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
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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
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