HomeMy WebLinkAboutcc min 2001/06/05 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF CHULA VISTA
June 5, 2001 4:00 P.M.
A Regular Meeting of the City Council of the City of Chula Vista was called to order at 4:10
p.m. in the Council Chambers, located in the Public Services Building, 276 Fourth Avenue,
Chula Vista, California.
ROLL CALL:
PRESENT: Councilmembers: Padilla, Rindone, Salas, and Mayor Horton
ABSENT: Councilmembers: Deputy Mayor Davis (excused)
ALSO PRESENT: City Manager Rowlands, Senior Assistant City Attorney Moore,
and City Clerk Bigelow
PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE
SPECIAL ORDERS OF THE DAY
The following item was added to Special Orders by Mayor Horton:
· WINNER OF NATIONAL ESSAY CONTEST, MELISSA COYLE
Mayor Horton recognized Melissa Coyle, winner of a national essay contest. Ms. Coyle read her
essay titled, "If You Were the Leader of your Country, What Would You Change and Why?"
° EMPLOYEE OF THE MONTH - BYRON WADE, SENIOR PUBLIC WORKS
INSPECTOR
Public Works Director Lippitt introduced Byron Wade, employee of the month, and Mayor
Horton presented him with a certificate of appreciation.
· OATH OF OFFICE: STEVE PALMA - COMMISSION ON AGING
City Clerk Bigelow administered the oath, and Councilmember Rindone presented Mr. Palina
with a certificate of appointment.
· OATH OF OFFICE: RUDY RAMIREZ - BOARD OF ETHICS
City Clerk Bigelow administered the oath, and Councilmeinber Rindone presented Mr. Ramirez
with a certificate of appointment.
SPECIAL ORDERS OF THE DAY (Continued)
· PRESENTATION OF A PROCLAMATION PROCLAIMING JUNE 2 THROUGH
JUNE 10, 2001 AS NATIONAL HOME OWNERSHIP WEEK TO CHRIS
SALOMONE, DIRECTOR OF COMMUNITY DEVELOPMENT AND FRANK
RILEY, HOUSING AND URBAN DEVELOPMENT REPRESENTATIVE
Mayor Horton read the proclamation, and Councilmember Rindone presented copies to Messrs.
Salomone and Riley.
· PRESENTATION OF A CERTIFICATE OF RECOGNITION TO MAURICE ZISSEN,
CHULA VISTA HIGH SCHOOL SENIOR AND FIRST PLACE RECIPIENT IN THE
GREATER SAN DIEGO SCIENCE FAIR - BIO-MEDICAL RESEARCH
CATEGORY. INTRODUCTION BY CAROL RATTY, A JUDGE IN THE BIO-
MEDICAL RESEARCH CATEGORY
Mayor Horton congratulated Mr. Zissen on his accomplishments, and Councilmember Rindone
presented him with a certificate of recognition.
· PRESENTATION BY MARY JO BUETTNER OF THE CHULA VISTA
COORDINATING COUNCIL REGARDING SURVEY RESULTS FROM THE
ADOPT-A-BLOCK SURVEY
Ms. Buetmer introduced Heather Nemour, who explained the results of the Adopt-a-Block
survey. Mayor Horton thanked the participants for their valuable service to the community and
encouraged the group to apply for CDBG funds during the next application period.
CONSENT CALENDAR
(Items 1 through 11)
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 May 29, 2001, there were no
actions taken which are required under the Brown Act to be reported.
Staff recommendation: The letter be received and filed.
B. Memorandum from Deputy Mayor Patty Davis informing the Council that she
would be in Sacramento on June 5, 2001, and requesting an excused absence from
the City Council meeting.
Staff recommendation: The request be granted.
