HomeMy WebLinkAboutcc min 2001/09/25 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF CHULA VISTA
September 25, 2001 6:00 P.M.
A Regular Meeting of the City Council of the City of Chula Vista was called to order at 6:08
p.m. in the Council Chambers, located in the Public Services Building, 276 Fourth Avenue,
Chula Vista, California.
ROLL CALL:
PRESENT: Councilmembers: Davis, Rindone, Padilla, Salas, and Mayor Horton
ABSENT: Councilmembers: None
ALSO PRESENT: City Manager Rowlands, Senior Assistant City Attorney Moore,
and City Clerk Bigelow
PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE
SPECIAL ORDERS OF THE DAY
· PRESENTATION OF A SPECIAL INVITATION FOR COUNCILMEMBERS TO
ATTEND THE 16TM ANNUAL CHULA VISTA HARBOR DAYS ON SEPTEMBER
28 AND 29, 2001, BY LISA COHEN, EXECUTIVE D1RECTOR OF THE CHULA
VISTA CHAMBER OF COMMERCE AND ROBYN WILNER, EXECUTIVE
DIRECTOR OF THE CHULA VISTA CONVENTION AND VISITORS BUREAU
Ms. Cohen and Ms. Wilner briefly explained the various activities and events planned for Harbor
Days and invited the Council and the public to attend the festivities on September 28 and 29,
2001.
CONSENT CALENDAR
(Items 1 through 8)
1. WRITTEN COMMUNICATIONS
A. Letter from the Assistant City Attorney stating that, to the best of his knowledge
from observance of actions taken in Closed Session on September 18, 2001, in
which the City Attorney participated, there were no actions taken which are
required under the Brown Act to be reported.
Staffrecommendation: The letter be received and filed.
B. Letter and petition from residents in the vicinity of Naples Street, requesting the
City to provide curbs and paved sidewalks on Naples Street, between Broadway
and Third Avenue.
Staff recommendation: The letter be referred to the Engineering Division of
Public Works to initiate the proceedings toward setting up an assessment district
to provide the missing improvements.
CONSENT CALENDAR (Continued)
C. Letter of resignation from Linda Navarro, member of the Town Centre Project
Area Committee.
Staff recommendation: The resignation be accepted with regret, and the City
Clerk be directed to post immediately in accordance with Maddy Act
requirements.
2. ORDINANCE NO. 2844, ORDiNANCE OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROViNG A FIRST AMENDMENT TO THE AMENDED AND
RESTATED SOLD WASTE DISPOSAL AND RECYCLiNG SERVICES
FRANCHISE AGREEMENT WITH PACIFIC WASTE SERVICES, PROVDING FOR
A "VARIABLE RATE" UNIT PRICING STRUCTURE FOR RESDENTIAL SOLID
WASTE DISPOSAL AND RECYCLING SERVICES; MODIFYING THE
COMMERCIAL/INDUSTRIAL RATE STRUCTURE TO CREATE ADDITIONAL
WASTE REDUCTION AND RECYCLING iNCENTIVES FOR LARGE
COMMERCIAL AND INDUSTRIAL GENERATORS; AND MAKiNG OTHER
RELATED OR MiNOR ADDITIONAL FRANCHISE MODIFICATIONS
The 1999 agreement with Pacific Waste Services (Pacific) requires the company to work
with the City to provide a new unit pricing or "pay as you throw" proposal for residential
and solid waste services. The proposed rate structure modifies the current flat-rate
system to a "unit-based" system that rewards households that are currently recycling, and
provides other households with a greater incentive to reduce, reuse and recycle. Each
household will also be provided with an automated can for trash and recycling collection.
Yard waste is not being recommended for automation at this time. The proposal also
provides large commercial and industrial generators with an additional financial incentive
to reduce, m-use and recycle. (Special Operations Manager)
Staff recommendation: Council place the ordinance on second reading for adoption.
