HomeMy WebLinkAboutcc min 2001/07/10 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF CHULA VISTA
July 10, 2001 6:00 P.M.
A Regular Meeting of the City Council of the City of Chula Vista was called to order at 6:03
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,
BOB BLACKWELDER, PROGRAMMER/ANALYST (MANAGEMENT AND
INFORMATION SERVICES)
Management and Information Services Director Vignapiano introduced Employee of the Month
Bob Blackwelder, and Mayor Horton presented him with a proclamation.
· PRESENTATION OF A PROCLAMATION TO MARIE CRUZ, PRESIDENT OF THE
PACIFIC ISLANDER FESTIVAL ASSOCIATION, PROCLAIMING JULY 14 AND
JULY 15, 2001 AS PACIFIC ISLANDER FESTIVAL DAYS
Mayor Horton read the proclamation, and Deputy Mayor Davis presented Marie Cruz with a
proclamation. Ms. Cruz invited the Council and public to attend the Pacific Islander Festival on
July 14th and 15th.
· PRESENTATION BY DAVID PALMER, DEPUTY CITY MANAGER, OF A CIVIC
CENTER BRANCH LIBRARY 25T" ANNIVERSARY COMMEMORATIVE
CALENDAR
Deputy City Manager Palmer announced the upcoming celebration of the 25th anniversary of the
Civic Center public library. He presented the Council with commemorative calendars and
invited the Council and the public to attend the celebration on July 15th.
CONSENT CALENDAR
(Items 1 through 7)
Mayor Horton noted that a member of the public wished to discuss Item No. 2B, and the item
was removed from the Consent Calendar for separate consideration.
1. APPROVAL OF MINUTES of June 5, June 11, June 12, June 13, and June 19, 2001.
Staff recommendation: Council approve the minutes.
2. WRITTEN COMMUNICATIONS
A. Letter from the City Attorney stating that he disclosed during open session on
June 19, 2001 that he was authorized to file a petition with the California Energy
Commission over approval of RAMCO Unit 2, and to the best of the his
knowledge, from observance of actions taken in Closed Session, there were no
other actions taken which are required under the Brown Act to be reported.
Staff recommendation: The letter be received and filed.
C. Memorandum from Councilmember Rindone requesting an excused absence for
the meeting of July 17, 2001, when he will be out of town on City business.
Staff recommendation: The request be granted.
3. ORDINANCE NO. 2838, ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING THE ZONING MAP ESTABLISHED BY SECTION
19.18.010 OF THE MUNICIPAL CODE BY REZON1NG FRIENDSHIP PARK FROM
C-O (ADMINISTRATIVE AND PROFESSIONAL OFFICE ZONE) TO P-Q
(PUBLIC/QUASI-PUBLIC ZONE) (SECOND READING AND ADOPTION)
This City-initiated request rezones Friendship Park from C-O (Administrative and
Professional Office Zone) to P-Q (Public/Quasi-Public Zone) for the purpose of
reflecting the existing land use of the property. The rezoning is consistent with the
General Plan, brings the property into compliance with Title 19 of the Municipal Code,
and amends the Zoning Map. The proposed P-Q zone classification includes public parks
as a permitted use. The ordinance was first read on June 19, 2001. (Director of
Community Development)
Staff recommendation: Council place the ordinance on second reading for adoption.
4. RESOLUTION NO. 2001-205, RESOLUTION OF THE CITY COUNCiL OF THE
CITY OF CHULA VISTA APPROPRIATING FUNDS, TRANSFERRING FLFNDS,
ACCEPTING BIDS AND AWARDING CONTRACT FOR THE SEWER
REHABILITATION PROGRAM-PHASES IX & X (PROJECT SW-222), AND
AUTHORIZING STAFF TO INCREASE VALUE OF CONTRACT TO EXPEND ALL
AVAILABLE FUNDS FOR THIS PROJECT (4/5THS VOTE REQUIRED)
Page 2 - Council Minutes 07/10/01
CONSENT CALENDAR (Continued)
On June 6, 2001, the Director of Public Works received sealed bids for phases IX and X
of the sewer rehabilitation program (Project SW-222). The work to be done includes the
replacement of existing broken sewer mains and laterals, installation of pipe lining to
repair cracked sewer lines, repairing sewer manholes, replacing sewer manhole rings and
lids, installing new 8" sewer main and 4" laterals, installing new sewer manhole and
sewer cleanout, trenching, and asphalt concrete pavement on various locations in the
City. The work also includes all labor, material, equipment, tools, transportation,
mobilization, traffic control, removal and disposal of existing improvements, protection
and restoration of existing improvements, and other miscellaneous work necessary for the
project. (Director of Public Works)
Staff recommendation: Council adopt the resolution.
