Mayor Davis reported that she had visited with Amy Richter and other residents on Hamden Drive and believed that the proposed SR-125 was too close to the existing homes. She stated that she would be meeting with staff and CTV to explore altematives. Councilmember Rindone stated that he had also met with Ms. Richter and believed it was important to address impacts that the proposed SR-125 may have on neighborhoods. PUBLIC HEARINGS 6. REVIEW OF THE CITY OF CHULA VISTA COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM AND THE HOME iNVESTMENT PARTNERSHiP (HOME) PROGRAM WHICH INCLUDES CONSIDERATION OF FUNDING REQUESTS FOR PUBLIC SERVICES, COMMUNITY PROJECTS, ECONOMIC DEVELOPMENT, CAPITAL IMPROVEMENT, AND ADMINISTRATION AND PLANNING Each year the City undertakes a process to solicit and approve programs and projects eligible for federal funding. This item addresses the review of the annual Community Development Block Grant (CDBG) program and the HOME Investment Partnership (HOME) program. The public hearing provides an opportunity for the public and Council to make comments on how CDBG and HOME funds can be allocated to meet the City's housing and community needs. (Director of Conununity Development) 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. Senior Commtmity Development Specialist Atwood stated that approximately 34 organizations would be presenting their funding requests and that staff would return to Council on May 1, 2001, with funding recommendations. Page 4 - Council Minutes 04/03/01 PUBLIC HEARINGS (Continued) Mayor Horton opened the public heating, and the following persons spoke on behalf of their social services programs and CDBG funding requests: Sara Matta, United Way of San Diego Perla Bransburg, Chula Vista Youth Services Network Dennis Doyle, Sharp HealthCare Foundation Mary Jo Buettner, Chula Vista Coordinating Council/Youth Policy/Child Care Colleen Fleming, Chula Vista Aquatic Association Priscilla Alvarez, From the Inside Out Karen Amoroso, South Bay Senior Collaborative Carolyn Reilly, EIder Law & Advocacy Bill Molina, The Salvation Army Stephen Arends, Chula Vista Veterans Home Support Foundation Thomas Herman, Chula Vista Coordinating Council Ann Perry, Lutheran Social Services Kathie Lembo, Chula Vista Family Violence Donald Lynn, Thursday's Meal Mauricio Torre, South Bay Community Services - Graffiti Edward Nagorski, County Mobilehome Positive Action Committee Sylvia Evans-McKinney, Suits You San Diego Gustavo Perez, South County Economic Development Council Kyla Winters, Alpha Project for the Homeless Diane Edwards-LiPera, Southwestern College Emma Sepulveda, Caring Neighbor Kath~n Lembo, SBCS Community Development Program Jose Franco/Craig Frederickson, MAAC Project Elizabeth Iniguez, SBCS Teen Center Gunnar Schalin/Rita Cordova, Southwestern College/Contracting Opportunities Center John Clingan/Emerald Randolph, Boys and Girls Club Craig Frederickson/Jorge Pan'a, MAAC Project Jeff Marold/Maria Bueza, Scripps Otay Family Health Center Brant Toogood, Chula Vista American Little League South Bay Family YMCA John Thelen, Regional Task Fome on the Homeless Mary Scott Knoll, Fair Housing Council There being no one else from the audience wishing to speak, Mayor Horton closed the hearing. Councilmember Padilla encouraged staff to identify areas where duplicity of services exists in the social services component and encourage applicants to work collaboratively, and to encourage applicants to provide more detailed program descriptions along with their applications. With regard to the MAAC Project weathering facility, he said he was not sure that the City should provide 100 percent of the funding. Councilmember Salas suggested that the Southwestern College Contracting Opportunities Center link its program with the City's Purchasing or Public Works Divisions in order to assist small businesses with competitive bidding processes. Page 5 - Council Minutes 04/03/01 PUBLIC HEARINGS (Continued) -- Councilmember Rindone pointed out that the goal of the program is not to provide permanent funding for any of the programs, and he asked staff, when reviewing funding requests, to keep in mind the three-year-limit guideline. He then listed the programs he believed should be given funding priority and commented that agencies outside the area should not be a high priority, since funding should be of direct benefit to participants in the local community. ACTION: Mayor Hotton indicated her funding priorities and then moved to accept the staff report and direct staff to return on or about May 1, 2001, with ilna] funding recommendations. The motion carried 5-0. 