HomeMy WebLinkAboutcc min 2001/07/24 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF CHULA VISTA
July 24, 2001 6:00 P.M.
A Regular Meeting of the City Council of the City of Chula Vista was called to order at 6:05
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
· PRESENTATION OF A PROCLAMATION TO BOYD BARGER, DIRECTOR OF
THE SAN DIEGO JOB CORPS CENTER, FOR THE CENTER'S TWENTY-TWO
YEARS OF DEDICATED SERVICE
Mayor Horton read the proclamation, and Deputy Mayor Davis presented it to Mr. Barger.
CONSENT CALENDAR
(Items 1 through 8)
1. APPROVAL OF MINUTES of June 28 and July 10, 2001.
Staff recommendation: Council approve the minutes.
2. WRITTEN COMMUNICATIONS
A. Letter from the City Attorney stating that to the best of her knowledge from
observance of actions taken in Closed Session on July 17, 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 Maryellene Deason, member of the [Ioard of Library
Trustees.
Staff recommendation: The resignation be accepted with regret and the City
Clerk be directed to post immediately in accordance with Maddy Act
requirements.
CONSENT CALENDAR (Continued) -
3. ORDINANCE NO. 2839, ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROViNG THE PLANNED COMMUNITY 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
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-shaped lot referred to as the "panhandle" parcel.
The Woods and Vistas, combined, 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 requires 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. This ordinance had its first reading on July
17, 2001. (Director of Planning and Building)
Staff recommendation: Council place the ordinance on second reading for adoption.
4. ORDINANCE NO. 2840, ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ESTABLISHING A 35 M.P.H. SPEED LIMIT ON PALOMAR
STREET, BETWEEN INDUSTRIAL BOULEVARD AND BROADWAY, AND
AMENDING SCHEDULE X OF THE REGISTER AS MAiNTAiNED BY THE
OFFICE OF THE CITY ENGINEER
Based on the provisions of California Vehicle Code Section 40803, and pursuant to
authority under Chula Vista Municipal Code Section 10.48.020, the City Engineer has
determined that, based on a traffic engineering study, the speed limit on Palomar Street
between Industrial Boulevard and Broadway should be decreased from the existing
posted 40 M.P.H. to 35 M.P.H. The ordinance had its first reading on July 17, 2001.
(Director of Public Works)
Staff recommendation: Council place the ordinance on second reading for adoption.
Page 2 - Council Minutes 07/24/01
CONSENT CALENDAR (Continued)
5. RESOLUTION NO. 2001-228, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ORDERING THE SUMMARY VACATION OF A
DRAINAGE EASEMENT WITHIN LOT 9 OF MAP NO. 14187 AT 1250 GRANITE
SPRINGS DRIVE
A request was received to vacate a drainage easement belonging to the City within the
property located at 1250 Granite Springs Drive, also known as Lot 9 of Map No. 14187,
owned by The Eastlake Company. In accordance with Chapter 4, Section 8335 of the
California Streets and Highways Code, this type of vacation may be performed
summarily through adoption of a resolution ordering said summary vacation. Section
66477.5(c) of the Subdivision Map Act states that if a local agency determines that the
public purpose for which the dedication was required does not exist, it shall re-convey the
property to the subdivider or successor-in-interest, as specified in the subdivision. The
easement will be draining a private open space lot; therefore, no public easement is
needed. (Director of Public Works)
Staff recommendation: Council adopt the resolution.
6. RESOLUTION NO, 2001-229, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE SECOND AMENDMENT TO THE
AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE SAN DIEGO
TRANSIT CORPORATION AND AUTHORIZING THE MAYOR TO EXECUTE THE
AMENDMENT
At its meeting of February 27, 2001, Council approved the agreement between the City
and San Diego Transit Corporation for fixed-route bus service by exercising the option
for the period of July 1, 2001 through June 30, 2002. Additionally, on July 18, 2000,
Council approved the City's participation in the regional consolidation of Transportation
Development Act funds. As part of the consolidated budget process for Fiscal Year 2002,
City transit staff was granted $60,000 for an operator incentive bonus. The bonus will be
distributed to drivers who meet specific performance criteria, as determined by the
Transit Coordinator. (Director of Public Works)
Staff recommendation: Council adopt the resolution.