Page 2 - Council Minutes 06/05/01
CONSENT CALENDAR (Continued)
2. ORDINANCE NO. 2835, ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ESTABLISHING THE CITY OF CHULA VISTA AS A MUNICIPAL
UTILITY (SECOND READING AND ADOPTION)
A significant staff recommendation, which emerged as part of the overall energy strategy
plan discussed at the April 24, 2001 Council meeting, was for the City to take the initial
steps necessary to more specifically assess the costs and benefits of forming and
operating as a municipal utility. The first step in this process was to present an ordinance
establishing the City as a municipal utility. This ordinance had its first reading on May
29, 2001. (Director of Community Development)
Staff recommendation: Council adopt the ordinance.
3. RESOLUTION NO. 2001-166, RESOLUTION OF TI-IE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING CHANGE ORDER NUMBERS THREE AND
FOUR FOR THE ANIMAL SHELTER SIDEWALK IMPROVEMENTS AT BEYER
WAY AND FOURTH AVENUE (PROJECT ST-525), AND AUTHORIZING THE
DIRECTOR OF PUBLIC WORKS TO EXECUTE SAID CHANGE ORDERS ON
BEHALF OF THE CITY
On August 22, 2000, Council adopted Resolution No. 2000-305, awarding a contract in
the amount of $174,945 (,plus contingencies of $17,500) to Jiminez, Inc., dba MJC
Construction, for the animal shelter sidewalk improvements at Beyer Way and Fourth
Avenue (CIP Project No ST-525). Change Order Nos. 3 and 4 are for items of work not
originally included in the project design but necessary to complete the project in
accordance with City standards. Change Order No. 3, in the amount of $18,000, is for
underground utility relocation work, and Change Order No. 4, in the amount of $39,000,
is for the rehabilitation of three deteriorated corrugated metal pipes within areas of new
sidewalk and roadway improvements. (Director of Public Works)
Staff recommendation: Council adopt the resolution.
4. RESOLUTION NO. 2001-167, RESOLUTION OF TIIE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING CONTRACT FOR
THE PAVEMENT REHABILITATION PROGRAM (PROJECT STL-252)
On April 25, 2001, the Director of Public Works received sealed bids for the pavement
rehabilitation program (Project STL-252). The work to be done includes removal and
repaving of selected street areas, cold milling, crushed aggregate base, asphalt concrete
pavement overlay, hot-poured crack sealing, installation of pedestrian ramps, replacement
of traffic signal loop detectors, traffic control, pavement striping and marking, protection
and restoration of existing improvements, other miscellaneous items of work, and all
labor, material, equipment, and transportation necessary for the project. (Director of
Public Works)
Staff recommendation: Council adopt the resolution and award the contract to Frank and
Son Paving, Inc. of Chula Vista, California for $349,305.
Page 3 - Council Minutes 06/05/01
CONSENT CALENDAR (Continued)
5. RESOLUTION NO. 2001-168, RESOLUTION OF THE CITY COUNCIL OF ~
CITY OF CHULA VISTA GRANTING UNDERGROUND ELECTRIC AND
COMMUNICATION EASEMENT TO SAN DIEGO GAS & ELECTRIC (SDG&E) TO
ERECT, CONSTRUCT, CHANGE THE SIZE OF, IMPROVE, RECONSTRUCT,
RELOCATE, REPAIR, AND/OR MAINTAIN SDG&E FACILITIES AND
APPURTENANCES ACROSS CITY-OWNED PROPERTY LOCATED ADJACENT
TO HIGGINS STREET, BETWEEN STEINER DRIVE AND PASEO LADERA
WITHIN LOT 'P' OF CHULA VISTA TRACT NO. 90-07 SUNBOW PHASE 2A,
UNITS 8, 9, 10 AND 12, ACCORDING TO MAP NO. 14076, AND AUTHORIZING
THE MAYOR TO EXECUTE THE EASEMENT
SDG&E proposes to construct underground electrical and communication facilities and
appurtenances within City-owned property and is requesting an easement over a portion
of open space Lot "P" of Map No. 14076. The easement is for the installation, operation,
maintenance, replacement and repairs of electrical facilities, together with the right of
ingress and egress to and from the easement. (Director of Public Works)
Staff recommendation: Council adopt the resolution.
