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HomeMy WebLinkAboutcc min 2001/06/12 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA June 12, 2001 6:00 P.M. A Regular Meeting of the City Council of the City of Chula Vista was called to order at 6:07 p.m. in the Council Chambers, located in the Public Services Building, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Councilmembers: Davis, Rindone, Salas, and Mayor Horton ABSENT: Councilmembers: Padilla (excused) 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 · OATH OF OFFICE: HELEN MARIE STOKES - COMMISSION ON AGING City Clerk Bigelow administered the oath of office to Helen Marie Stokes, and Deputy Mayor Davis presented her with a certificate of appointment. · OATH OF OFFICE: SUSAN CARRILLO - COMMISSION ON AGING City Clerk Bigelow administered the oath of office to Susan Carfillo, and Deputy Mayor Davis presented her with a certificate of appointment. CONSENT CALENDAR (Items 1 through 7) Mayor Horton noted that Item #2B would be removed from the Consent Calendar for separate consideration at the request of a member of the audience. 1. APPROVAL OF MINUTES of May 29, 2001 and May 31, 2001. Staff recommendation: Council approve the minutes. 2. WRITYEN COMMUNICATIONS A. Letter from the City Attorney stating that to the best of his knowledge from observance of actions taken in Closed Session on June 5, 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) 3. 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 FOR THE SAN MIGUEL RANCH SECTIONAL PLANNING AREA (SPA), TO ADD FLOOR AREA RATIO REGULATIONS AND TO AMEND LOT COVERAGE REGULATIONS 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 which 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) Staff recommendation: Council place the ordinance on second reading for adoption. 4. RESOLUTION NO. 2001-178, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING FUNDS, ACCEPTING BIDS AND AWARDING CONTRACT FOR THE MEDIAN MODIFICATIONS ON TELEGRAPH CANYON ROAD, EAST OF MEDICAL CENTER DRIVE (PROJECT ST-980) (4/5THS VOTE REQUIRED) On May 2, 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, removal and disposal of existing improvements, installation of asphalt concrete pavement, crashed aggregate base, curb and gutter, cold planing, saw cutting, four-inch stamped 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. 5. RESOLUTION NO. 2001-179, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A FIRST AMENDMENT TO THE AGREEMENT WITH SAN DIEGO EXPRESSWAY LIMITED PARTNERSHIP TO PROVIDE LOANED EXECUTIVE SERVICES TO ASSIST IN EXPEDITING THE CONSTRUCTION OF THE SR-125 TOLL ROAD FACILITY, AND AUTHORIZING THE MAYOR TO EXECUTE THE FIRST AMENDMENT Page 2 - Council Minutes 06/12/01 CONSENT CALENDAR (Continued) The need to construct SR-125 in order to continue the development in the eastern area of Chula Vista has been well documented in all of the City's traffic studies. However, construction has been delayed due to the many state and federal processes. The City has Will Kempton, of the firm Smith & Kempton, under contract for transportation advocacy services, and on September 22, 1998, the City and San Diego Expressway Limited Parmership (SDELP) entered into an agreement for Mr. Kempton's assistance in breaking the state and federal "logjam." Adoption of the resolution approves an extension to the agreement with SDELP to pay for the services of Will Kempton under the City's contract with his firm. SDELP has requested that the term of the agreement be extended beyond the original termination date due to the ongoing need for his services. (Director of Public Works) Staff recommendation: Council adopt the resolution. 6. RESOLUTION NO. 2001-180, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING RESOLUTION NO. 2001-099, APPROVING CLOSURE OF THIRD AVENUE FROM "E" TO "G" STREETS FOR THE CHULA VISTA THIRD AVENUE LEMON FESTIVAL ON AUGUST 19, 2001, TO AUTHORIZE THE CLOSURE FROM 4:00 A.M. TO 9:00 P.M., SUBJECT TO CONDITIONS On April 10, 2001, Council adopted Resolution 2001-099, authorizing the closure of Third Avenue from "E" to "G" Streets for the annual Lemon Festival to be held by the ' Chula Vista Downtown Business Association (DBA) on August 19, 2001. The recent Cinco de Mayo celebration, a DBA event, had closure hours of 6:00 a.m. to 8:00 p.m. With the increased success of the event, more vendors and entertainers participated, and it proved difficult for the DBA, City staff, volunteers and vendors to prepare for or take down the event in the amount of time allotted. Traditionally, the Lemon Festival, has been a larger event than the Cinco De Mayo Festival. (Director of Community Development) Staff recommendation: Council adopt the resolution. 