3 A. RESOLUTION NO. 2001-319, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROViNG FiNAL "A" MAP NO. 1 FOR OTAY RANCH
SPA ONE WEST, VILLAGE ONE WEST (SOUTH), CHULA VISTA TRACT NO. 98-
06A, ACCEPTiNG ON BEHALF OF THE CITY, A PORTION OF PASEO
RANCHERO LOT "L", ALL THE EASEMENTS GRANTED ON SAD MAP WITHiN
SAD SUBDIVISION, ACKNOWLEDGiNG ON BEHALF OF THE PUBLIC THE
IRREVOCABLE OFFERS OF DEDICATION OF FEE iNTEREST FOR OPEN SPACE
LOTS "C", "D", "E", "F", "G", AND "H", AND LOT 'T' FOR PUBLIC PARK
PURPOSES, APPROViNG THE SUBDIVISION IMPROVEMENT AGREEMENT
FOR THE COMPLETION OF IMPROVEMENTS REQUIRED BY SAID
SUBDIVISION, AND AUTHORIZiNG THE MAYOR TO EXECUTE SAD
AGREEMENT
B. RESOLUTION NO. 2001-320, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROViNG "A" MAP SUPPLEMENTAL SUBDIVISION
IMPROVEMENT AGREEMENT FOR CHULA VISTA TRACT NO. 98-06A,
VILLAGE ONE WEST (SOUTH), OTAY RANCH SPA ONE WEST, AND
AUTHORIZiNG THE MAYOR TO EXECUTE SAD AGREEMENT
Page 2 - Council Minutes 09/25/01
CONSENT CALENDAR (Continued)
On April 24, 2001, by Resolution No. 2001-119, Council approved a tentative
subdivision map for Chula Vista Tract 98-06A, Otay Ranch SPA One West, Village One
West (South). Condition No. 15 of the resolution requires the developer to submit and
obtain the City's approval of a master final map ("A" map) of the tentative map showing
"super block" lots. The "A" map is also required to show the public street dedications
and backbone utility easements required to serve the super block lots. All super block
lots created are also required to have access to a dedicated public street. (Director of
Public Works)
Staff recommendation: Council adopt the resolutions.
4. RESOLUTION NO. 2001-321, 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, AND
AUTHORIZING STAFF TO PROCESS LIP TO AN ADDITIONAL $250,000 IN
CHANGE ORDERS
Last September, Council amended Policy No. 574-01, authorizing the City Manager to
approve 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 ratifies
staff's recent actions in approving change orders valued at $742,781, and will 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.
5. RESOLUTION NO. 2001-322, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING AND APPROPRIATING $116,000 IN
GRANT REVENUE FROM THE STATE OF CALIFORNIA ADVANCED
TECHNOLOGY PROGRAM FOR PURCHASE OF A GLOBAL POSITIONING
SYSTEM
As part of this year's state Community-Oriented Policing Services (COPS) funding, the
Governor approved a budget trailer bill that designated specific funds for technology
grants to local law enforcement. The City of Chula Vista has been allocated $116,000 in
grant revenue, which will be used for technology advancement within the department.
(Chief of Police)
Staff recommendation: Council adopt the resolution.
6. RESOLUTION NO. 2001-323, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AUTHORIZiNG THE CITY MANAGER TO EXECUTE A
FUND TRANSFER AGREEMENT BETWEEN THE SAN DIEGO METROPOLITAN
TRANSIT DEVELOPMENT BOARD AND THE CITY OF CHULA VISTA FOR A
SOUTH BAY TRANSIT STUDY
Page 3 - Council Minutes 09/25/01
CONSENT CALENDAR (Continued)
On May 29, 2001 Council adopted Resolution No. 2001-160, appropriating $157,500
from the available fund balance of the general fund for transit planning, in conjunction
with the General Plan update, including $125,000 for a joint South Bay transit study with
the Metropolitan Transit Development Board (MTDB). This partnership will promote
integrated transit and land-use planning through joint efforts and shared resources. A
fund transfer agreement spells out the respective roles of MTDB and the City, and is
required for Chula Vista to provide its share of funds for consultant assistance in
completing the study. The City's contribution will augment $225,000 provided by
MTDB. As part of the agreement, the City will be actively involved in all technical and
policy matters related to the study. (Director of Planning and Building)
Staff recommendation: Council adopt the resolution.