6. RESOLUTION NO. 2001-169, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AUTHORIZING THE CITY ENGINEER TO ISSUE
ENCROACHMENT PERMIT NO. PE-499 FOR THE ENCROACHMENT OF
SIDEWALKS, CONCRETE STEPS WITH HANDRAILS, ELECTRICAL WIRING,
AND LANDSCAPE AREA DRAINS OVER AN EXISTING TWENTY-FOOT PUBLIC
STORM DRAIN EASEMENT AT CIRCLE PARK IN EASTLAKE TRAILS
As part of the improvements within Circle Park, the EastLake Company is proposing to
build sidewalks, concrete steps with handrails, electrical wiring and landscape area drains
that partially encroach on an existing public storm drain easement. The company has
requested that the City grant an encroachment permit to allow a portion of the park
improvements to be built on top of the existing public storm drain easement. According
to Chapter 12.28 of the Municipal Code, Council must approve this request. (Director of
Public Works)
Staff recommendation: Council adopt the resolution.
7 A. RESOLUTION NO. 2001-170, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE FINAL "B" MAP FOR CHULA VISTA
TRACT NO. 96-04, OTAY RANCH SPA ONE, VILLAGE 5, NEIGHBORHOOD R-31,
TERMINATING AN EXISTING IRREVOCABLE OFFER OF DEDICATION OF FEE
INTEREST, ACCEPTING ON BEHALF OF THE CITY OF CHULA VISTA THE
ASSIGNABLE AND IRREVOCABLE GENERAL UTILITY AND ACCESS
EASEMENT, APPROVING A "B" MAP SUBDMSION IMPROVEMENT
AGREEMENT, AND AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT
Page 4 ~ Council Minutes 06/05/01
CONSENT CAI.F. NDAR (Continued)
B. RESOLUTION NO. 2001-171, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE SUPPLEMENTAL SUBDIVISION
IMPROVEMENT AGREEMENT FOR VILLAGE 5, NEIGHBORHOOD R-31 OF THE
OTAY RANCH PROJECT, AND AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT
Adoption of the resolutions approves the Final "B" Map for Neighborhood R-31 of Otay
Ranch Village 5 (CVT 96-04) and the associated agreements. Otay Ranch Three, LLC is
the current owner and developer of this property. On April 20, 1999, Council approved
the agreement for the financing and construction of Olympic Parkway and related
roadway improvements. Approval o£ the subject final maps is consistent with the
cumulative equivalent dwelling unit threshol~l established by said agreement. By
approving the Final "B" Map, Council terminates an existing Irrevocable Offer of
Dedication (IOD) for open space and other public purposes located within the Final "B"
Map. Final planning and design efforts slightly shifted around an open space lot,
requiring the IOD to be terminated and replaced with a new IOD on the Final "B" Map.
(Director of Public Works)
Staff recommendation: Council adopt the resolutions.
8. RESOLUTION NO. 2001-172, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING BIDS; REJECTING THE LOWEST BID DUE
TO INCOMPLETE BID PROPOSAL; AWARDING THE CONTRACT FOR THE
CORRUGATED METAL PIPE REHABILITATION AT VARIOUS LOCATIONS IN
THE CITY (PROJECT DR-152A) TO BERT SALAS, INC., IN THE AMOUNT OF
$78,735
On May 2, 2001, the Director of Public Works received sealed bids for the corrugated
metal pipe rehabilitation at various locations in the City (Project DR-152A). This project
provides for the replacement of two parallel existing 42-inch by 27~inch corrugated metal
pipe arches (CMPA) and a 22-inch by 13-inch CMPA. The double 42-inch by 27-inch
CMPA segment is located within a parking lot at 1251 Third Avenue, and the smaller
pipe crosses Moss Street, just east of Third Avenue. These old corrugated metal pipes
are deteriorating and in need of replacement. The work includes all labor, material,
equipment, transportation, protection and restoration, and traffic control necessary for
completion of the project. (Director of Public Works)
Staff recommendation: Council adopt the resolution.
