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HomeMy WebLinkAboutcc min 2001/08/14 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA August 14, 2001 6:00 P.M. A Regular Meeting of the City Council of the City of Chula Vista was called to order at 6:06 p.m. in the Council Chambers, located in the Public Services Building, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Councilmembers: Davis, Padilla, Rindone, Salas, and Mayor Horton ABSENT: Councilmembers: None ALSO PRESENT: City Manager Rowlands, City Attorney Kaheny, and City Clerk Bigelow PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY · OATH OF OFFICE: THOMAS BREWER - CULTURAL ARTS COMMISSION City Clerk Bigelow administered the Oath of Office to Mr. Brewer, and Deputy Mayor Davis presented him with a certificate of appointment. · INTRODUCTION OF THE FOLLOWING EXCHANGE STUDENTS FROM ODAWARA, JAPAN, BY FRAN LARSON, CHAIRPERSON OF THE INTERNATIONAL FRIENDSHIP COMMISSION: CHIHARU SATO, TOMOE KANEKO, AYA KOSAO, MASAE HARADA Fran Larson, Chairperson for the International Friendship Commission, announced that she had reached the end of her two-term limit and thanked Council for the opportunity to serve on the Commission. She then introduced the visiting exchange students from Odawara, Japan, who gave brief speeches about their experiences in Chula Vista. Deputy Mayor Davis presented each student with a certificate. Mayor Horton thanked Ms. Larson for her many years of dedicated service on the Commission, and she also thanked the host families for participating in the exchange program. CONSENT CALENDAR (Items 1 through 7) Councilmember Salas asked that Item #3 be removed from the Consent Calendar for separate consideration. 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 August 7, 2001, there were no actions taken which are required under the Brown Act to be reported. Staffrecornmendation: The letter be received and filed. CONSENT CALENDAR (Continued) 2. ORDINANCE NO. 2841, 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 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 Ordinance will establish fees to be paid in conjunction with building permits for all residential units in San Miguel Ranch. (Director of Planning and Building) Staff recommendation: Council place the ordinance on second reading for adoption. 4. RESOLUTION NO. 2001-265, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT WITH MCMILLIN OTAY RANCH, LLC AND THE OTAY PROJECT, LP TO AMEND LEGAL DESCRIPTIONS WITHIN VILLAGES TWO AND SIX OF THE OTAY RANCH AREA, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT McMillin Otay Ranch, LLC and Otay Project, LP are currently conducting a land swap within Villages two and six of the Otay Ranch area. Staff is currently processing a lot- line adjustment parcel map reflecting the new ownership boundaries on Villages Two and Six. The proposed land swap will provide for better planning and development of these two villages. Adoption of the resolution approves an agreement to amend the legal descriptions of certain recorded agreements that nm with the land owned by each developer. The proposed agreement makes those existing agreements consistent with the new ownership boundaries. (Director of Public Works) Staff recommendation: Council adopt the resolution. 5. RESOLUTION NO. 2001-266, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A FREEWAY MAINTENANCE AGREEMENT WITH THE STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION REGARDING STATE-ROUTE 54 (SR-54) The State of California, Department of Transportation has requested that the City of Chula Vista enter into an agreement in order to clearly define the limits of freeway maintenance responsibility by the City of Chula Vista in connection with State Route-54. (Director of Public Works) Staff recommendation: Council adopt the resolution. Page 2 - Council Minutes 08/14/01 CONSENT CALENDAR (Continued) 6. RESOLUTION NO. 2001-267, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $7,788.62 FROM THE BULLETPROOF VEST GRANT, AMENDING THE FISCAL YEAR 2001/2002 POLICE BUDGET, AND APPROPRIATING UNANTICIPATED GRANT REVENUE IN THE AMOUNT OF $7,788.62 FOR BODY ARMOR On April 27, 2001, the Police Department submitted an application for funding of vests under the Bulletproof Vest Program. In May 2001, the Department received notification that the Bureau of Justice Assistance had approved the application. The grant award is for the amount of $7,788.62 to pay for 50% of the cost of bulletproof vests. This grant will partially fund 44 vests; matching funds will come from the Police Department budget. (Chief of Police) Staff recommendation: Council adopt the resolution. 7. RESOLUTION NO. 2001-268, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2001/2002 BUDGET BY TRANSFERRING $33,000 FROM THE SUPPLIES AND SERVICES CATEGORY TO THE CAPITAL CATEGORY FOR THE PURPOSE OF LEASING TWO ELECTRIC VEHICLES AND PURCHASING ONE NATURAL GAS TRUCK FOR THE CONSERVATION PROGRAM The Special Operations Program includes programs such as residential and business solid waste management, household hazardous wastes, used oil recycling, watershed education, energy conservation and climate protection/alternative vehicles. The funds for these programs are generated primarily from an integrated solid waste management surcharge placed on bimonthly refuse bills and a number of grants solicited on behalf of the City. Grant funds for these programs this fiscal year are estimated to be approximately $800,000. The requested vehicles will be used primarily to carry out the energy conservation, residential retrofit, oil recycling and solid waste management programs. (Special Operations Manager) Staff recommendation: Council adopt the resolution. ACTION: Mayor Horton moved to approve staff recommendations and offered Consent Calendar Items #1, #2, and #4 through #7, headings read, texts waived. The motion carried 5-0. 