7. CONSIDERATION OF ADOPTION OF AN URGENCY ORDINANCE AND A NEW ORDINANCE AMENDING CITY ORDINANCES 1670, 2507, AND 2509; AND AMENDiNG CHAPTERS X (BUILDING AND HOUSiNG), XIV (PLANNING), AND XV (FIRE) OF THE CITY'S MASTER FEE SCHEDULE The staff report and its recommendations are the culmination of a comprehensive review of all fees related to building permitting, inspection and plan check services provided by the City. This review was undertaken due to recent, significant changes in the pace of development in eastern Chula Vista, staffing, staff compensation, and changes in operations and automation. The review has resulted in proposed fee changes for building permits and related activities. The proposed fee schedule was developed based on current operations, development volume and service provision costs, and spreads these costs - equitably to those receiving the City services. Although some of the proposed fees are higher than those currently charged (based on the costs of providing these services), adoption of the ordinances cumulatively lowers fees by between $1 million and $1.4 million dollars on an annual basis when compared to the current fee schedule. (Director of Planning and Building/Director of Budget and Analysis) 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. Director of the Office of Budget and Analysis Fruchter presented the scope of the study undertaken, the methodology used, and the recommendations to simplify the fee schedule, discount fees for critical residential permits, and add new fees for plan review and inspection of sprinkler, fire alarm and hood suppression systems. The impacts would include a large reduction in fees for residential housing tracts and apartments, a moderate increase in fees for custom homes, remodels and minor permits such as water heaters, patio covers and retaining walls, and a slight increase in fees for commercial and industrial development. She stated that the Building Industry Association and the Board of Appeals and Advisors endorsed the recommendations Councilmember Rindone stated that he had been told that sometimes inspections that have been paid for are not always performed. Assistant Director of Building & Planning Remp replied that it is the applicant's responsibility to call for a final inspection, and he believed that homeowners are not always aware of that fact. Councilmember Rindone stated that, for safety reasons, there needs to be a method to inspect some of the routine water heater installations, since he was not confidant that water heater installation companies were telling their customers to request final inspections. Page 6 - CouncilMinutes 04/03/01 PUBLIC HEARINGS (Continued) Deputy Mayor Davis asked what method was used to follow up on final inspections. Mr. Remp responded that the City had implemented an automated system that signals inspection due dates and generates reminders to be sent to the applicants. Councilmember Salas suggested the formation of an agreement with reputable companies to certify that their installations are in compliance with code requirements. Mr. Remp responded that staff would survey other jurisdictions to see if any had successful experience with similar programs. Mayor Horton opened the public heating and asked if anyone from the audience wished to speak. Jency Livingstone, 6336 Greenwich Drive, Suite A, San Diego, 92122, representing the Building Industry Association, commended staff on the study. There being no one else wishing to speak, Mayor Horton closed the public heating. ACTION: Mayor Horton offered Urgency Ordinance No. 283 l-A, and Ordinance No. 2831- B for first reading, headings read, texts waived: A. URGENCY ORDINANCE NO. 2831-A, URGENCY ORDiNANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING ORDINANCE 1670, RELATING TO SIGN PERMIT AND PLAN REVIEW FEES; AMENDiNG ORDiNANCES 2507 AND 2509 RELATING TO PLAN REVIEW FEES FOR BUILDiNG AND MECHANICAL WORK RESPECTIVELY; AND AMENDING CHAPTERS X (BUILDiNG AND HOUSING), XIV (PLANNING), AND XV (FIRE) OF THE CITY'S MASTER FEE SCHEDULE (4/5THS VOTE REQUIRED) B. ORDINANCE NO. 2831, ORDiNANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDiNG ORDINANCE 1670, RELATING TO SIGN PERMIT AND PLAN REVIEW FEES; AMENDING ORDINANCES 2507 AND 2509 RELATING TO PLAN REVIEW FEES FOR BUILDiNG AND MECHANICAL WORK RESPECTIVELY; AND AMENDiNG CHAPTERS X (BUILDING AND HOUSING), XIV (PLANNiNG), AND XV (FIRE) OF THE CITY'S MASTER FEE SCHEDULE The motion carried 5-0. 