7. RESOLUTION NO. 2001-324, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA WAIVING THE CITY'S FORMAL BIDDING PROCESS
AND APPROVING A THREE-PARTY AGREEMENT BETWEEN THE CITY OF
CHULA VISTA, RECON (CONSULTANT), AND MCMILLIN OTAY RANCH, LLC
(APPLICANT), RELATED TO ENVIRONMENTAL CONSULTING SERVICES TO
BE RENDERED FOR OTAY RANCH VILLAGE SIX, AND AUTHORIZING THE
MAYOR TO EXECUTE SAID AGREEMENT
McMillin Otay Ranch, LLC has filed a Sectional Planning Area (SPA) plan application
for Otay Ranch Village Six. The proposed Village Six SPA plan proposes development
of 2,086 dwelling units on approximately 237 acres. One hundred forty-nine acres would
be developed with non-residential uses, including community purpose facilities,
commercial uses, schools, a public park, and open space uses. The Environmental
Review Coordinator has determined that the proposed project requires the preparation of
a second-tier Environmental Impact Report. Staff recommends that the City Council
approve the proposed contract with RECON for an amount not to exceed $127,550 to
provide consultant services for the preparation of the CEQA-required environmental
documents for the proposed project. (Director of Planning and Building)
Staff recommendation: Council adopt the resolution.
8. RESOLUTION NO. 2001-325, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING A THREE-PARTY AGREEMENT
BETWEEN THE CITY OF CHULA VISTA, LINSCOTT, LAW & GREENSPAN
ENGINEERS (CONSULTANT), AND THE EASTLAKE COMPANY (APPLICANT),
RELATED TO TRANSPORTATION CONSULTING SERVICES TO BE RENDERED
FOR EASTLAKE VILLAGE CENTER NORTH, AND AUTHORIZING THE MAYOR
TO EXECUTE SAID AGREEMENT
The EastLake Company proposes to develop a 79.41-acre site located at the EastLake
Parkway and Otay Lakes Road. In conformance with the California Environmental
Quality Act (CEQA), the proposed project will require that the City Council approve the
proposed contract with Linseott, Law & Greenspan Engineers for $25,535 to prepare the
traffic impact analysis for EastLake Village Center North. (Director of Planning and
Building)
Staff recommendation: Council adopt the resolution.
Page 4 - Council Minutes 09/25/01
CONSENT CALENDAR (Continued)
With regard to Consent Item #2, Councilmember Rindone commented that the media had
misquoted the cost of a second receptacle as $10.00, rather than $5.00. Staff assured the Council
that the correct information would be disseminated to residents during forthcoming community
meetings.
ACTION: Councilmember Rindone moved to approve staff recommendations and offered
the Consent Calendar, headings read, texts waived. The motion carried 5-0.
ORAL COMMUNICATIONS
Virgil Pina, 654 Sea Vale Street, thanked the Council for purchasing the new Chula Vista Transit
natural gas buses. He then spoke regarding his efforts to establish a citizens review board,
stating that the task force did not appear to be proactive in considering the establishment of such
a board, which he had requested a year ago. He believed that a citizens review board was
necessary for the future of Chula Vista, and its purpose was to communicate with the Police
Department, not to criticize it.
PUBLIC HEARINGS
9. CONSIDERATION OF ACCEPTANCE AND APPROPRIATION OF LOCAL LAW
ENFORCEMENT BLOCK GRANT FUNDS
The Police Department has recently received notice of a Local Law Enforcement Block
Grant award in the amount of $252,282 from the Bureau of Justice Assistance. These
funds were allocated to the Police Department based on a three-year average of Part I
violent crimes. Part I violent crimes are murder and non-negligent manslaughters,
forcible rape, robbery, and aggravated assaults as reported by the FBI. Acceptance and
appropriation of these fimds requires a public heating per stipulations of the Local Law
Enforcement Block Grant.
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.
Administrative Services Manager Quilantan explained the disbursement of funding.
Mayor Horton opened the public heating. There being no members of the public wishing to
speak, she then closed the hearing.
ACTION: Councilmember Padilla offered Resolution No. 2001-326, heading read, text
waived:
RESOLUTION NO. 2001-326, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA ACCEPTING $252,282 FROM THE 2001
LOCAL LAW ENFORCEMENT BLOCK GRANT, AMENDING THE FISCAL
YEAR 2001/2002 POLICE BUDGET, APPROPRIATING $242,282 FOR
POLICE TECHNOLOGY AND EQUIPMENT AND $10,000 TO SUPPORT
THE SOUTH BAY DRUG COURT, AND AUTHORIZING THE CHIEF OF
POLICE TO UTILIZE (REPROGRAM) SAVINGS RESULTING FROM THE
COMPETITIVE PROCUREMENT PROCESS FOR ADDITIONAL
UNSPECIFIED OFFICER SAFETY EQUIPMENT AND SUPPLIES
The motion carried 5-0.