5. RESOLUTION NO. 2001-206, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING CONTRACT FOR
THE LOCAL STREETS PAVEMENT RESURFACING (PROJECT STL-274)
On May 9, 2001, the Director of Public Works received sealed bids for the local streets
pavement resurfacing project (Project STL-274). The work to be done includes the
application of rubberized emulsion aggregate slurry seal, crack sealing, and other
miscellaneous items of work, and all labor, material, equipment, and transportation
necessary for the project. (Director ofPublic Works)
Staff recommendation: Council adopt the resolution and award the contract for $215,000
to American Asphalt Repair & Resurfacing Co., Inc. of Fontana, Califomia.
6 A. RESOLUTION NO. 2001-207, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING THE LOWEST RESPONSIVE BIDS AND
AWARDING CONTRACTS FOR THE RENOVATION AND EXPANSION WORK
ASSOCIATED WITH THE FUTURE PUBLIC WORKS OPERATIONS FACILITY
AND CORPORATION YARD, AND AUTHORIZING THE CITY MANAGER TO
EXECUTE SAID CONTRACTS
B. RESOLUTION NO. 2001-208, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING CHANGE ORDER TO PROFESSIONAL
SERVICES INDUSTRIES, INC. FOR $119,622 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 ORDER
Adoption of the first resolution accepts the lowest responsive bids and awards three
contracts covering some of the remaining trade work associated with the construction of
the Corporation Yard project. The total value of the three contracts is $264,230.
Adoption of the second resolution approves a change order to Professional Services
Industries, Inc. for $119,622 covering additional steel fabrication and welding inspection
and testing services associated with the construction of the Public Works Operations
Facility and Corporation Yard. (Director of Public Works)
Staff recommendation: Council adopt the resolutions.
Page 3 - Council Minutes 07/10/01
CONSENT CALENDAR (Continued)
7. RESOLUTION NO. 2001-209, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA EXTENDING THE AGREEMENT FOR CITYWIDE
STREET SWEEPING SERVICES WITH CANNON PACIFIC SERVICES ON A
MONTH-TO-MONTH BASIS FOR NOT MORE THAN THE PERIOD OF JULY 1,
2001 TO DECEMBER 31, 2001 AND AUTHORIZING THE MAYOR TO EXECUTE
THE AGREEMENT
On November 7, 2000, Council authorized the award of a street sweeping agreement with
Cannon Pacific Services (Cannon). Cannon was the second lowest respondent to a
request for proposals in 1997. Cannon agreed to meet the terms of the initial agreement
with modifications, including an increase in total miles to be swept, a monthly credit to
the City for flee disposal, and a consumer price index adjustment. Cannon also offered a
significant improvement in equipment and schedule that staff believes has resulted in
significantly better service to residents and businesses. Adoption of the resolution
extends the current agreement with Cannon on a month-to-month basis for a maximum of
six months. The extension will provide staff the time needed to complete the new bid
process. (Special Operations Manager)
Staff recommendation: Council adopt the resolution.
ACTION: Mayor Horton moved to approve staff recommendations and offered Consent
Calendar Items #1; #2A, #2C; and #3 through #7, headings read, texts waived.
The motion canied 5-0, except with regard to Items #1 and #3. The minutes of
June 5, 2001 were approved 4-0-1, with Deputy Mayor Davis abstaining due to an
excused absence; the minutes of June 12, 2001 were approved 4-0-1, with
Councilmember Padilla abstaining due to an excused absence; and Item #3 carried
4-0-1, with Councilmember Rindone abstaining due to a possible conflict of
interest since his residence may be within 500 feet of Friendship Park.
2. WRITTEN COMMUNICATIONS
B. Letter from K. Nick Slijk, on behalf of the residents on the west side of Vista
Nacion, requesting that the City adopt an ordinance prohibiting the planting of
vegetation or the building of structures which would impede the scenic views of
Chula Vista.
Chuck Bevan, 4432 Vista Nacion Drive, stated that pine trees planted over the past 15 years have
grown to obstruct the views, and discussions with neighbors regarding trimming, feathering, or
removing the trees have resulted in conflicts over privacy versus view protection issues. Mr.