9. RESOLUTION NO. 2001-173, RESOLUTION OF THE CITY COUNCIL OF TIlE
CITY OF CHULA VISTA ACCEPTING A $50,000 GRANT FROM THE COUNTY
OF SAN DIEGO FOR THE RENOVATION OF THE NATURE CENTER'S SHARK
AND RAY EXHIBIT (CIP #GG-176), AND AUTHORIZING THE MAYOR TO
EXECUTE THE AGREEMENT
The County of San Diego has responded to a request from the Chula Vista Nature
Center's Shark and Ray Experience Capital Campaign Committee to assist in the funding
of the new exhibit. (Nature Center Director)
Staff recommendation: Council adopt the resolution.
Page 5 - Council Minutes 06/05/01
CONSENT CALENDAR (Continued)
10. RESOLUTION NO. 2001-174, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING A $6,200 GRANT FROM THE COUNTY OF
SAN DIEGO FOR THE PURCHASE OF A UTILITY VEHICLE FOR THE CHULA
VISTA NATURE CENTER, AUTHORIZING THE MAYOR TO EXECUTE THE
AGREEMENT, AND APPROPRIATING FUNDS THEREFOR (4/5THS VOTE
REQUIRED)
The County of San Diego, in an effort to assist the Nature Center in conducting beach
clean-ups and general maintenance of the Nature Center property and proximate areas of
the refuge, has made available funds for the purchase of a John Deere Gator utility
vehicle. (Nature Center Director)
Staff recommendation: Council adopt the resolution:
11. RESOLUTION NO. 2001-175, RESOLUTION OF INTENTION OF THE CITY
COUNCIL OF THE CITY OF CHULA VISTA TO FORM A BUSINESS
IMPROVEMENT DISTRICT, PURSUANT TO THE PROPERTY AND BUSINESS
IMPROVEMENT DISTRICT LAW OF 1994
A petition drive to establish support for the cmati6n of a property-based business
improvement district (PBID) for downtown Chula Vista was conducted during April and
May by the Downtown Business Association. The petition drive was successful in -
gaining the signatures of over fifty-percent of affected property owners within the
proposed district. The City acted on May 1, 2001 to support the establishment of the
PBID and to sign the petition for all City and Agency-owned parcels within the district.
The Resolution of Intention formally begins the process of creating the PBID, which will
then be subject to a vote of all affected property owners, pursuant to Proposition 218.
(Director of Community Development)
Staff recommendation: Council adopt the resolution.
ACTION: Councilmember Rindone moved to approve staff recommendations and offered
Consent Calendar Items #1 through #11, headings read, texts waived. The motion
carried 4-0.
ORAL COMMUNICATIONS
Holly Duncan, 3838 Mt. Blackburn Avenue, San Diego, spoke in support of the Council's action
to form a municipal utility and urged the Council to address the issue of who will own the
generation facilities and to explore all options open to thc City. She also cautioned against
entering into long-term contracts with energy providers.