7. RESOLUTION NO. 2001-230, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING A COOPERATIVE AGREEMENT WITH
THE SOUTHWESTERN COLLEGE SMALL BUSINESS DEVELOPMENT AND
iNTERNATIONAL TRADE CENTER TO COORDINATE AND AVOID
DUPLICATION SERVICES, IDENTIFY GAPS, AND TARGET SERVICES TO FILL
THOSE GAPS
The proposed agreement is similar to a previous agreement signed by the Southwestern
College Small Business Development and International Trade Center and the City on
Page 3 - Council Minutes 07/24/01
CONSENT CALENDAR (Continued) -
November 25, 1996. In an effort to re-establish and solidify a partnering relationship
with Southwestern College, staff requests renewal of the agreement. If approved, the
new agreement will expire on July 1, 2002, and will be renewed annually. The scope of
work outlines a collaborative relationship between the aforementioned parties in the areas
of small business development, retention, and expansion services. (Director of
Community Development)
Staffrecommendation: Council adopt the resolution.
8. RESOLUTION NO. 2001-231, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AUTHORIZING THE PURCHASE OF UNLEADED
GASOLINE AND DiESEL FUEL ON AN AS-NEEDED BASIS FROM THE SOCO
GROUP, INC. IN ACCORDANCE WITH TERMS AND CONDITIONS OF A
COOPERATIVE AGREEMENT WITH THE CITY OF SAN DIEGO, FOR A PERIOD
OF ONE YEAR, BEGINNING AUGUST 1, 2001 THROUGH JULY 31, 2002, WITH
OPTIONS TO RENEW FOR FOUR ADDITIONAL ONE-YEAR PERIODS
Approximately 286,200 gallons of unleaded and 86,300 gallons of diesel fuel are
purchased annually for City use. In addition, approximately 140,000 gallons of diesel
fuel will be purchased for transit use. (Deputy City Manager Powell)
Staffrecommendation: Council adopt the resolution.
Councilmember Rindone asked that a memorandum received from Councilmember Padilla _
requesting an excused absence be added to the agenda as Consent Item #SA.
Mr. Rindone spoke in support of Item #6, and he commended City Manager Rowlands and
Transit Coordinator Trujillo for their leadership with regard to negotiations. He stated that
MTDB's endorsement of the responsible wage would reward good employees and promote
stability for those dependent upon rapid transit, which he believed was an important community
service.
Councilmember Salas asked that the minutes of the Council workshop held June 28, 2001,
regarding SR-125 be amended to include her comments regarding financing options.
ACTION: Councilmember Rindone moved to approve staff recommendations and offered
the Consent Calendar, headings read, texts waived, as amended to include
approval of Councilmember Padilla's request for an excused absence and
Councilmember Salas' request to amend the June 28, 2001 minutes. The motion
carried 4-0.
ORAL COMMUNICATIONS
Edward Rosenthal, 627-A H Street #162, representing the Professional Access Producers
Association (P.A.P.A.), stated that the access producer for Chula Vista Cable informed him that
he would be charged a fee to air his shows on the station because there is no public access
channel. Mr. Rosenthal stated that the franchise agreement between the City and Chula Vista
Cable requires one channel to be available for public or community access at no charge. He
submitted copies of a letter to Council from the association's president, Victoria Turner, and
requested a report on the issue. Mayor Horton referred the matter to the City Attorney for a
report and asked staff to contact Mr. Rosenthal.
Page 4 - Council Minutes 07/24/01
PUBLIC HEARINGS
9. CONSIDERATION OF THE FORMATION OF THE DOWNTOWN CHULA VISTA
PROPERTY-BASED BUSINESS IMPROVEMENT DISTRICT (PBID)
The establishment of a property-based business improvement district (PBID) for
downtown Chula Vista is a top priority of the City's revitalization efforts in the urban
core. On May 1, 2001, the City acted to support the establishment of the downtown
PBID and to sign the petition to contribute to the PBID for all City and Redevelopment
Agency properties within the proposed District. The City adopted a Resolution of Intent
to form the PBID on June 5, 2001, in accordance with state law and the successful
completion of the petition drive. The ballot proceedings that follow this action are the
subject of this public hearing. (Director of Community Development)
Notice of the hearing was given in accordance with legal requirements, and the heating was held
on the date and at the time specified in the notice.
Redevelopment Manager Estes reported on the vision; goals and objectives; affected areas;
current bid scenario; and history of the proposed PBID.
Mayor Horton opened the public heating.
Jerry Forbes, representing the VFW 2111, asked whether or not the non-profit status of certain
organizations like the Veterans of Foreign Wars was taken into consideration in proposing the
assessments. Redevelopment Manager Estes responded that the steering committee decided to
include non-profits, governmental entities, and churches in the assessment district to involve all
property owners. Mr. Forbes spoke in support of the establishment ora PBID.
Jon Miller, 283 G Street, owner of property on Third Avenue and a member of the steering
committee, commended staff for their efforts and asked the Council to support the PBID.