3. RESOLUTION NO. 2001-264, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FIRST AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND HIGHLAND PARTNERSHIP, INC. FOR CONSTRUCTION MANAGEMENT SERVICES ON THE NEW PUBLIC WORKS FACILITY AND CORPORATION YARD, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT Page 3 - Council Minutes 08/14/01 CONSENT CALENDAR (Continued) On August 1, 2000, Council approved an agreement with Highland Partnership, Inc. (HPI) for Construction Management/Constructor (CMC) services on the new Public Works Facility and Corporation Yard. During the course of construction, a number of issues have arisen which have caused approximately seventy-four days of delay, resulting in the need to extend the anticipated completion date of the project and amend HPI's CMC contract. HPI and City staffs have worked to reduce the impact of these days to require only an additional forty-five days to complete the project. The proposed resolution approves the first amendment to the agreement, thereby extending the life of the agreement by forty-five days to complete the Corporation Yard project at an additional cost of $162,433. Under this amendment, the City will also compensate HPI for the coordination of work involved with the installation of the owner-furnished equipment at a cost of $22,498. (Director of Public Works) Staff recommendation: Council adopt the resolution. Councilmember Salas reported that Council had recently toured the new Corporation Yard, and she described it as a complex undertaking that would result in a premier public facility. She asked that an independent audit of construction costs be furnished to assist with the future planning of major projects. ACTION: Councilmember Salas moved to approve staff's recommendation and offered Resolution No. 2001-264, heading read, text waived. The motion carried 5-0. ORAL COMMUNICATIONS Helen Sterling, 9 Via Veneto, representing American Legion Post 434, presented Council with invitations to the Boys and Girls State reception to be held on September 22, 2001, at 5:00 p.m., at the American Legion Post. PUBLIC HEARINGS 8. CONSIDERATION OF DENIAL OF A REQUEST TO ESTABLISH A USED CAR LOT LOCATED AT 201 BROADWAY The project applicant was proposing to establish a used car dealership on the site of a previously existing gas station located at the southeast comer of the intersection of Broadway and E Streets (201 E Street). The Planning Commission raised serious concerns regarding this request at its meeting of June 27, 2001, and voted 7-0 to deny the request. The applicant filed an appeal to that decision. Since that time, the applicant has withdrawn the appeal. (Director of Planning and Building) Staff recommendation: Council cancel the public hearing. ACTION: Councilmember Padilla moved to cancel the public heating, consistent with staff's recommendation and the applicant's withdrawal of the appeal. Councilmember Rindone seconded the motion, and it carried 4-0 with Mayor Horton absent from the dais. Page 4 - Council Minutes 08/14/01 PUBLIC HEARiNGS (Continued) Mayor Horton returned to the dais at 6:30 p.m. 9. CONSIDERATION OF APPROVAL OF A TENTATIVE SUBDIVISION MAP FOR EASTLAKE III, CHULA VISTA TRACT 01-09, INVOLVING 1,440 SINGLE- FAMILY LOTS, FOUR SUPER LOTS WITH A CAPACITY OF 612 UNITS, SEVEN OPEN SPACE LOTS, THREE PUBLIC/QUASI PUBLIC, AND TWO COMMERCIAL LOTS ON 748.3 ACRES, LOCATED EAST OF THE EASTLAKE BUSINESS CENTER II AND THE EASTLAKE TRAILS NEIGHBORHOOD, BETWEEN PROCTOR VALLEY ROAD AND THE OLYMPIC TRAiNING CENTER (PCS 01-09) The applicant, The EastLake Company, submitted an application for a Tentative Subdivision Map known as EastLake III, Chula Vista Tract 01-09, in order to subdivide and develop 748.3 acres. The tentative subdivision map consists of 1,440 single-family lots and four super lots, with a capacity for 612 dwelling units (2052 total dwelling units). The tentative map also includes seven open space lots, a 12.8-acre commtmity park site, two school sites, two community purpose facilities sites, two commercial sites and several specialty lots (i.e. slopes and landscape buffer areas). (Director of Planning and Building) 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. Associate Planner Steichen presented the proposed project. Mayor Horton requested an explanation of the Planning Commission's concerns about potential visual impacts to the community park within the Vistas neighborhood. Senior Planner Hemandez stated that the Commission's principal concern was a proposed lighted ball field that might deter from the beauty of the park and interfere with views of the residents. The plan before Council at this time is conceptual only, and the Commission will have an opportunity to comment on the final design plan before it is presented to Council. Councilmember Salas asked about the 150-foot waiver for the gates and the waiver's impact in terms of safety and access. Senior Civil Engineer A1-Agha responded that the design standard calls for a 150-foot setback, which was created for larger residential neighborhoods