Page 6 - Council Minutes 06/05/01
PUBLIC HEARINGS
12. CONSIDERATION OF APPROVAL OF A CITY-INITIATED REQUEST FOR
AMENDMENTS AND ADDITIONS TO THE PLANNED COMMUNITY (PC)
DISTRICT REGULATIONS FOR SAN MIGUEL RANCH SECTIONAL PLANNING
AREA (SPA) TO ADD FLOOR AREA RATIO REGULATIONS AND AMEND LOT
COVERAGE REGULATIONS. THE SAN MIGUEL RANCH PROJECT SITE IS 743.1
ACRES, LOCATED EAST AND NORTH OF PROCTOR VALLEY ROAD, SOUTH
OF SWEETWATER RESERVOIR AND MOTHER MIGUEL MOUNTAIN, AND
WEST OF THE ROLLING HILLS RANCH AREA (PCM-01-07)
When Council originally adopted the SPA Plan and PC District regulations in October
1999, lot coverage regulations, which address the percent of lot area that can be covered
by structures, were included in the PC District Regulations, but specific Floor Area Ratio
(FAR) regulations were not. This is a City-initiated clean-up amendment to add FARs
for San Miguel Ranch, similar to FARs that are used in other planned communities in
eastern Chula Vista. The developer, NNP-Trimark, agrees with the proposed
amendments and worked with staff in their preparation. (Director of Planning and
Building)
Associate Planner Zumwalt presented the proposed amendment to the San Miguel Ranch PC
District regulations.
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 hearing. There being no members of the public wishing to
speak, she then closed the hearing.
ACTION: Councilmembcr Padilla offered Resolution No. 2001-176 and moved to place
Ordinance No. 2837 on first reading, headings read, texts waived.
A. RESOLUTION NO. 2001-176, RESOLUTION OF THE CITY COUNCIL OF
CITY OF CHULA VISTA ADOPTING AN ADDENDUM TO THE FINAL
SUBSEQUENT ENVIRONMENTAL IMPACT REPORT 97-02 REGARDING
AMENDMENTS AND ADDITIONS TO THE PLANNED COMMUNITY
DISTRICT REGULATIONS OF THE SAN MIGUEL RANCH SECTIONAL
PLANNING AREA (SPA) PLAN, ADDRESSING FLOOR AREA RATIO AND
LOT COVERAGE DEVELOPMENT STANDARDS
B. ORDINANCE NO 2837, ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AMENDING ORDINANCE 2799 AND
APPROVING AMENDMENTS AND ADDITIONS TO THE SAN MIGUEL
RANCH PLANNED COMMUNITY (PC) DISTRICT REGULATIONS
The motion carried 4-0.
Page 7 - Council Minutes 06/05/01
OTHER BUSINESS
13. CITY MANAGER'S REPORTS
There were none.
14. MAYOR'S REPORTS
A. Ratification of appointment to the Commission on Aging - Helen Stokes.
ACTION: Mayor Horton moved to ratify the appointment of Helen Stokes to the
Commission on Aging. Councilmember Salas seconded the motion, and it carried
4-0.
B. Ratification of appointment to the Commission on Aging - Susan Carrillo.
ACTION: Mayor Horton moved to ratify the appointment of Susan Carillo to the
Commission on Aging. Councilmember Salas seconded the motion, and it carded
4-0.
C.Ratification of appointment to the Resource Conservation Commission - Doug
Reid.
ACTION: Mayor Horton moved to ratify the appointment of Doug Reid to the Resource
Conservation Commission. Councilmember Padilla seconded the motion, and it
carried 4-0.
15. COUNCIL COMMENTS
Councilmember Salas commented on the opening ceremonies of the American Cancer Society's
Relay for Life and commended the EastLake Development Company, as well as Mafia Muett
and other City staff, for their contributions to the event.
CLOSED SESSION
16. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION
PURSUANT TO GOVERNMENT CODE SECTION 54956.9(A)
· Miller v. City of Chula Vista (BCS GIS 5987)
This item was not discussed.
ADJOURNMENT
At 7:00 p.m., Mayor Horton adjourned the meeting to an Adjourned Regular Meeting on June
11, 2001 at 4:00 p.m. in the Council Conference Room, thence to the Regular Meeting of June
12, 2001 at 6:00 p.m. in the Council Chambers, and thence to an Adjourned Regular Meeting on
June 13, 2001 at 4:00 p.m. in the Council Conference Room.
Respectfully submitted,
Susan Bigelow, CMC/AAE, City Clerk
Page 8 - Council Minutes 06/05/01