HomeMy WebLinkAboutcc min 2001/08/07 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF CHULA VISTA
August 7, 2001 4:00 P.M.
A Re.gular Meeting of the City Council of the City of Chula Vista was called to order at 4:04
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, Assistant City
Clerk Norris and Deputy City Clerk Bennett
PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE
SPECIAL ORDERS OF THE DAY
· RECOGNITION OF RICHARD RAEL, EQUIPMENT OPERATOR, UPON HIS
RETIREMENT, FOLLOWING FORTY-ONE YEARS OF DEDICATED SERVICE TO
THE CITY
Public Works Director Lippitt announced the retirement of Richard Rael, Equipment Operator,
who began his career with the City in 1960 in the Public Works Operations Department. Mayor
Horton presented Mr. Rael with a plaque to recognize his years of service to the City.
· EMPLOYEE OF THE MONTH - CONNIE BRENNAN, LEGAL ASSISTANT - CITY
ATTORNEY'S OFFICE
City Attorney Kaheny introduced Employee of the Month Connie Brennan. He read the
proclamation, and Mayor Horton presented it to Ms. Brennan.
· RECOGNITION BY POLICE CHIEF RICHARD EMERSON OF RECENTLY
PROMOTED POLICE DEPARTMENT EMPLOYEES: LIEUTENANT ROXANA
KENNEDY, LIEUTENANT DAN L1NNEY, ACTING LIEUTENANT TRO
PELTEKIAN, SEARGANT RICHARD POWERS, SEARGANT CHRIS HERERRA,
ACTING SEARGANT STEVE FOBES, AGENT STEVE GUTHRIE, AGENT TED
VILLARIN, AGENT RANDY SMITH, AGENT TONY PUYOT, ACTING AGENT
LEO BANALES
Police Chief Emerson introduced the recently promoted Police Department personnel, and
Mayor Horton congratulated them on behalf of the City.
· INTRODUCTION OF AND OATHS OF OFFICE FOR RECENTLY HIRED POLICE
OFFICERS DAVID OYOS, CRAIG ROLAIN, AND JAMES JOHNSON
Police Chief Emerson introduced the recently hired police officers, and Deputy City Clerk
Bennett administered the Oath of Office to Officers David Oyos and Craig Rolain.
CONSENT CALENDAR
(Items 1 through 10)
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 July 24, 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. Letter of resignation from Robert Bliss, member of the Mobilehome Rent Review
Commission.
Staff recommendation: The resignation be accepted with regret and the City
Clerk be directed to post immediately in accordance with the Maddy Act.
2. RESOLUTION NO. 2001-245, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE RETENTION AGREEMENT WITH
PEGGY MCCARBERG, ESQ. FOR LEGAL SERVICES TO BE PERFORMED
UNDER THE SUPERVISION OF THE CITY ATTORNEY FOR FISCAL YEAR
2001/2002
In this year's budget transmittal letter, the City Attorney advised Council that the City
would need to continue to provide funding for a part-time contract attorney on a
continuing basis to assist with the myriad land use issues facing the City. For the past
seven years, the City has utilized the services of Ms. McCarberg on an hourly basis for
this purpose. It is now necessary to authorize an amendment of the retention agreement
for Fiscal Year 2001/2002. (City Attorney)
Staff recommendation: Council adopt the resolution.
3. RESOLUTION NO. 2001-246, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING BIDS, WAIVING INCONSEQUENTIAL BID
DEVIATION, WAIVING B1D IRREGULARITY, AND AWARDING CONTRACT
FOR TRAFFIC SIGNAL MODIFICATIONS: PROTECTED-PERMISSIVE, LEFT
TURN PHASING AT 12 INTERSECTIONS (TF278/282) TO HMS CONSTRUCTION,
INC., IN THE AMOUNT OF $270,003.40
On July 3, 2001, the Director of Public Works received sealed bids from five electrical
contractors for the traffic signal modifications project (TF278/282). This is a state grant-
funded project under the Congestion Mitigation and Air Quality program. HMS
Construction, Inc., submitted the low bid of $270,003.40 for this project. (Director of
Public Works)
Staff recommendation: Council adopt the resolution.
4. RESOLUTION NO. 2001-247, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING CHANGE ORDER NO. 2 FOR THE GREG
ROGERS PARK IMPROVEMENTS (PROJECT PR-169) IN THE AMOUNT OF
$25,384.00, AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO
EXECUTE SAID CHANGE ORDER ON BEHALF OF THE CITY
Page 2 - Council Minutes 08/07/01
CONSENT CALENDAR (Continued)
On December 5, 2000, Council adopted Resolution No. 2000-448, awarding a contract in
the amount of $492,212 (including contingencies of $82,000) to Famania Construction,
Inc., for the Greg Rogers Park improvements (Project No. PR-169). On April 10, 2001,
the Director of Public Works approved Change Order No. 1, in accordance with City
Council Policy No. 574-01. Per Resolution 2000-451, Change Order No. 2 exceeds the
cumulative contract change order aggregate amount allowable to be approved by the
Director of Public Works. Change Order No. 2, in the amount of $25,384, is for
extended general conditions and various items of work necessary to complete the project
in accordance with City standards. (Director of Public Works)
Staff recommendation: Council adopt the resolution.