Bevan pointed out that the same kind of trees are being planted in new EastLake developments,
and homebuyers who are paying premiums for view lots will find that the trees will eventually
block their views. He suggested that the City establish a mediation board to work with the
neighbors to resolve the problems and possibly avoid litigation.
Carolyn Monteverde, 4446 Vista Nacion Drive, stated that she has observed the same variety of
pine trees planted in new developments and that the trees create massive walls that obstruct
natural light and views. She suggested that staff look in to requiring altemative vegetation in the
new developments and stated that everyone needs to work cooperatively to maintain the views.
Page 4 - Council Minutes 07/10/01
CONSENT CALENDAR (Continued)
Mr. Slijk, 4450 Vista Nacion, referenced his letter and submitted photographs for review by the
Council. He stated that the pine trees are located on top of the bank rather than at the property
level. He believed that the City could adopt an enforceable Ordinance, and he asked for
Council's assistance in restoring the views. He added that the residents would be willing to
contribute financially to get their views back.
Deputy Mayor Davis stated that she had visited the site and that it was unfair to allow the
subdivision to block the views of the neighbors when the subdivision was lowered to protect the
views in the first place. She believed that the City needed to find a way to mediate or arbitrate
the situation.
Councilmember Rindone suggested that the item be deferred to provide staff an opportunity to
dialog with the residents, that the area be included in the next Council tour, and that
consideration be given to prohibiting trees from being planted at the top of sloping properties.
ACTION: Councilmember Rindone then moved to direct staff to look at providing
assurances in future developments that trees would not be planted at the top of
sloping properties; and to continue the item to a future agenda to give the Council
an opportunity to tour the area and staff an opportunity to communicate with the
residents. Councilmember Davis seconded the motion, and it carried 5-0.
ORAL COMMUNICATIONS
Peter Watry, 81 Second Avenue, stated that since Port Commissioner Malcolm had been a
consultant to Duke Energy, the City would not have a representative at the Port District table to
vote on issues conceming Duke Energy for at least a year. In addition, Mr. Malcolm is facing
legal problems related to conflict of interest. Mr. Watry pointed out that this is an important time
for Chula Vista to be represented on the Port Board, and he recommended that Mr. Malcolm
either resign or be placed on a temporary leave of absence until his legal issues have been
resolved.
ACTION ITEMS
8. RESOLUTION NO. 2001-210, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROV1NG PARTICIPATION iN THE LEASE-
PURCHASE PROGRAM
The goal of the lease-purchase program is to assist homebuyers who earn up to 140% of
the area median income and who might have credit issues or not enough money for the
down payment and closing costs required to purchase a home in a standard purchase
transaction. (Director of Community Development)
Housing Coordinator Arroyo stated that the program is part of continuing efforts by the City to
assist homebuyers with ownership opportunities and affordable housing.
Councilmember Padilla left the dais at 6:42 p.m.
Page 5 - Cotmcil Minutes 07/10/01
ACTION ITEMS (Continued)
Councilmember Rindone requested a memo from staff showing a sliding scale by the number of
family members per household and the maximum income level to qualify for the program.
ACTION: Mayor Horton offered Resolution No. 2001-210, heading read, text waived. The
motion carried 4-0-1 with Councilmember Padilla absent.
Cotmcilmember Padilla returned to the dais at 6:44 p.m.
9. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT (FEIR),
ADOPTING THE FINDINGS OF FACT, APPROVING THE CONSTRUCTION OF
THE FIRST PHASE OF THE SALT CREEK GRAVITY SEWER INTERCEPTOR
The Salt Creek gravity sewer interceptor is a 12.5-mile sewer pipeline currently being
designed to serve the developments within the Salt Creek Basin. In addition, this trunk
line will also convey flows from the Poggi Canyon and the Wolf Canyon trunk sewers.
Since this facility will ultimately serve three of the four basins in the eastern portion of
the City, the sewer line is a major component of the development planning for the eastern
portion of the City. As part of the environmental review process to analyze potential
environmental impacts resulting from the construction of this facility, an Environmental
Impact Report was prepared for the project. This document was reviewed by the
Planning Commission on June 13, 2001, and, upon completion of its review, the
Commission determined that the Final Environmental Impact Report (FElt() was
complete and recommended that Council certify the FEIR and adopt the Findings of Fact.