Roslyn Chasan, owner of property at 357-369 Third Avenue, expressed support for the PBID,
stating that it would benefit property owners and provide increased revenues for the City.
Larry Schulthers, representing VFW 2111, spoke in support of the PBID and asked to participate
in the decision-making process.
With no further members of the public wishing to speak, Mayor Horton closed the public hearing
and asked the City Clerk to tally the ballots.
Councilmember Rindone asked if the voles would be weighted. Mr. Estes responded that that
the votes would be weighted in accordance with state law. Councilmember Rindone asked how
the assessments would be administered if the PBID were established. Consulting Engineer
Kristin Lowell responded that liens would be placed on the properties, and the assessments
would be reflected on property tax bills. Councilmember Rindone suggested that three members
of the public be invited as act as observers in the ballot tally process.
Page 5 - Council Minutes 07/24/01
PUBLIC HEARINGS (Continued) -
Following the ballot tally, City Clerk Bigelow announced the official results: 151 ballots were
received; 79 favored and 72 opposed the formation of the PBID; the 151 returned ballots
represented $202,150.22; and $145,222.04, or 71.84% of the vote, was in favor of the district.
ACTION: Mayor Horton offered Resolution No. 2001-232, heading read, text waived:
RESOLUTION NO. 2001-232, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA DECLARING THE RESULTS OF THE
ASSESSMENT BALLOT TABULATION, CONFIRMING THE DIAGRAM
AND ASSESSMENT, PROVIDING FOR THE LEVY OF THE ANNUAL
ASSESSMENT; AND ESTABLISHING THE DOWNTOWN CHULA VISTA
PROPERTY-BASED BUSINESS IMPROVEMENT DISTRICT (PBID)
PURSUANT TO THE PROPERTY AND BUSINESS IMPROVEMENT
DISTRICT LAW OF 1994
The motion carded 4-0.
10. CONSIDERATION OF TESTIMONY REGARDING THE FISCAL YEAR 2001/2002
SPREAD OF ASSESSMENTS FOR OPEN SPACE DISTRICT 10
Based on the City Attorney's advice, agenda items 10 and 11 were separated from agenda -
item 12 due to conflict of interest concerns. One Conncilmember owns property subject
to the proposed assessment in this district. (Director of Public Works)
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.
Councilmember Salas left the dais due to a possible conflict of interest.
Mayor Horton opened the public heating. With no members of the public wishing to speak, she
then closed the heating.
ACTION: Councilmember Rindone offered Resolution No. 2001-233, heading read, text
waived:
RESOLUTION NO. 2001-233, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA ORDERING CERTAIN OPEN SPACE AND
MAINTENANCE FACILITIES TO BE MAINTAINED, APPROVING
MODIFICATIONS TO THE ENGINEER'S REPORT AND LEVYING
ASSESSMENTS FOR FISCAL YEAR 2001/2002 FOR OPEN SPACE
DISTRICT NO. 10
The motion carried 3-0, with Councilmember Salas not present at the dais. _
Councilmember Salas then returned to the dais.
Page 6 - Council Minutes 07/24/01
PUBLIC HEARiNGS (Continued)
11. CONSIDERATION OF TESTIMONY REGARDING THE FISCAL YEAR 2001/2002
SPREAD OF ASSESSMENTS FOR OPEN SPACE DISTRICT 14
Based on the City Attorney's advice, agenda items 10 and 11 were separated from agenda
item 12 due to conflict of interest concerns. One Councilmember owns property subject
to the proposed assessment in this district. (Director of Public Works)
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.
Deputy Mayor Davis left the dais due to a possible conflict of interest.
Mayor Horton opened the public heating.
Patrick Galbreathy, 1533 Courtney Vistas, favored staff's recommendation and thanked City
staff for their attention to the maintenance of the community.
With no further members of the public wishing to speak, Mayor Horton closed the heating.
ACTION: Councilmember Rindone offered Resolution No. 2001-234, heading read, text
waived:
RESOLUTION NO. 2001-234, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA ORDERING CERTAIN OPEN SPACE AND
MAINTENANCE FACILITIES TO BE MAINTAINED, APPROVING
MODIFICATIONS TO THE ENGINEER'S REPORT AND LEVYiNG
ASSESSMENTS FOR FISCAL YEAR 2001/2002 FOR OPEN SPACE
DISTRICT NO. 14
The motion carried 3-0, with Deputy Mayor Davis not present at the dais.
Councilmember Davis then returned to the dais.