5. RESOLUTION NO. 2001-248, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA RATIFYING CITY STAFF'S ACTION ON APPROVING
CHANGE ORDERS ASSOCIATED WITH THE CONSTRUCTION OF THE PUBLIC
WORKS OPERATIONS FACILITY AND CORPORATION YARD, APPROVING
ALL THE CHANGE ORDERS LISTED ON ATTACHMENT B OF THE
RESOLUTION, AND AUTHORIZING STAFF TO PROCESS UP TO AN
ADDITIONAL $250,000 1N CHANGE ORDERS
Last September, Council amended Policy No. 574-01, authorizing the City Manager to
approve all change orders pertaining to the Corporation Yard project with a single change
order, value not exceeding $50,000, and a cumulative value of up to $250,000. The
policy permits the City Manager to exceed the limits if delay of the approval would cause
a delay in the "critical path" schedule of the project. Adoption of the resolution will
ratify stafffs recent approval of change orders associated with the construction of the
Corporation Yard project and valued at $246,810. Adoption of the resolution will also
approve change orders valued at $199,751, and authorize staff to process up to an
additional $250,000 in change orders, in accordance with the policy. (Director of Public
Works)
Staff recommendation: Council adopt the resolution.
6 A. RESOLUTION NO. 2001-249, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ESTABLISHING THE MAXIMUM AUTHORIZED
SPECIAL TAX RATES FOR FISCAL YEAR 2001/2002, FOR COMMUNITY
FACILITIES DISTRICT NO'S. 97-1, 97-2, 97-3, 98-1, 98-3, 99-1, 99-2 AND 2000-1,
AUTHORIZING THE LEVY OF SPECIAL TAXES FOR FISCAL YEAR 2001/2002
AT THE MAXIMUM AUTHORIZED SPECIAL TAX RATES APPLICABLE TO
EACH DISTRICT, AND DELEGATING TO THE CITY MANAGER THE
AUTHORITY TO ESTABLISH THE SPECIFIC SPECIAL TAX RATE APPLICABLE
TO EACH PARCEL
B. RESOLUTION NO. 2001-250, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING A FIRST AMENDMENT TO THE
CONTRACT WITH SPECIAL DISTRICT FINANCING AND ADMINISTRATION,
LLC, FOR SPECIAL DISTRICT ADMINISTRATiVE SERVICES, AND
AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AMENDMENT
Page 3 - Cotmcil Minutes 08/07/01
CONSENT CALENDAR (Continued) -
One new Community Facilities District (CFD) was established during Fiscal Year
2000/2001 in the Otay Ranch and Sunbow developments, in addition to the eight CFDs
established during Fiscal Years 1998-2000. Special taxes must be levied during Fiscal
Year 2001-2002 in seven of these districts in order to pay for the maintenance of open
space and preserve areas in CFDs 97-1, 97-2, 99-2 and 98-3, and bondholders must begin
to be repaid in CFDs 97-3, 99-1 and 2000-1. Due to the cost associated with the new
district added to this contract and the work associated with processing the large number
of buy-downs in CFDs 97-3 and 99-1, an increase in the contract amount is required.
(Director of Public Works)
Staff recommendation: Council adopt the resolutions.
8. RESOLUTION NO. 2001-254, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AUTHORIZING THE MAYOR TO EXECUTE
AGREEMENTS WITH THE SAN DIEGO UNIFIED PORT DISTRICT FOR RECEIPT
OF FINANCIAL ASSISTANCE IN THE AMOUNT OF $26,000 FOR HARBOR
DAYS, $22,500 FOR THE "SUMMER LEGACY" CONCERT AND $15,000 FOR THE
TASTE OF THE ARTS BY THE BAY
This spring, the City submitted a financial assistance request to the San Diego Unified
Port District (Port) for partial funding of the Chula Vista Harbor Days & Tall Ship
Festival, the "Summer Legacy" concert and Taste of the Arts by the Bay. The Board of
Port Commissioners approved funding of $63,500 at a meeting in June 2001, and the Port
requires that the City enter into formal agreements, which stipulate conditions and City
requirements for receipt of the approved funding. (Deputy City Manager Palmer)
Staff recommendation: Council adopt the resolution.