(Director of Public Works)
ACTION: Councilmember Rindone moved to continue this item to the meeting of July 17,
2001. Deputy Mayor Davis seconded the motion, and it carried 5-0.
PUBLIC HEARINGS
10. CONSIDERATION OF THE FINAL SUBSEQUENT ENVIRONMENTAL IMPACT
REPORT (EIR-01-01) AND ITS ATTENDANT ADDENDUM, CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) FINDINGS OF FACT, STATEMENT
OF OVERRIDING CONSIDERATIONS AND MITIGATION MONITORING AND
REPORTING PROGRAM FOR THE EASTLAKE Ill REPLANNING PROGRAM
Pursuant to the California Environmental Quality Act, a Subsequent EIR has been
prepared for the EastLake III project that analyzes the environmental impacts of the
proposed project. Council action on the certification of the Subsequent E1R must be
taken prior to action on the EastLake III project. The Subsequent EIR for EastLake III
must be considered by the Council in making the decision on the project. (Director of
Planning and Building)
Page 6 - Council Minutes 07/10/01
PUBLIC HEARINGS (Continued)
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
CERTIFYING THE FINAL SUBSEQUENT ENVIRONMENTAL IMPACT
REPORT (FEIR 01-01) FOR THE EASTLAKE III WOODS AND VISTAS
REPLANNING PROGRAM WITH ITS ATTENDANT ADDENDUM;
MAKING CERTAIN FINDINGS OF FACT; ADOPTING A STATEMENT OF
OVERRIDING CONSIDERATIONS; AND ADOPTING A MITIGATION
MONITORING AND REPORTING PROGRAM PURSUANT TO THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT
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.
Mayor Horton opened the public heating and asked if anyone from the audience wished to speak;
there was no response.
ACTION: Mayor Horton continued Item #10 to the meeting of July 17, 2001.
11. CONSIDERATION OF APPROVAL OF GPA-01-07, PCM-01-26, AND PCM-00-19,
APPLICATIONS FILED BY THE EASTLAKE COMPANY INVOLVING 1,030
ACRES KNOWN AS EASTLAKE III, 455 ACRES KNOWN AS THE EASTLAKE
TRAILS, AND 108 ACRES KNOWN AS THE "SOUTHERN LAND SWAP" PARCEL
The applications filed by The EastLake Company request approval of the third and final
development phase of EastLake, which involves two residential neighborhoods known as
the Woods and Vistas and an elongated lot referred to as the "panhandle" parcel.
Combined, the Woods and Vistas encompass 748 acres, with a capacity for 2,061
dwelling units and support land uses such as parks, schools, recreation trails, a fire
station, open space and other amenities. The proposed land plan redistributes the same
land uses and residential densities previously adopted for this area in a more
comprehensive and detailed land plan. The rearrangement of land uses and changes in
densities and permitted number of dwelling units require an amendment to the City's
General Plan and the existing EastLake III General Development Plan, as well as
adoption of a new Sectional Planning Area (SPA) plan to provide development
parameters and design standards. The applications also include amendments to the
parameters and design standards, and to the existing Eastlake II General Development
Plan, EastLake Greens and EastLake Trails SPA plans, and associated regulatory
documents to modify the adopted Comprehensive Affordable Housing Program and
Community Purpose Facilities Master Plan. (Director of Planning and Building)
A, ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE PLANNED COMMLrNITY DISTRICT REGULATIONS
AND LAND USE DISTRICT MAP FOR 748 ACRES, COMMONLY KNOWN
AS THE EASTLAKE III SECTIONAL PLANNING AREA (SPA) PLAN,
LOCATED EAST OF THE EASTLAKE BUSINESS CENTER AND SALT
CREEK OPEN SPACE CORRIDOR, BETWEEN THE FUTURE ALIGNMENT
OF PROCTOR VALLEY ROAD AND OLYMPIC PARKWAY
Page 7 - Cotmcil Minutes 07/10/01
PUBLIC HEARINGS (Continued) --
B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING AMENDMENTS TO THE CHULA VISTA GENERAL PLAN,
EASTLAKE II AND III GENERAL DEVELOPMENT PLANS, EASTLAKE
GREENS AND EASTLAKE TRAILS SECTIONAL PLANNING AREA (SPA)
PLANS, ADOPTING A NEW SECTIONAL PLANNING AREA PLAN AND
ASSOCIATED REGULATORY DOCUMENTS FOR 748 ACRES, KNOWN
AS EASTLAKE III, AND LOCATED EAST OF THE EASTLAKE BUSINESS
CENTER AND THE SALT CREEK OPEN SPACE CORRIDOR, BETWEEN
THE FUTURE ALIGNMENT OF PROCTOR VALLEY ROAD AND THE
SOUTHERN END OF WUESTE ROAD
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.