12. CONSIDERATION OF TESTIMONY ON THE FISCAL YEAR 2001/2002 LEVY
AND COLLECTION OF ASSESSMENTS FOR CITY OPEN SPACE DISTRICTS 1
THROUGH 9, 11, 15, 17, 18, 20, 23, 24, 26, 31 AND 33, BAY BOULEVARD, TOWN
CENTRE MAINTENANCE DISTRICTS, AND EASTLAKE MAINTENANCE
DISTRICT NO. 1
The City administers 25 open space districts, which have been established over the last
thirty years to provide the mechanism to finance the maintenance of common open space
areas (canyons, trails, medians, etc.) associated with and benefiting from that particular
development. As part of this process, a levy of an annual assessment is necessary to
enable the City to collect funds for proposed open space maintenance. At this meeting,
Page 7 - Cotmcil Minutes 07/24/01
PUBLIC HEAR1NGS (Continued) -
Council is considering two other items that will affect the open space maintenance
districts. Item #9 pertained to the formation of a property-based Business Improvement
District (PBID) for downtown Chula Vista, which will take effect January 1, 2002, and
dissolve the existing Town Centre Maintenance District. The other item, #18, concerns
an agreement between the City, House of Blues and Knott's Soak City for maintenance
of landscape improvements within Open Space District 23 and the Main Street median.
If the agreement is approved, the district would not be dissolved, but the City would
discontinue collecting an assessment for the district for an indefinite period of time.
(Director of Public Works)
Notice of the heating was given in accordance with legal requirements, and the heating was held
on the date and at the time specified in the notice.
Public Works Director Lippitt reported receipt of a letter of protest from Ms. Santos, 1020
Arroyo Drive, stating her concerns with the area. Mr. Lippitt stated that staff would meet with
Ms. Santos to discuss her concerns.
Mayor Horton opened the public heating.
Richard Arguilez, 590 Vista Miranda, opposed the proposed fee increase due to discrepancies in
the level of maintenance of certain open space areas in Rancho Del Rey. He submitted -
photographs that illustrated unkempt areas of brush and dead trees and expressed concern about
potential fire hazards.
Susan Wise, 582 Vista Miranda, opposed the proposed fee increase and requested that the
existing landscaping be replaced with iceplant as a safeguard against fires. She explained that
she had purchased her property at a higher price because of its view, but the view has since been
obstructed by the growth of trees on the embankment.
With no further members of the public wishing to speak, Mayor Horton closed the hearing.
Mayor Horton asked staff to address the concerns raised by the speakers regarding parity issues
in the different neighborhoods.
Councilmember Salas stated that because the City contracts with several landscape firms, it is
important for staff to evaluate and establish performance levels for each contractor.
Councilmember Rindone requested a staff report within 90 days on the steps taken to resolve the
concerns raised by the residents of the area.
ACTION: Mayor Horton then offered Resolution Nos. 2001-235 and 2001-236, headings
read, texts waived, with the caveat that the issues raised by the residents be
addressed immediately and to the satisfaction of the property owners: _
Page 8 - Council Minutes 07/24/01
PUBLIC HEARINGS (Continued)
RESOLUTION NO. 2001-235, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA ORDERING CERTAIN OPEN SPACE AND
MAINTENANCE FACILITIES TO BE MAINTAINED, APPROVING
MODIFICATION TO THE ENGINEER'S REPORT, AND LEVYING
ASSESSMENTS FOR FISCAL YEAR 2001/2002 FOR OPEN SPACE
MAINTENANCE DISTRICTS 1 THROUGH 9, 11, 15, 17, 18, 20, 23, 24, 26,
31, AND 33, BAY BOULEVARD, AND EASTLAKE MAINTENANCE
DISTRICT NO. 1
RESOLUTION NO. 2001-236, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA DECLARING THE INTENT TO INITIATE
DISSOLUTION PROCEEDINGS FOR THE TOWN CENTRE
MAINTENANCE DISTRICT
The motion carried 4-0.
13. 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
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 heating was held
on the date and at the time specified in the notice.
Deputy City Manager Powell stated that City staff and Pacific Waste had notified property
owners of their delinquent accounts, which resulted in many accounts being cleared. He
recommended that the heating be continued to August 7, 2001, so that continued efforts could be
made to resolve issues with property owners.
Charles Delaurentiz, 103 Guava Avenue, stated that although he was refused service, he had
received bills from Pacific Waste between 1995 and 1999; he did not pay the bills. Upon receipt
of a lien notice from the City, he made full payment on his current waste bill but was
subsequently notified that he had incurred additional outstanding charges for a service that he
had never used.
Special Operations Manager Meacham stated that staff from the City and Pacific Waste Services
would be available in Conference Rooms 2 and 3 to assist the public with resolving issues on
solid waste service charges.