9. RESOLUTION NO. 2001-255, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE FIRST AMENDMENT TO THE LAND
OFFER AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND
BROOKFIELD SHEA OTAY, LLC, FOR CONVEYANCE OF LAND TO THE CITY
FOR UNIVERSITY PURPOSES, AND AUTHORIZING THE MAYOR TO EXECUTE
SAID FIRST AMENDMENT
In April of 2000, the City and NM Homes, Two, Inc. entered into an agreement where the
City agreed to consider future entitlements for Village 11 of the Otay Ranch, if NM
Homes would agree to convey 536.9 acres for a proposed university site. That agreement
set time frames for the consideration of the entitlements by the end of August 2001. The
new property owner, Brookfield Shea Otay, LLC and City staff are proposing that the
time frames be extended to the end of October 2001. (Director of Planning and Building)
Staff recommendation: Council adopt the resolution.
10. RESOLUTION NO. 2001-256, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2001/2002 BUDGET BY
APPROPRIATING $226,015 FROM THE AVAILABLE FUND BALANCE IN THE
VEHICLE REPLACEMENT FUND, $155,677 FROM THE AVAILABLE FUND _
BALANCE 1N THE PUBLIC FACILITIES DEVELOPMENT IMPACT FEE FUND
FOR THE PURCHASE OF A FIRE APPARATUS AND ANCILLARY EQUIPMENT,
Page 4 - Council Minutes 08/07/01
CONSENT CALENDAR (Continued)
AND $26,076 1N THE FIRE DEPARTMENT BASED ON UNANTICIPATED
REVENUES FOR ASSOCIATED EQUIPMENT REPLACEMENT COSTS,
AWARDING A PURCHASE AGREEMENT TO PIERCE MANUFACTURING/
SOUTH COAST FIRE EQUIPMENT, 1NC., FOR ONE TRIPLE COMBINATION
PUMPER IN THE AMOUNT OF $307,365, AND INCREASING THE FIRE
DEPARTMENT'S EQUIPMENT REPLACEMENT LiNE ITEM BY $34,768 IN THE
APPROVED FISCAL YEAR 2003 GENERAL FUND SPENDING PLAN, BASED ON
UNANTICIPATED REVENUES
With the purchase of a new pumper last year, the Fire Department initiated a program of
maintaining three reserve vehicles. This program was intended to retain the oldest
vehicle, a Telesqurt, as the third reserve vehicle in service. However, after recent
analysis, the Public Works Fleet Manager has recommended replacing the Telesqurt
rather than utilizing it as a reserve vehicle. The Telesqurt was purchased in 1975 and has
approximately 115,000 miles. Due to the age and mileage of the vehicle, it is very costly
to maintain, and may require extensive "down time" for maintenance and repair. The
increased size of the City has had a significant impact on the overall mileage of the Fire
Department fleet. (Fire Chief)
Staff recommendation: Council adopt the resolution.
Councilmember Rindone announced that he would be voting "no" on Consent Item #7.
Subsequently, Councilmember Salas requested that Item #7 be pulled for discussion.
ACTION: Mayor Horton moved to approve staff recommendations and offered the balance
of the Consent Calendar, Items #1 through #6, and Items #8 through #10,
headings read, texts waived. The motion carried 5-0.
7 A. RESOLUTION NO. 2001-251, RESOLUTION OF THE CITY COUNC1L OF THE
CITY OF CHULA VISTA APPROVING THE FIRST AMENDMENT TO THE
AGREEMENT WITH VOLLMER ASSOCIATES, LLP, FOR A TOLL ROAD
OPERATIONAL REVIEW FOR THE STATE ROUTE-125 (SR-125) PROJECT, AND
AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AMENDMENT
B. RESOLUTION NO. 2001-252, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE FIRST AMENDMENT TO THE
AGREEMENT WITH INFRASTRUCTURE MANAGEMENT GROUP, INC., FOR A
FINANCIALLY-BASED APPRAISAL OF THE STATE ROUTE-125 (SR-125)
FRANCHISE, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID
AMENDMENT
C. RESOLUTION NO. 2001-253, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROPRIATING $65,000 FROM THE INTERIM STATE
ROUTE-125 (SR-125) DEVELOPMENT IMPACT FEE (DIF) FUND TO THE SR-125
FRANCHISE REVIEW CAPITAL IMPROVEMENT PROGRAM PROJECT (STM-
348)
Page 5 - Cotmcil Minutes 08/07/01
CONSENT CALENDAR (Continued) -
On November 7, 2000, Council authorized staff to enter into an agreement with Vollmer
Associates LLP (Vollmer) to conduct a "peer" review of information used by Califomia
Transportation Ventures, Inc., in making traffic and revenue projections for the SR-125
toll road facility. Further, the Council also authorized staff to enter into an agreement
with Infrastructure Management Group, Inc. to conduct a financially-based appraisal of
the SR-125 franchise. The agreements, as originally approved, anticipated that the
completion of certain items would require input from third parties. Due to cimumstances
beyond the consultants' and City's control, these items have not been made available by
those parties, and amendments to the agreements need to be approved. (Director of
Public Works)
Staffrecommendation: Council adopt the resolutions.