8. CONSIDERATION OF ADOPTION OF A RESOLUTION AMENDING THE MASTER FEE SCHEDULE RELATED TO PARKLAND ACQUISITION FEES AND PARKLAND DEVELOPMENT FEES FOR NEIGHBORHOOD PARK AND COMMUNITY PARK REQUIREMENTS Page 7 - Council Minutes 04/03/01 PUBLIC HEARINGS (Continued) In-lieu fees, known as Park Acquisition and Development (PAD) fees, were last increased by the City Council in April 1991, and, since that time, costs for developing parks has risen substantially. In order to bring the fees in line with the most current fee structure, the Parks & Recreation Department has calculated the increase by using the Engineering News Record as the basis for the per acre fee increase. (Director of Parks and Recreation) 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. Director of Parks and Recreation Campbell stated that staff had reviewed the document with all the major developers and the building industry. Councilmember Rindone commented that future such documents should also be reviewed by the Parks and Recreation Commission. Mayor Horton opened the public heating. Craig Fukuyama, 2727 Hoover, National City, representing McMillin Land Development, spoke in support of the proposed fee increases and also suggested that staff review the land acquisition component of the fees to ensure that they reflect the actual costs of land being provided. Jerry Livingstone, 6336 Greenwich Drive, Suite A, San Diego, representing the Building Industry Association, expressed concern regarding the need for an annual fee increase and hoped that the fee package would be considered an ongoing process. He requested that the Park Master Plan be implemented as soon as possible so as to address the appropriate issues that would be paid for with the fees. With no further members of the public wishing to speak, Mayor Horton closed the public hearing. Deputy Mayor Davis asked if land acquisition costs would be reviewed. Parks and Recreation Director Campbell responded that the costs would be reviewed in conjunction with the Parks Master Plan, which will be presented to Council at a future date, and for an annual adjustment thereafter. Mayor Horton stated that there is a critical need for fee increases in order to create additional recreation facilities for families in the community. ACTION: Councilmember Rindone offered Resolution No. 2001-091, heading read, text waived: RESOLUTION NO. 2001-091, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE MASTER FEE SCHEDULE RELATED TO PARKLAND ACQUISITION FEES AND PARKLAND DEVELOPMENT FEES FOR NEIGHBORHOOD PARK AND COMMUNITY PARK REQUIREMENTS The motion carried 5-0. Page 8 - Council Minutes 04/03/01 OTHER BUSINESS 9. CITY MANAGER'S REPORTS There were none. 10. MAYOR'S REPORTS There were none. 11. COUNCIL COMMENTS Councilmember Rindone asked that the City Attomey's Office be directed to develop an Ordinance that would provide consequences for anyone, including students, parents, and staff members, who knowingly disseminates rumors, information, or shares false information which may jeopardize the safety or security of students or staff in any schools. He believed that it was incumbent upon the City to implement such an ordinance to be posted at school entrances. CLOSED SESSION 12. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(A) · Rolfe v. CTV (GIC 748687) Miller, et al. v. City of Chula Vista (GIC 758186) · Sanchez-Serrano, et al. v. City of Chula Vista (GIC 743890) The item was not discussed. 13. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(B) · One Case No action was taken. 14. CONFERENCE WITH LEGAL COUNSEL REGARDING INITIATION OF LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(C) · One Case ACTION: Direction was given to Counsel. ADJOURNMENT At 7:45 p.m., Mayor Horton adjourned the meeting to the Regular Meeting of April 10, 2001, at 6:00 p.m.. Respectfully submitted, Susan Bigelow, CMC, AAE, City Clerk Page 9 - Council Minutes 04/03/01