Nonie Quiogue, 521 4th Avenue, explained that he had requested an exemption from Pacific
Waste. He was informed that the exemption request was not received and that he needed to
resubmit. Although two of his rental units have been unoccupied since June and July of 2001,
Pacific Waste continued to charge him for service. Mayor Horton recommended that Mr.
Quiogue speak with staffto resolve the issue.
Page 9 - Council Minutes 07/24/01
PUBLIC HEARINGS (Continued) -
Paula Hemandez, 1616 Fourth Avenue, stated that Pacific Waste agreed to waive outstanding
fees for the period of 1998/1999, since she had not used their services during that time. When
her most recent payment was not credited to her account, her bill was forwarded to the City,
which added the waived fees from 1998/1999 to her existing account. When she explained that
the old fees had been waived, she was informed that the account was a collectible and needed to
be paid. Mayor Horton referred her to Mr. Meacham for assistance.
Hugh Winthrop, 1564 Diablo Point Court, stated that he does not use Pacific Waste services for
residential service but, rather, transports his residential trash to the dumpster he has paid for at
his business for 20 years. He felt that it was ludicrous to require weekly receipts for proof of
hauling his own trash in order to get exempted, and he questioned how the City could force him,
as a homeowner, to retain an account with a private enterprise. Mr. Meacham responded that the
City and Pacific Waste allow bi-monthly proof of weekly receipts for the purpose of ensuring
that self-disposal of waste is done at a State of California-approved landfill site.
An Van Nguyen, 1567 Cumbrie View, submitted a letter to Council and stated that he has an
arrangement with his landscape contractor to haul away his residential trash on a weekly basis.
Therefore, he believed there was no reason to pay for Pacific Waste services or to pay the
existing bill.
Jerry Ohm, 157 Inkopah Street, stated that he had requested an exemption for trash service, since
he does not generate enough trash for weekly disposal. He felt his requests for exemption were
denied by the City based strictly on the letter of the code, without taking his particular case into
consideration. Mr. Ohm requested an exemption to allow him to haul his own garbage without --
the requirement of weekly receipts.
Jim Home, 475 Clariss Street, stated that he had received no pickup service for five years and
did not generate waste, since he spends most of his time out of town.
Jo-Ann Hickey, 5945 Mission Gorge Road #9, San Diego, a Chula Vista rental property owner,
stated that her tenant was evicted in March of 2000. She was not notified of her tenant's
outstanding bills tmtil May 10, 2001. She submitted a letter requesting that the issue be resolved.
Bill Sanders, 527 Fifield, stated that there was no trash generated on his property and he objected
to paying for a service that was not being provided. He asked Council to dismiss the lien and
associated charges against his property.
Rosalinda Rodriguez, 1329 Monserate Avenue, stated that Pacific Waste was charging her for
service even though the service had been discontinued for non-payment. She questioned how
Pacific Waste could charge for services not rendered.
Charles Butler, 391 Vista Way, requested that the lien on 214 Garrett Avenue be cancelled since
he had paid the current bill. He believed that accounting problems exist with Pacific Waste and
the City's Finance Department and that those problems need to be addressed.
Edwardo Saucedo, 697 "J" Street, explained that he had informed Pacific Waste that his
properties were vacant but was told that he needed to provide proof of the vacancies. He
believed that it was easier for Pacific Waste to simply bill the residents and tell the City that the
residents owed money. He also stated that a monopoly was unhealthy for the residents.
Page 10 - Council Minutes 07/24/01
PUBLIC HEARiNGS (Continued)
James Vashon, 133 Jacqua Street, explained that he was out of town for months at a time and,
therefore, did not generate much trash. His absences prevented him from submitting receipts for
exemption. He asked that the City revise its service process and that a lien not be placed on his
property for services he was not there to use.
Victor Garcia, 1131 Elm Avenue, stated that he was billed for a tenant who had moved out of his
rental property a year ago. He was not notified of the delinquent bill for a year, although Pacific
Waste was supposed to notify property owners of delinquencies within 60 days. He believed that
he was paying for poor record-keeping practices and mistakes made by Pacific Waste, and he
asked that the problems be corrected.
ACTION: With no further members of the public wishing to speak, Mayor Horton continued
the heating to the meeting of August 7, 2001.
Mayor Horton declared a recess at 7:25 p.m.; she reconvened the meeting at 7:45 p.m. with
Councilmembers Davis, Rindone, Salas, and Mayor Horton present.