Councilmember Salas stated that the reservation she had with approval of additional funding for
the State Route 125 project was that when Council had initially discussed the appropriation of
funds to study the possible formation of a joint powers agreement, she had expressed concerns
about the amount of money that would be dedicated, since she felt that the message being
conveyed by Council was that it was a foregone conclusion that this was something that Council
would be doing. She added that in viewing the manner in which the consultants had briefed
Council, there was significant room for money savings in regards to the scope of their work. She
believed that it was unnecessary to have the entire consultant team present for Council briefings,
since each consultant had enough cross knowledge and expertise to provide the information. She -
felt it was important that meetings be arranged with two Councilmembers present at one time,
which would reduce the amount of time spent on discussions, and added that it was unnecessary
for the consultants to provide briefings over dinner and that an office environment would be
more appropriate.
Mayor Horton stated that the Council had a responsibility to carefully observe how funds were
being expended on projects. She stated that the issue was complex and that each consultant on
the team possessed different areas of expertise. Because of the diversity of the team, she was
uncertain whether or not it would be possible to have just one representative present at briefings
with the Council.
City Manager Rowlands commented that the plan no longer calls for IMG to conduct on-call
briefings as before, but that Will Kempton and Mark Watts would conduct the briefings. He
added that the next briefing was scheduled for October 2001. City Manager Rowlands stated
that funding would come from the State Route 125 fees, and, because of the delay of information
from Wilbur Smith, who was hired by CTV, there had been a constant postponement of the
report. He added that discussions were scheduled with CTV regarding options to resolve the
problem. He believed that the additional fee was appropriate and not an extravagance.
Councilmember Rindone stated that he needed to understand why the City would fund the delay
by Wilbur Smith and the additional costs for the consultants through this first amendment. He
explained that he did not wish to imply that he had changed his position in support of State Route
125, only that unless there were clearly articulated public benefits which require the involvement _
of the Council, it would be up to the contractor to proceed once the various permits were
completed.
Page 6 - Council Minutes 08/07/01
CONSENT CALENDAR (Continued)
Deputy Mayor Davis stated that State Route 125 is a major issue, and no one should assume
because the Council was studying the project that the Council would proceed to form a joint
powers agreement. The Council needs up-to-date information at hand, should it need to make a
decision. Deputy Mayor Davis stated that she hoped CTV could go to bonding and build and
own the road as expediently as possible; however, the City needs to know what options are
available should that not happen.
Mayor Horton believed that entering a joint powers agreement for ownership and operation of
the toll road might be in the best interests of the public and that the information being provided
would assist her in making an informed decision when the time comes.
ACTION: Mayor Horton moved to approve staff recommendations and offered Resolutions
2000-251, 2000-252 and 2000-253, headings read, texts waived. The motion
carried 4-0 with Councilmember Rindone voting "no".
ORAL COMMUNICATIONS
There were none.
PUBLIC HEARINGS
11. CONSIDERATION OF ADOPTION OF ORDiNANCES ESTABLISHING THE SAN
MIGUEL RANCH FISCAL DEFICIT FEE
In conjunction with Council's approval of the project area's annexation to the City on
December 19, 2000, Council also approved Ordinance 2829, which established the San
Miguel Ranch Fiscal Deficit Account. Among its various provisions pertaining to the
required fifteen annual fiscal reviews of the project, and payment to the City for any
identified deficits, Ordinance 2829 also required that prior to approval of the first Final
Map for San Miguel Ranch, the applicant (NNP-Trimark San Miguel, LLC) establish the
permanent funding mechanism to pay for the annual fiscal reviews and any deficits. The
applicant is now seeking approval of the first Final Map, and it is necessary to approve a
permanent funding mechanism. The proposed Urgency Ordinance and Ordinance will
establish identical fees to be paid in conjunction with building permits for all residential
units in San Miguel Ranch. This item must be acted upon prior to action on the Final
Map (Item No. 15). Director of Planning and Building)
Notice of the hearing was g~ven in accordance with legal requirements, and the hearing was held
on the date and at the time specified in the notice.
Senior Planner Batchelder summarized the key provisions of the fee and explained the updated
exhibit amendment to the San Miguel Ranch Fiscal Deficit Fee Ordinance.
Mayor Horton opened the public hearing. With no members of the public wishing to speak, she
then closed the heating.
Page 7 - Council Minutes 08/07/01
PUBLIC HEARiNGS (Continued)
ACTION: Deputy Mayor Davis offered Urgency Ordinance No. 2841-A and Ordinance No.