7. RESOLUTION NO. 2001-181, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING UNANTICIPATED GRANT REVENUES IN THE AMOUNT OF $25,000 FROM THE STATE OF CALIFORNIA FOR THE COLLECTION OF TRAFFIC STOP DEMOGRAPHIC DATA IN THE CITY OF CHULA VISTA, AS PART OF A STATE-WIDE STUDY OF RACIAL PROFILING The State of California and the California Highway Patrol have received grant funds to distribute to California local law enforcement agencies to offset the costs created by the collection of traffic stop demographic data. This is part of a statewide effort to better understand the practice known as "racial profiling" and to assist in the development of deterrents where necessary. The grant provides $25,000 annually for a two-year period, ending in 2003. (Chief of Police) Staff recommendation: Council adopt the resolution. Page 3 - Council Minutes 06/12/01 CONSENT CALENDAR (Continued) _ ACTION: Councilmember Rindone moved to approve staff's recommendations and offered Consent Calendar Items #1, #2A, and #3 through #7, headings read, texts waived. The motion carried 4-0. 2. B. Memorandum from the Resource Conservation Commission and staff response concerning the possible listing on the California Historic Register of the Coronado Railroad Belt Line. Staff recommendation: The letter be received and the City's position on the project be communicated to the Resource Conservation Commission and other appropriate agencies. Ed Kravitz, representing San Diego Railway Partners, stated that it was unfortunate that Chula Vista supports the abandonment of the Coronado Branch, since he believed the railway, if developed properly, could be a wonderful asset to the South Bay. Mr. Kravitz spoke regarding the existing right-of-way contract between the Community Development Depa~hnent, the Port District, and BF Goodrich, and he invited Councilmembers to ride on the train before making any final decisions. Pamela Bensoussan, 616 Second Avenue, representing the City's Resource Conservation Commission, clarified that the Commission had not discussed the subject of abandonment and was only responding to a presentation that solicited the Commission's approval for historic designation. Councilmember Rindone explained MTDB's recommendation to abandon the rail line, since it is no longer viable for freight transport. He explained that the recommendation by the Freight Rail Committee was to establish a 66-year lease, which would then leave development options open in the future. ACTION: Councilmember Rindone moved to accept staff's recommendation on Consent Calendar Item #2B. The motion carried 4-0. ORAL COMMUNICATIONS Walter Doughty, 701 D Street, a resident of Jade Bay Mobilehome Park, reported that he had been served with an eviction notice by the park's management because of alleged code violations on his site. The notice erroneously cited an old automobile, motorcycles, and miscellaneous debris. He explained that his only car is a 1995 model and that perhaps the alleged violation was, in fact, regarding a boat and trailer. Mr. Doughty added that the notice also claimed that he had been issued prior notices of violation, which he had not. He stated that he felt helpless in combating the claims made by the management. Mayor Horton recommended that Mr. Doughty refer his concerns to the Mobilehome Rent Review Commission. Fred Dufresne, 1925 Otay Lakes Road, Space 102, reported that the owner of the Jade Bay Mobilehome Park was retaliating against some of the park tenants by serving them with eviction notices because the Rent Review Commission had denied his request for a 40 percent rent increase. Mr. Dufresne believed that most of the alleged violations were untrue and remarked that many of the residents, most of whom are senior citizens, were afraid to go against the park management for fear of being evicted. Mr. Dufresne stated that the constant harassment and abuse of the tenants needed to be stopped. Page 4 - Council Minutes 06/12/01 PUBLIC HEARINGS 8. CONSIDERATION OF APPROVAL OF TENTATIVE SUBDMSION MAP PCS-01- 04 TO DEVELOP NINE LOTS FOR SINGLE-FAMILY HOMES AT THE WESTERN EXTENSION OF EL LORO STREET (APPLICANT - DAN IRWIN) The developer has requested approval for a nine-lot subdivision known as Vista Del Loro, a western extension of El Loro Street. The project site is located in an existing single-family residential (R-l-7) zone, with a Montgomery specific plan land use designation of low/medium density residential (6-11 dwelling units per acre), and a general plan land use designation of low/medium residential. (Director of Planning and Building) 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 and asked if anyone from the audience wished to speak; there was no response. ACTION: Mayor Horton moved to continue the hearing to the meeting of June 19. 