14. CONSIDERATION OF APPROVAL OF A TENTATIVE SUBDIVISION MAP (PCS-
01-07) TO DEVELOP TWELVE LOTS FOR SiNGLE-FAMILY HOMES AT THE
SOUTHERN TERMINUS OF CEDAR AVENUE (APPLICANT - TNT SERVICES)
The developer has requested approval of a 12-lot subdivision known as Cedar Park,
located at the southern terminus of Cedar Avenue. The project site is located in an
existing, single-family residential 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 heating was given in accordance with legal requirements, and the heating was held
on the date and at the time specified in the notice.
Associate Planner Vander Bie explained the request.
Mayor Horton questioned whether or not the design standards for the project would be out of
scale with the character of the existing neighborhood. Ms. Vander Bie replied that the proposed
development would have a stucco finish with light earth-tones that would be consistent with the
existing neighborhood. Mayor Horton noted that several property owners in the area had
expressed approval of the proposed development. She then opened the public heating. With no
members of the public wishing to speak, she then closed the hear/ng.
ACTION: Councilmember Rindone offered Resolution No. 2001-237, heading read, text
waived:
RESOLUTION NO. 2001-237, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA APPROViNG AND IMPOSING CONDITIONS
OF THE TENTATIVE SUBDIVISION MAP FOR CEDAR PARK, A 2.43-
ACRE TWELVE LOT SUBDIVISION FOR SiNGLE-FAMILY DWELLiNG
UNITS LOCATED AT THE SOUTHERN TERMINUS OF CEDAR AVENUe,
CHULA VISTA TRACT NO. CVT 01-07
The motion carried 4-0.
Page 11 - Council Minutes 07/24/01
BOARD AND COMMISSION RECOMMENDATIONS -
15. REPORT FROM THE BOARD OF ETHICS RECOMMENDING ADOPTION OF A
LOBBY1NG ORDINANCE FOR THE CITY OF CHULA VISTA (CONTINUED
FROM JULY 17, 2001)
At the Council meeting of March 6, 2001, Councilmember Salas requested the Board of
Ethics to consider whether the City would benefit from adopting a lobbying ordinance.
On May 15 and June 12, 2001, the Board discussed the matter and is recommending that
the Council adopt a lobbying ordinance requiring individuals acting as municipal
lobbyists to register and submit a financial disclosure form. (Board of Ethics)
Councilmember Salas stated that the City needs an ordinance applicable to Chula Vista.
Deputy Mayor Davis believed that more information was needed to determine whether or not the
City needs a lobbying ordinance.
Councilmember Rindone stated that there was a need to first define the problem that the City was
trying to solve, and to then look at solutions.
Councilmember Salas stated that Council needed to be certain that problems did not occur in the
future and that the public was aware of who the elected officials had access to and who had
access to them. -
Councilmember Rindone recommended that a workshop be scheduled within the next three to
four months on the subject.
ACTION: Mayor Horton directed the City Attorney to return to Council with an expanded
report at a future date.
ACTION ITEMS
16. REPORT AND PRESENTATION BY THE SAN DIEGO ASSOCIATION OF
GOVERNMENTS (SANDAG) REGARDING THE REGION2020 GROWTH
MANAGEMENT STRATEGY AND LOCAL INVOLVEMENT AND
IMPLEMENTATION
The San Diego Association of Governments (SANDAG) is holding a series of meetings
with local elected officials and City and County staff in the region's 18 cities and county
government regarding how to implement the REGION2020 Growth Management
Strategy. REGION2020 emphasizes applying smart growth principles to enhance the
quality of life in the San Diego region as it continues to grow. SANDAG is requesting
that REGION2020 be placed on a future City Council agenda to consider adoption of a
model resolution supporting the program and identifying specific commitments by the
City of Chula Vista. (Director of Platming and Building) _
Page 12 - Council Minutes 07/24/01
ACTION ITEMS (Continued)
Planning & Building Director Leiter introduced SANDAG and MTDB representatives, who gave
a presentation on the Region2020 Growth Management Strategy. Some of the areas discussed
included growth trends; projected number of housing units to accommodate population growth;
smart growth and resources for implementing smart growth; travel choices and alternatives; and
local and regional consistency.
ACTION: Deputy Mayor Davis moved to accept the report; and to direct staff to place the
Region2020 on a future agenda for the purpose of considering adoption of the
SANDAG model and to identify commitments that the City could look at for
implementation. Councilmember Rindone seconded the motion, and it carried 4-0.