2841 on first reading, headings read, texts waived:
URGENCY ORDiNANCE NO. 2841-A, URGENCY ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHiNG THE
SAN MIGUEL RANCH FISCAL DEFICIT FEE AS A BUILDiNG PERMIT-
BASED FEE TO PROVIDE PERMANENT FUNDiNG FOR THE
PREPARATION OF 15 ANNUAL FISCAL REVIEWS FOR THE SAN
MIGUEL RANCH PROJECT, AND FOR THE PAYMENT OF ANY FISCAL
DEFICITS IDENTIFIED BY THOSE ANNUAL REVIEWS, AS REQUIRED
BY ORDINANCE 2829, WHICH ESTABLISHED THE SAN MIGUEL RANCH
FISCAL DEFICIT ACCOUNT
ORDiNANCE NO. 2841, ORDiNANCE OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ESTABLISHiNG THE SAN MIGUEL RANCH
FISCAL DEFICIT FEE AS A BU1LDiNG PERMIT-BASED FEE TO PROVIDE
PERMANENT FUNDiNG FOR THE PREPARATION OF 15 ANNUAL,
FISCAL REVIEWS FOR THE SAN MIGUEL RANCH PROJECT, AND FOR
THE PAYMENT OF ANY FISCAL DEFICITS IDENTIFIED BY THOSE
ANNUAL REVIEWS, AS REQUIRED BY ORDINANCE 2829, WHICH
ESTABLISHED THE SAN MIGUEL RANCH FISCAL DEFICIT ACCOUNT
The motion carried 5-0.
12. CONSIDERATION OF ASSESSMENT OF CERTAiN DELINQUENT SOLID WASTE
SERVICE CHARGES AS LIENS UPON THE RESPECTIVE PARCELS OF LAND
AND PLACEMENT OF DELiNQUENT CHARGES ON THE NEXT REGULAR TAX
BILL FOR COLLECTION (CONTINUED FROM THE MEETiNG OF JULY 24, 2001)
Municipal Code, Section 8.24.180 allows delinquent solid waste service charges to be
assessed as liens upon the affected properties and ultimately placed on the property tax
bills for collection. (Deputy City Manager Powell)
Notice of the heating was given in accordance with legal requirements, and the hearing was held
on the date and at the time specified in the notice.
Deputy City Manager Powell informed Council that staff from Pacific Waste Services and the
City had worked with the public over the past two weeks to assist with resolving their solid
waste billing issues.
Sid Morris, 862 Cedar Avenue, objected to being billed for something that he, the property
owner, did not cause to happen.
Jerry Ohm, 157 Inkopah Street, submitted a list of proposed changes to Chapters 8.24 and 8.25
of the Municipal Code for Council consideration. He stated that he had attempted to obtain an
exemption to self-haul his solid waste but was informed that his request would be denied because
he did not meet the letter of the code. He asked Council for an exemption to self-haul his solid
waste and to set aside his lien.
Page 8 - Council Minutes 08/07/01
PUBLIC HEARINGS (Continued)
With no further members of the public wishing to speak, Mayor Horton closed the hearing.
Councilmember Rindone explained that solid waste services benefit the community as a whole
and that Council would examine additional options and possible adjustments to the solid waste
ordinance.
Mayor Horton informed Mr. Ohm that his letter would be forwarded to the City Attorney for
review. She added that a proposal regarding solid waste services would be presented to Council
in the next couple of months.
ACTION: Deputy Mayor Davis offered Resolution No. 2001-257, heading read, text
waived:
RESOLUTION NO. 2001-257, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA ASSESSING DELINQUENT SOLID WASTE
CHARGES AS LIENS UPON THE RESPECTIVE PARCELS OF LAND AND
APPROVING PLACEMENT OF DELINQUENT CHARGES ON THE NEXT
REGULAR TAX BILL
The motion carded 5-0.
13. CONSIDERATION OF A CONDITIONAL USE PERMIT TO INSTALL, OPERATE
AND MAINTAIN A WIRELESS COMMUNICATIONS FACILITY, CONSISTING OF
A 66-FOOT-HIGH LIGHT STANDARD, SUPPORTING NINE ANTENNAS, AND AN
ASSOCIATED EQUIPMENT BUILDING AT AN UNLIT BASEBALL FIELD
WITHIN ROHR PARK, 4548 SWEETWATER ROAD (APPLICANT - COX/SPRINT
PCS)
Cox/Sprint PCS has requested a Conditional Use Permit to construct and operate an
unmanned cellular communications facility at 4548 Sweetwater Road (Rohr Park). The
project would consist of a 384 square-foot equipment and storage building, and a 66-foot
high light standard supporting nine antennas. The light standard location is proposed to
be in the right field of a currently unlit baseball diamond in the park. The City will use
revenue generated from the antennas to purchase and install five additional lights at the
ball field. (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.