Mayor Horton opened the public heating and asked if anyone from the audience wished to speak.
There was no response.
ACTION: Mayor Horton continued Item #11 to the meeting of July 17, 2001.
OTHER BUSINESS
12. CITY MANAGER' S REPORTS
There were none. '
13. MAYOR'S REPORTS
A. Ratification of reappointments to the following boards, committees and
commissions:
· Charter Review Commission - Barbara McAllister, David Potter
· Child Care Commission - Debora Munoz, Helga Rindone
· Civil Service Commission - Frank Chidester
· Commission on Aging - Martha Doiron
· Cultural Arts Commission - A1 Gore
· Design Review Committee - Alfredo Araiza, Peter Morlon
· Economic Development Commission - Dan Hom, Nate Rubin, Robert Villareal
· Board of Ethics - Juan Gonzales
· Growth Management Oversight Commission - Rafael Munoz
· Housing Advisory Commission - Theresa Ahamed, Joanne Clayton
· Library Board of Trustees - Tris Hubbard
· Mobilehome Rent Review Committee - Edmond LaPierre (Ex-officio), Thomas
Teagle
· Planning Commission - Russ Hall, Kevin O'Neill
· Resoume Conservation Commission - Charles Bull, Teresa Thomas
· Safety Commission - Bob McAllister
· Veterans Advisory Commission - Stephen Milikan -
Page 8 - Council Minutes 07/10/01
OTHER BUSINESS (Continued)
ACTION: Mayor Horton moved to ratify the above-mentioned reappointments. Deputy
Mayor Davis seconded the motion, and it carded 5-0, except for the Child Care
Commission reappointments, which were approved 4-0-1 with Councilmember
Rindone abstaining.
B. Consideration of designation of a voting delegate and altemate for the annual
League of California Cities conference to be held in Sacramento, September 12
through September 15, 2001.
ACTION: Mayor Horton moved to designate Deputy Mayor Davis as voting delegate for the
annual League of California Cities conference. Councilmember Padilla seconded
the motion, and it carded 5-0.
14. COUNCIL COMMENTS
Councilmember Salas asked the City Attorney to provide a written report to Council explaining
the limitations and options relative to actions that the Council could take regarding David
Malcolm's position as Port Commissioner. She stated that the City currently has no voice on
matters related to the South Bay power plant or Duke Energy, matters which affect everyone in
Chula Vista in a profound way, and the people of Chula Vista have, in effect, been
disenfranchised by the lack of representation. Councilmember Salas explained that it was not
her intent to imply any wrongdoing on the part of Mr. Malcolm with respect to conflicts of
interest, a matter that must be considered and decided in the courts. The sole issue is whether or
not the City has lost its representation on a matter that is important to its future. She said she
hoped that Port Commissioner Malcolm would view the matter in the context that the people of
Chula Vista are being deprived of representation and that he would voluntarily resign without
controversy.
Mayor Horton stated that it is important to recognize that we live in a democracy where people
are innocent until convicted of a criminal action, which, she stated, was not the case being
discussed. She mentioned that Councilmember Salas may have either a legal or perceived
conflict of interest, since the HMO by whom she is employed is located adjacent to the Duke
energy plant, which might result in only four Councilmembers being able to vote on issues
concerning the plant. Mayor Horton explained that a similar situation exists on the Port
Commission. Seven members provide collective representation, and even though only one is
designated as a representative of Chula Vista, all members have a responsibility to make the
proper decisions on behalf of the public.
CLOSED SESSION
15. CONFERENCE WITH LABOR NEGOTIATOR PURSUANT TO GOVERNMENT
CODE SECTION 54957.6
· City Negotiator: City Manager
· Employee Organizations: Chula Vista Employees Association
No reportable action was taken.
Page 9 - Council Minutes 07/10/01
CLOSED SESSION (Continued)
16. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE
TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(B)
One case
No reportable action was taken.
17. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION
PURSUANT TO GOVERNMENT CODE SECTION 54956.9(A)
· City of Chula Vista v. Barnhart Construction (SDSC GIS 3859)
This item was not discussed.
ADJOURNMENT
At 9:00 p.m., Mayor Horton adjourned the meeting to the Regular Meeting of July 17.
Respectfully submitted,
Susan Bigelow, CMC/AAE, City Clerk
Page 10 - Council Minutes 07/10/01