2001. Deputy Mayor Davis seconded the motion, and it carried 4-0. 9. CONSIDERATION OF ADOPTION OF A RESOLUTION AMENDING THE CURRENT YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (CDBG) ANNUAL PLAN TO INCLUDE THE NYPRO SAN DIEGO PROJECT NYPRO San Diego, a global manufacturer of custom injection molded products is seeking financial assistance from the City to replace existing inefficient machinery with new energy-efficient injection-molding machines. The new equipment purchase will allow NYPRO to realize significant energy cost savings, thereby allowing NYPRO to retain 120 jobs by maintaining its facility in Chula Vista, and to expand its operations, creating 30 new jobs. (Director of Community Development) 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. Economic Development Manager Dye explained the benefits to the City of assisting NYPRO in its efforts to retain operations locally. Mayor Horton opened the public hearing. There being no members of the public wishing to speak, she then closed the hearing. ACTION: Councilmember Salas moved to approve staff's recommendation and offered Resolution No. 2001-182, heading read, text waived. Page 5 - Council Minutes 06/12/01 PUBLIC ~GS (Continued) RESOLUTION NO. 2001-I82, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE CURRENT FISCAL YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (CDBG) ANNUAL PLAN TO INCLUDE THE NYPRO SAN DIEGO PROJECT TO PURCHASE ENERGY-EFFICIENT EQUIPMENT USING A SECTION 108 LOAN; AND AUTHORIZING STAFF TO SUBMIT A SECTION 108 LOAN GUARANTEE PROGRAM APPLICATION TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT The motion carried 4-0. OTHER BUSINESS 10. CITY MANAGER'S REPORTS City Manager Rowlands announced that copies of the proposed FY 2002/03 budget were available to the public at library branches and City Hall. He also announced that a budget hearing was scheduled for June 13, 2001, at 4:00 p.m. in the Council Conference Room, with adoption of the budget scheduled for June 19, 2001 at 4:00 p.m. in Council Chambers. 11. MAYOR'S REPORTS A. RESOLUTION NO. 2001-183, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA OPPOSING THE RECOMMENDATION OF THE BOARD OF TRUSTEES OF THE SAN DIEGO COUNTY PUBLIC LAW LIBRARY TO CLOSE THE SOUTH COUNTY LAW LIBRARY The Board of Trustees of the San Diego County Public Law Library is planning to immediately close the South County branch, located in the South County Courthouse in Chula Vista, while leaving open the Main, East County and North County branches. Each courthouse in the County has a public law library. The law libraries are an essential resource for attorneys practicing in the courthouses. Mayor's Recommendation: Council adopt the resolution and authorize the Mayor to send the resolution to the San Diego County Board of Supervisors and the Board of Trustees of the San Diego County Public Law Library on behalf of the City. Mayor Horton stated that Chula Vista, one of the fastest growing cities in the region, has a low- income population that cannot afford legal fees and relies on access to the public law library for research purposes. She requested that parity be given to South County. Charles Dyer, 1105 Front Street, Director of the San Diego County Law Library, stated that the library was established in 1891, and the Chula Vista branch was established in 1983. He explained that the library is financed primarily by civil court filing fees, which have dropped considerably. The South County branch, therefore, was considered for closure because it is the least utilized branch in the County. While the Budget Committee decided not to close the branch entirely, it was considering dropping subscriptions to a minimum and cutting back on staffing and hours of operation. He encouraged Councilmembers to adopt the proposed resolution and convey their thoughts to the State Legislature, and, in particular, Steve Peace. Page 6 - Council Minutes 06/12/01 MAYOR'S REPORTS (Continued) Mayor Horton asked Mr. Dyer to explain what the cutbacks would entail. Mr. Dyer responded that the hours of operation would be reduced to 10:00 a.m. to 3:00 p.m., and a librarian would be available on a part-time