Associate Planner Vander Bie gave a presentation on the proposed communications facility.
Mayor Horton opened the public heating.
Page 9 - Cotmcil Minutes 08/07/01
PUBLIC HEARINGS (Continued)
Christa Hoffman, 3580 Evergreen Road, Bonita, submitted a petition with 179 signatures from
residents who opposed the proposed telecommanications facility. She believed that the park
should be used solely for the enjoyment of the public, and that no part of it should be
industrialized. She stated that the height of the proposed tower was not only unsightly but also a
possible safety issue for ball players. She expressed concern that in light of the present energy
crisis, nighttime lighting for the park would increase costs for taxpayers, and it would also attract
other communities to the lighted ballfields, thereby increasing traffic on Sweetwater Road. Ms.
Hoffman believed that the electromagnetic rays emitted from the tower would create health
hazards, and she requested Council not to take the park away from the commtmity.
Robert Krebs, 9225 Dowdy Drive, #112, San Diego, representing Sprint PCS, discussed the
benefits of the proposed commtmications facility and asked Council to support the proposal.
Mike Kujawa, 3580 Evergreen Road, Bonita, opposed the proposed facility, stating that the park
was intended for the enjoyment of the public. He stated that the proposed antenna served Sprint
customers only and added that he had tested other wireless service phones in and around the area
and had found the signal strength and reception to be good. He was opposed to giving, selling, or
trading away City land to Cox Sprint for its private use and explained that there is no certainty
that radio frequency levels do not affect people. He asked the Council to reject the proposal.
With no further members of the public wishing to speak, Mayor Horton closed the hearing.
Councilmember Padilla asked why the applicant had not co-located with the two existing sites on
Bonita and Willow Roads. Mark Masemik, representing Sprint PCS, responded that each
telecommunications network was designed differently; Sprint required multiple sites for its
needs, and alternate sites tested did not meet Sprint's coverage objectives. Councilmember
Padilla asked whether or not policies existed locally or statewide to deal with permitting these
types of facilities in recreationally focused communities. Planning & Building Director Leiter
responded that staff was not aware of any policies in Chula Vista, other than the zoning
regulations; and he was not aware of existing policies in other cities. Councilmember Padilla
also asked if there were other locations in the City where these types of antenna densities
occurred. Parks & Recreation Director Campbell replied that there were four antennas located at
the gymnasium at Castle Park High School and an equal number located on Sharp Hospital
property. Conncilmember Padilla expressed concem regarding the concentration of
communications facilities in one area due to potential health impacts.
Conncilmember Salas asked whether the proposed facility would constrain public accessibility to
the park. Parks & Recreation Director Campbell responded that, although 384 square feet would
be lost, the trade-offwould be the gain of a softball field that could be used by senior adults who
would pay for the field and electrical utilities. He added that the inclusion of nighttime facilities
would alleviate conflicts regarding time taken away from the youth leagues. Coancilmember
Salas stated that it was important to look at the total benefit to the public when making these
types of decisions.
ACTION: Mayor Horton moved to continue the item to the meeting of August 14, 2001, in
order to give the Council the opportunity to visit the neighborhood and examine
the location. Councilmember Rindone seconded the motion, with a suggestion
that the proposed facility be included as part of the Council's capital improvement
project tour scheduled for Saturday, August 11, 2001. The motion carried 5-0.
Page 10 - Council Minutes 08/07/01
ACTION ITEMS
14. CONSIDERATION OF THE SAN MIGUEL RANCH AFFORDABLE HOUSING
AGREEMENT
On February 29, 2000, Council approved the San Miguel Ranch tentative subdivision
map, Chula Vista Tract 99-04. A condition o£ the tentative map requires that the
developer, Trimark Pacific San Miguel, LLC, enter into an agreement with the City to
guarantee the construction and delivery of housing units affordable to low and moderate
income households prior to recordation of San Miguel Ranch's first final map. To
comply with this condition, an affordable housing agreement for San Miguel Ranch was
prepared for Council's consideration. (Director of Community Development)
ACTION: Councilmember Rindone offered Resolution No. 2001-258, heading read, text
waived:
RESOLUTION NO. 2001-258, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA APPROVING AN AFFORDABLE HOUSING
AGREEMENT RELATED TO SAN MIGUEL RANCH, AND AUTHORIZING
THE MAYOR TO SIGN THE AGREEMENT
The motion carried 5-0.