to allow for vehicle parking space. Since the proposed development would contain a smaller number of homes, staffbelieved that 60 feet would be sufficient. Councilmember Rindone asked staff to clarify the request for beveled curbs and four-foot setbacks to sidewalks. Ms. Hemandez explained that the purpose of the modified streets is to create a country-type feel and emphasize the uniqueness of the neighborhood. Councilmember Rindone requested staff to forward him a schematic of the proposed curb design. He also questioned the denial of a waiver having to do with sewer installation. Mr. A1-Agha replied that the request pertained to the depth of the sewer; the City's standard is to deny the construction of sewers that are deeper than 12 feet, but staff would be reviewing the waiver request during future discussions. Page 5 - Council Minutes 08/14/01 PUBLIC HEARINGS (Continued) Mayor Horton opened the public heating. Guy Asaro, Vice President of the EastLake Company, stated that the project represented an extraordinary effort of creative thinking put forth by City staff. With no further members of the public wishing to speak, Mayor Horton closed the hearing. Councilmember Salas stated that the project was the most beautiful piece of property in Chula Vista and one that will win awards. She also applauded the EastLake Development Company for its work on the project. ACTION: Councilmember Salas then offered Resolution No. 2001-269, heading read, text waived: RESOLUTION NO. 2001-269, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE SECOND ADDENDUM TO THE FINAL SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT (FSEIR 01-01), FOR THE EASTLAKE III WOODS AND VISTAS REPLANNING PROGRAM AND APPROVING AND ESTABLISHING CONDITIONS OF THE TENTATIVE SUBDIVISION MAP FOR EASTLAKE III, CHULA VISTA TRACT 01-09 The motion carried 5-0. 10. 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) - CONTINUED FROM AUGUST 7, 2001 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 will 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) Mayor Horton noted that the public hearing had been continued from August 7, 2001, and she asked if anyone from the audience wished to speak. Christa Hoffman, 3580 Evergreen Road, Bonita, submitted petitions with 46 signatures from neighbors who opposed the communications facility. She reported that she had submitted an additional 41 signatures from neighbors in opposition at the meeting of August 7, 2001, and 100 signatures from people using the park. She believed that the proposed facility would increase traffic and create environmental health impacts. She also stated that it was irresponsible to create a lighted ballpark in light of the energy crisis, and she asked the Council to respect the wishes of the residents and not approve the communications tower. Page 6 - Council Minutes 08/14/01 PUBLIC HEARINGS (Continued) Mike Kujawa, 3580 Evergreen Road, Bonita, reiterated his opposition to the antenna because it would not add service to the immediate area, which is already covered by Sprint and other wireless services; the antenna would serve as a convenience and money-savings solely for Sprint; the safety of radio frequency transmissions cannot be assured by anyone; and a concession to Sprint may open the door for other services to locate in public parks. He added that the current ballpark is under-utilized, and he suggested increasing the number of night games on existing fields or having weekend day games. Mr. Kujawa urged the Council to reject the request and to place a moratorium on future requests to erect cell antennas in Chula Vista pending further investigation. Robert Krebs, 9225 Dowdy Drive, San Diego, representing Sprint PCS, addressed the residents' concerns and stated that the facility would enhance Rohr Park. He requested Council's approval of the Conditional Use Permit. With no further members of the public wishing to speak, Mayor Horton closed the hearing. Councilmembers generally conunented that there was a need for lighted ball fields in the community, there was a need to balance services with the needs of constituents, and that the advantages of the proposal outweighed other considerations. Mayor Horton stated that the impacts on the neighborhood as a result of the project would be minimal. ACTION: Deputy Mayor Davis then offered Resolution No. 2001-270, heading read, text waived: RESOLUTION NO. 2001-270, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA GRANTING A CONDITIONAL USE PERMIT (PCC-00-58) TO COX/SPRINT PCS TO CONSTRUCT AN UNMANNED CELLULAR COMMUNICATIONS FACILITY AT 4548 SWEETWATER ROAD (ROHR PARK) The motion carded 5-0. OTHER BUSINESS 11. CITY MANAGER'S REPORTS There were none. 12. MAYOR'S REPORTS There were none. 13. COUNCIL COMMENTS Deputy Mayor Davis apprised Council of petitions that were being cimulated in the community for a dog park. She asked staff whether or not a location for such a facility was being considered. City Manager Rowlands responded that staff has been looking at a possible location in Eastlake Greens. Page 7 - Council Minutes 08/14/01 CLOSED SESSION 14. 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) No reportable action was taken. 15. 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 No reportable action was taken. ADJOURNMENT At 8:15 p.m., Mayor Horton adjourned the meeting to the Regular Meeting of August 21, 2001. Respectfully submitted, Susan Bigelow, CMC/AAE, City Clerk Page 8 - Council Minutes 08/14/01