rather than fuil-time basis. Mayor Horton asked how many members of the Library Board of Trustees were from the South Bay. Mr. Dyer stated that none of the present members were from the South Bay. Mayor Horton asked whether or not the Board of Trustees had received or solicited comments from any of the South Bay judges regarding the possible closure of the South County Law Library. Mr. Dyer replied that the South Bay judges, particularly Judge Rodriguez, opposed the closure of the library. Councilmember Salas pointed out that the library system has a total operating budget of $2.8 million and has allocated only five percent to South County, which has a population of 450,000. She mentioned that there would be additional attorneys occupying offices in the new Gateway project across the street from the courthouse, further increasing the need for the South Bay library. Deputy Mayor Davis asked if the Board had solicited additional County funding for the system. Mr. Dyer replied that the Board would be meeting with Supervisor Cox next week to discuss the matter. Kathleen Holden, President of the South Bay Bar Association (SBBA), opposed the closure of the South County library, stating that South Bay residents deserve equal access to the justice system. She explained that a large percentage of the community utilizes the library for research purposes, and it was unfair for the South Bay branch to take all the cuts. She stated that the SBBA has secured support from the minority and local bar associations, she felt that it was essential for the library to remain open, and she urged the Council to approve the Mayor's recommendation. Michael Inzunza, representing Supervisor Cox, spoke in support of the Mayor's recommendation, stating that any cuts should be administered County-wide and that the South Bay needed strong representation. John Moot, 537 H Street, stated that the South County Law Library was the only access to the legal system for the less fortunate citizens who cannot afford an attorney. He also commented that there was no reason why South County services should be cut in a way different than those of other courthouses, and anything short of parity between the branch law libraries would be unacceptable. Councilmember Rindone felt that removing the services of the library clerk would unfairly impact those who would utilize the law library. He suggested that the resolution be amended to not only oppose the closure of the South Bay branch, but also to state that any reductions that are made should be made equally throughout the County; for example, all the branches could be kept open three days per week with full staffing until an alternative means of funding could be found to return to full-time services. ACTION: Mayor Horton moved to approve Resolution No. 2001-183 as amended by Councilmember Rindone to include a statement that until adequate funding is secured, any reduction in services and hours should be shared equally by the three branch libraries in North County, East County, and South County. Councilmember Rindone seconded the motion, and it carried 4-0. Page 7 - Council Minutes 06/12/01 MAYOR'S REPORTS (Continued) B. Ratification of appointment to the Commission on Aging - Mary Jo Buetmer. ACTION: Mayor Horton moved to ratify the appointment of Mary Jo Beuttner to the Commission on Aging. Deputy Mayor Davis seconded the motion, and it carried 4-0. Mayor Horton announced that she would forward SANDAG's recommendations regarding REGIS Board discussions to the Council and that the report would be placed on the City Council agenda of June 19, 2001. 12. COUNCIL COMMENTS Councilmember Rindone suggested that the concerns of Mr. Walter Doughty, who spoke under Oral Communications, be referred to the Community Development Department and Code Enforcement, and that staff work with Mr. Doughty to resolve the issues between the tenant and owner. CLOSED SESSION 13. CONFERENCE WITH LEGAL COUNSEL REGARDING INITIATION OF LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(C) · One Case No action was taken. - 14. 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. 15. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(B) · One Case This item was not discussed. ADJOURNMENT At 8:10 p.m., Mayor Horton adjourned the meeting to the Adjourned Regular Meeting of June 13, 2001 at 4:00 p.m. in the Council Conference Room, and thence to the Adjourned Regular Meeting on June 19, 2001 at 4:00 p.m. in the Council Chambers. Respectfully submitted, Susan Bigelow, CMC/AAE, City Clerk Page 8 - Council Minutes 06/12/01