17. CONSIDERATION OF APPROVAL OF AN AGREEMENT BETWEEN THE CITY
OF CHULA VISTA, HOUSE OF BLUES CONCERTS, 1NC. AND KNOTT'S SOAK
CITY U.S.A. FOR LANDSCAPE MAINTENANCE OF OPEN SPACE DISTRICT 23
AND THE MAiN STREET MEDIAN BETWEEN NIRVANA AVENUE AND
HERITAGE ROAD
House of Blues Concerts, Inc. and Knott's Soak City U.S.A. (Knott's) in Chula Vista
have requested the City to enter into an agreement to allow them to maintain the 1.4 acres
of landscaping and improvements currently maintained within Open Space District 23
and the 1.02 acres of landscaping and improvements within the Main Street median
between Nirvana Avenue and Heritage Road, versus conveying the property to the City
for maintenance under the City's Open Space section. (Director of Community
Development)
ACTION: Deputy Mayor Davis offered Resolution No. 2001-238, heading read, text
waived:
RESOLUTION NO. 2001-238, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA APPROVING AN AGREEMENT BETWEEN
THE CITY OF CHULA VISTA, HOUSE OF BLUES CONCERTS, INC. AND
KNOTT'S SOAK CITY U.S.A. FOR LANDSCAPE MAINTENANCE OF
OPEN SPACE DISTRICT 23 AND THE MAIN STREET MEDIAN BETWEEN
NIRVANA AVENUE AND HERITAGE ROAD
Mayor Horton seconded the motion, and it carried 4-0.
18. CONSIDERATION OF ACCEPTANCE OF A REPORT AND ADOPTION OF
RESOLUTIONS REGARDiNG THE IMPLEMENTATION OF A TRAFFIC
ENHANCEMENT PROGRAM FOR THE CITY TO HELP RELIEVE TRAFFIC
CONGESTION AND MAiNTAIN THE CITY'S GROWTH MANAGEMENT
TRAFFIC THRESHOLD STANDARD
The subject comprehensive traffic enhancement package will implement a program
outlined to the City Council on May 31, 2001. The objective of the three-part program is
to address ongoing transportation issues in the City prior to the construction of SR-125.
The focus is to reduce traffic congestion and meet the City's traffic threshold standard,
while accommodating needed economic growth and development to ensure that
infrastructure and growth are in balance and the community's quality of life standards are
sustained. (Director of Public Works)
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ACTION ITEMS (Continued)
Assistant City Manager Krempl reported on the implementation of the traffic capacity
enhancement program for the City.
Councilmember Rindone encouraged staff to review the possibility of widening the H Street
overpass at Interstate 1-805, which he believed was critical to help relieve traffic congestion.
Mayor Horton asked the status of the computerized synchronization of traffic signals. Deputy
Director of Public Works/Engineering Swanson responded that staff would provide a status
report.
Deputy Mayor Davis commented that CalTrans needed to coordinate its lights, particularly at H
Street and 1-805, to alleviate traffic backups.
ACTION: Mayor Horton moved to approve the following report and offered the following
resolutions, headings read, texts waived:
REPORT ON IMPLEMENTATION OF A TRAFFIC CAPACITY
ENHANCEMENT PROGRAM FOR THE CITY OF CHULA VISTA TO HELP
RELIEVE TRAFFIC CONGESTION AND MAINTAIN THE CITY'S
GROWTH MANAGEMENT TRAFFIC THRESHOLD STANDARD PRIOR TO
COMPLETION OF SR-125
RESOLUTION NO. 2001-239, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA APPROPRIATING $200,000 FROM THE
INTERIM STATE ROUTE-125 DEVELOPMENT IMPACT FEE FOR
ENGINEERING, ENVIRONMENTAL, AND TRAFFIC ANALYSIS WORK
FOR THE INTERIM STATE ROUTE-125 ROADWAY PROJECT
RESOLUTION NO. 2001-240, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA APPROVING PROJECT STAFFING AND
PROCESSING AGREEMENT BETWEEN THE CITY OF CHULA VISTA
AND BROOKFIELD SHEA OTAY LLC, THE EASTLAKE DEVELOPMENT
COMPANY, MCMILL1N OTAY RANCH LLC, OTAY PROJECT L.P., AND