15. CONSIDERATION OF A FINAL MAP FOR SAN MIGUEL RANCH PHASES 1, 2
AND 4, CHULA VISTA TRACT NO. 99-04
On February 29, 2000, Council approved a tentative subdivision map for San Miguel
Ranch, Chula Vista Tract 99-04. The developer submitted a master final map showing
"super-block" lots corresponding to the tentative map planning areas. The map also
shows the public street dedications and backbone utility easements required to serve the
super-block lots. (Director o£ Public Works/Director o£ Planning and Building/Director
of Parks and Recreation)
ACTION: Councilmember Padilla offered the following resolutions, headings read, texts
waived:
RESOLUTION NO. 2001-259, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA APPROVING FINAL MAP OF CHULA VISTA
TRACT NO. 99-04, SAN MIGUEL RANCH, PHASES 1, 2 AND 4,
ACCEPTING ON BEHALF OF THE CITY OF CHULA VISTA,
MAINTENANCE AND ACCESS EASEMENTS, ASSIGNABLE GENERAL
UTILITY AND ACCESS EASEMENTS, DRAINAGE AND ACCESS
EASEMENTS, PUBLIC TRAIL AND LANDSCAPE BUFFER EASEMENTS,
TREE PLANTING AND MAiNTENANCE EASEMENTS, SIGHT VISIBILITY
EASEMENTS, SEWER EASEMENTS, AND PEDESTRIAN ACCESS
EASEMENTS, ACCEPTING ON BEHALF OF THE PUBLIC FOR PUBLIC
Page 11 - Council Minutes 08/07/01
ACTION ITEMS (Continued) -
USE: CALLE LA QU1NTA, PASEO VERACRUZ, MOUNT MIGUEL ROAD
AND PROCTOR VALLEY ROAD, GRANTED ON SAID MAPS WITHIN
SAID SUBDIVISION, ACKNOWLEDGING ON BEHALF OF THE PUBLIC,
THE IRREVOCABLE OFFERS OF DEDICATION FOR LOT "P" FOR OPEN
SPACE, TRANSPORTATION AND OTHER PUBLIC PURPOSES; FOR LOTS
"M" AND "GG" FOR PUBLIC PARK PURPOSES; FOR LOTS "A" AND "O"
FOR OPEN SPACE AND OTHER PUBLIC PURPOSES; ALL AS SHOWN ON
THIS MAP WITHIN THIS SUBDIVISION APPROVING THE SUBDIVISION
IMPROVEMENT AGREEMENT FOR THE COMPLETION OF
IMPROVEMENTS REQUIRED BY SAID SUBDIVISIONS, AND
AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENTS, AND
APPROVING A REDUCTION 1N AREA FOR CPF LOT 13 FROM 2.7 ACRES
TO 1.0 ACRES
RESOLUTION NO. 2001-260, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA APPROVING SUPPLEMENTAL
SUBDIVISION IMPROVEMENT AGREEMENT FOR SAN MIGUEL RANCH
PHASES 1, 2 AND 4, CHULA VISTA TRACT NO. 99-04, AND
AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
RESOLUTION NO. 2001-261, RESOLUTION OF THE CITY COUNCIL OF -
THE CITY OF CHULA VISTA APPROVING A GRANT OF EASEMENTS
LICENSE AND MAINTENANCE AGREEMENT BETWEEN NNP-TRIMARK
SAN MIGUEL RANCH, LLC AND THE CITY OF CHULA VISTA FOR THE
MAINTENANCE OF PUBLIC LANDSCAPING AND DRAINAGE
IMPROVEMENTS WITHIN A PORTION OF SAN MIGUEL RANCH,
PHASES 1, 2 AND 4 AND AUTHORIZING THE MAYOR TO EXECUTE
SAID AGREEMENT
RESOLUTION NO. 2001-262, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA APPROVING AN OPTION AGREEMENT
BETWEEN THE CITY AND NNP-TRIMARK PACIFIC, LLC, FOR THE SAN
MIGUEL RANCH SECONDARY COMMUNITY PURPOSE FACILITY (CPF)
SITE, CP-B, AND AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT
The motion carded 5-0.
16. CONSIDERATION OF ADOPTION OF A RESOLUTION APPROVING AN
ENCROACHMENT PERMIT FOR GLOBAL CROSSING LOCAL SERVICES, iNC.
TO INSTALL AND OPERATE A FIBER OPTIC CABLE SYSTEM THROUGH THE
CITY
Page 12 = Council Minutes 08/07/01
ACTION ITEMS (Continued)
Last fall, Global Crossing Local Services, Inc. approached staff with a request to install
international fiber optic lines through Chula Vista. Negotiations began last November to
provide the company with a preferred route through the South Bay in exchange for
inclusion of a single conduit. The conduit was to be capable of containing the fibers
necessary for South Bay cities, Caltrans, and other traffic-related agencies to connect to a
single traffic management network. The remaining capacity of the conduit could then be
used by local jurisdictions for local uses. (Director of Public Works/Special Operations
Manager)
Assistant City Attorney Googins elaborated on the processes for the installation and operation of
a fiber optic cable system through the City.