APPROVING PROJECT STAFFING AND PROCESSING AGREEMENT
BETWEEN THE CITY OF CHULA VISTA, PACIFIC BAY HOMES, AND
TRIMARK PACIFIC HOMES, AND AUTHORIZING THE CITY MANAGER
TO EXECUTE THE AGREEMENTS
RESOLUTION NO. 2001-241, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA WAIVING THE CONSULTANT SELECTION
POLICY AND APPROVING A TWO-PARTY AGREEMENT
SUBSTANTIALLY 1N THE FORM ATTACHED BETWEEN THE CITY OF
CHULA VISTA AND MCGILL MARTIN & SELF, INC., FOR PROJECT
MANAGEMENT SERVICES FOR VARIOUS TRAFFIC ROADWAY AND
INTERSTATE-805 (1-805) FREEWAY INTERCHANGE IMPROVEMENTS,
AND AUTHORIZING THE CITY MANAGER TO MAKE MINOR
AMENDMENTS TO SAID AGREEMENT, AND AUTHORIZING THE CITY
MANAGER TO EXECUTE THE FINAL SAID AGREEMENT
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ACTION ITEMS (Continued)
RESOLUTION NO. 2001-242, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA WAIVING THE CONSULTANT SELECTION
POLICY AND APPROVING A TWO-PARTY AGREEMENT
SUBSTANTIALLY 1N THE FORM ATTACHED, BETWEEN THE CITY OF
CHULA VISTA AND LINSCOTT LAW & GREENSPAN FOR TRAFFIC
MODELING AND TRAFFIC ANALYSIS IN CONJUNCTION WITH
ENVIRONMENTAL REVIEWS FOR VARIOUS TRAFFIC ROADWAY AND
INTERSTATE-805 0-805) FREEWAY INTERCHANGE IMPROVEMENTS,
AND AUTHORIZING THE CITY MANAGER TO MAKE MINOR
AMENDMENTS TO SAID AGREEMENT, AND AUTHORIZING THE CITY
MANAGER TO EXECUTE THE FINAL SAID AGREEMENT
RESOLUTION NO. 2001-243, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA WAIVING THE CONSULTANT SELECTION
POLICY AND APPROVING A TWO-PARTY AGREEMENT
SUBSTANTIALLY IN THE FORM ATTACHED BETWEEN THE CITY OF
CHULA VISTA AND RECON FOR ENVIRONMENTAL SERVICES FOR
THE INTERIM STATE ROUTE-125; AND APPROVING A CONTRACT
SUBSTANTIALLY IN THE FORM ATTACHED, BETWEEN RECON, THE
CITY OF CHULA VISTA, PACIFIC BAY HOMES, AND TRIMARK PACIFIC
FOR ENVIRONMENTAL SERVICES FOR IMPROVEMENTS TO
INTERSTATE-805 (I-805) AND EAST "H" STREET INTERCHANGE AND
MT. MIGUEL ROAD, AUTHORIZING THE CITY MANAGER TO MAKE
MINOR AMENDMENTS TO SAID AGREEMENTS AND AUTHORIZING
THE CITY MANAGER TO EXECUTE THE FINAL SAID AGREEMENTS
RESOLUTION NO. 2001-244, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA WAIVING THE CONSULTANT SELECTION
POLICY AND APPROVING A CONTRACT SUBSTANTIALLY IN THE
FORM ATTACHED, BETWEEN DUDEK & ASSOCIATES, THE CITY OF
CHULA VISTA, BROOKFIELD SHEA OTAY, LLC, EASTLAKE
DEVELOPMENT COMPANY, MCMILLIN OTAY RANCH LLC, AND THE
OTAY PROJECT L.P. FOR ENVIRONMENTAL SERVICES FOR
IMPROVEMENTS TO INTERSTATE-805 (I-805) AND TELEGRAPH
CANYON ROAD INTERCHANGE AND PASEO RANCHERO EXTENSION,
AND AUTHORIZING THE CITY MANAGER TO MAKE MINOR
AMENDMENTS TO SAID AGREEMENT AND AUTHORIZING THE CITY
MANAGER TO EXECUTE THE FINAL SAID AGREEMENT
The motion carried 4-0.
OTHER BUSINESS
19. CITY MANAGER'S REPORTS
City Manager Rowlands announced that a capital improvement project tour was tentatively
scheduled for the Council on August 11, 2001, from 9:00 a.m. to 12:00 p.m.
Page 15 - Council Minutes 07/24/01
OTHER BUSINESS (Continued) --
20. MAYOR'S REPORTS
There were none.
21. COUNCIL COMMENTS
Deputy Mayor Davis reported that she had attended the opening of the Sharp Rees Steely facility
in Otay Ranch on July 24, 2001. She also stated that both she and Councilmember Rindone had
visited the new naval reserve recruiting station on H Street.
Councilmember Rindone congratulated City Clerk Bigelow on her upcoming marriage.
CLOSED SESSION
22. 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.
ADJOURNMENT
At 10:35 p.m., Mayor Horton adjourned the meeting to the Regular Meeting of August 7, 2001.
Respectfully submitted,
Susan Bigelow, CMC/AAE, City Clerk
Page 16 - Council Minutes 07/24/01