Mayor Horton questioned whether disruptions would be caused by the cable installation and
whether a project completion date had been established. Mr. Googins replied that a traffic
control plan had been implemented. Dan Stanton, representing the contracting team for the
construction project, stated that construction had already commenced and that the estimated
completion date was early October 2001.
Councilmember Salas asked whether the capacity of the cable would be used only for local
jurisdictions and agencies, or whether it would also be considered for commercial use. Mr.
Googins responded that the cable would be used for governmental purposes only.
Councilmember Salas stated that the installation of the cable was very important to the City from
the standpoint of economic development and being more competitive in the region.
Councilmember Rindone asked about apprising residents about the project. Mr. Googins
responded that project impacts would not be substantial and that he would discuss the
notification to residents and businesses in the area with Mr. Meacham.
ACTION: Councilmember Salas offered Resolution No. 2001-263, heading read, text
waived:
RESOLUTION NO. 2001-263, RESOLUTION OF THE CITY COLrNCIL OF
THE CITY OF CHULA VISTA APPROVING AN ENCROACHMENT
PERMIT FOR GLOBAL CROSSING LOCAL SERVICES, INC., TO INSTALL
AND OPERATE A FIBER OPTIC CABLE SYSTEM COMPRISED OF ONE
BUNDLE OF FIVE CONDUITS AND RELATED EQUIPMENT THROUGH
THE CITY, VIA FOURTH AVENUE, MAIN STREET, BROADWAY AND
BEYER BOULEVARD, APPROVING A CONDUIT AGREEMENT THAT
TRANSFERS OWNERSHIP OF ONE OF THE FIVE CONDUITS TO THE
CITY, AND AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT
The motion carried 5-0.
Page 13 - Council Minutes 08/07/01
OTHER BUSINESS
17. CITY MANAGER'S REPORTS
City Manager Rowlands announced that the Rohr Park lights would be added to the capital
improvement project tour scheduled for Saturday, August 11, 2001, from 9:00 a.m. to
approximately 12:00 p.m.
18. MAYOR'S REPORTS
A. Ratification of appointment to the Economic Development Commission - Ramin
Moshiri
ACTION: Mayor Horton moved to ratify the appointment of Ramin Moshiri to the
Economic Development Commission. Deputy Mayor Davis seconded the motion,
and it carried 5-0.
B. Ratification of appointment to the Cultural Arts Commission - Thomas Brewer
ACTION: Mayor Horton moved to ratify the appointment of homas Brewer to the Cultural
Arts Commission. Deputy Mayor Davis seconded the motion, and it carried 5-0.
19. COUNCIL COMMENTS -
Councilmember Salas spoke regarding the resurgence of discussions on the Brown Field cargo
expansion. She suggested that, since some of the San Diego Councilmembers were new and had
not been involved in past discussions regarding Brown Field, consideration be given to inviting
them to Chula Vista to tour the Brown Field area in order to observe first hand the work Chula
Vista has done to develop new communities and the potential negative impacts the air cargo
facility could have on the citizens of Chula Vista.
Mayor Horton reported that she would share Councilmember Salas' concerns with those who
have been involved with the proposed Brown Field expansion since its outset.
Councilmember Rindone expressed his appreciation to Planning & Building Director Leiter for
his proactive and timely response on the preservation issue. He also commended Deputy City
Manager Powell for his leadership regarding the assessment district refinancing and for the
significant savings to property owners by reducing their costs in excess of 15 percent.
CLOSED SESSION
20. CONFERENCE WITH LABOR NEGOTIATOR PURSUANT TO GOVERNMENT
CODE SECTION 54957.6
· City Negotiator: City Manager
· Employee Organizations: Chula Vista Employees Association, Western Council
of Engineers
· Employee Groups: Executive, Senior-Management, Mid-Management, -
Confidential and Unrepresented
Page 14 - Council Minutes 08/07/01
No action was taken.
CLOSED SESSION (Continued)
21. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION
PURSUANT TO GOVERNMENT CODE SECTION 54956.9(A)
· Tuchscher Development Enterprises, Inc. v. City of Chula Vista (case no. GIC
758620)
· City of Chula Vista v. Bamhart Construction (case no. SDSC GIS 3859)
· Itam Plastering, Inc. v. City of Chula Vista (case no. IS 5571)
This item was not discussed and was continued to the meeting of August 14, 2001.
ADJOURNMENT
At 7:45 p.m., Mayor Horton adjourned the meeting to an Adjourned Regular Meeting on August
11, 2001, at 9:00 a.m. in Conference Room 1, located in the Public Services Building, at 276
Fourth Avenue, and thence to the Regular Meeting of August 14, 2001.
Respectfully submitted
-~Lorraine Bennett, Deputy City Clerk
Page 15 - Council Minutes 08/07/01