Page 5 - Council Minutes 09/25/01
PUBLIC HEARINGS (Continued) -
10. CONSIDERATION OF APPROVAL OF THE RE-SUBDIVISION OF VILLA SAN
MIGUEL
On March 27, 1979, Council conditionally approved the tentative subdivision map for
Chula Vista Tract No. 79-15, Villa San Miguel. On January 13, 1981, Council
conditionally approved the final map for Tract No. 79-15, Villa San Miguel. However,
no development occurred on Tract No. 79-15. On April 4, 2000, the engineering staff
drafted a letter at the request of San Mignel Development Co., discussing revisions to the
original map to be made in order for a re-subdivision to occur. Adoption of the
resolution approves the final map, subdivision improvement agreement, and
supplemental subdivision improvement agreement for Villa San Miguel, which will
include 19 single-family residences. (Director of Public Works)
A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING FINAL MAP OF CHULA VISTA TRACT NO. 79-15, VILLA
SAN MIGUEL AS A RE-SUBDiVISION OF APPROVED FINAL MAP 10173,
APPROVING THE SUBDiVISION IMPROVEMENT AGREEMENT FOR THE
COMPLETION OF IMPROVEMENTS REQUIRED BY SAID SUBDiVISION,
AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING SUPPLEMENTAL SUBDiVISION IMPROVEMENT -
AGREEMENT FOR CHULA VISTA TRACT NO. 79-15, VILLA SAN
MIGUEL, AND AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT
ACTION: Mayor Horton moved to continue Item #10 at the request of staff. Deputy Mayor
Davis seconded the motion, and it carded 5-0.
BOARD AND COMMISSION RECOMMENDATION
11. CONSIDERATION OF THE DESIGNATION OF THE EDMOND RUSS HOUSE AS
A HISTORIC STRUCTURE 200 "K" STREET
The property owner, Glenda Devaney, has requested that the Edmond Russ house,
located at 200 "K" Street, be designated as a historical site. The house is being used as
the primary residence of the current property owner. The Resource Conservation
Commission considered this designation at its July 2, 2001 meeting. (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.
Staff member Tessitori-Lopez presented the proposal.
Glenda Devaney, 200 K Street, owner of the Edmond Russ House, stated that she has owned the
home for 30 years and would be pleased to have it designated as a historical site.
Page 6 - Council Minutes 09/25/01
PUBLIC HEARINGS (Continued)
ACTION: Deputy Mayor Davis offered Resolution No. 2001-327, heading read, text
waived:
RESOLUTION NO. 2001-327, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA DESIGNATING THE EDMOND RUSS
HOUSE AS A HISTORIC SITE AND PLACING THE EDMOND RUSS
HOUSE ON THE CITY OF CHULA VISTA LIST OF HISTORIC SITES, 1N
ACCORDANCE WITH MUNICIPAL CODE SECTION 2.32.070(A)
The motion camed 5-0.
ACTION ITEMS
12. CONSIDERATION OF ADOPTION OF RESOLUTIONS THAT WILL PROVIDE
THE PROPOSED RATE AND METHOD OF APPORTIONMENT, AND ESTABLISH
A BOUNDARY MAP FOR PROPOSED COMMUNITY FACILITIES DISTRICT NO.
2001-1 (SAN MIGUEL RANCH)
NNP-Trimark San Miguel Ranch, LLC has requested that the City initiate proceedings to
form a Community Facilities District No. 2001-1, for the acquisition or construction of
public facilities serving their properties within San Miguel Ranch. Adoption of the
resolutions will provide the proposed rate and method of apportionment for the district,
establish a boundary map, describe the authorized improvements, direct the special tax
consultant to prepare the Special Tax Report, and set the public hearing for this
Community Facilities District for November 6, 2001. (Director of Public Works)
ACTION: Mayor Horton offered the following resolutions, headings read, texts waived:
RESOLUTION NO. 2001-328, RESOLUTION OF THE CITY COUNCiL OF
THE CITY OF CHULA VISTA ADOPTING A BOUNDARY MAP SHOWING
THE BOLrNDARIES OF THE TERRITORY PROPOSED FOR THE
INCLUSION 1N PROPOSED COMMUNITY FACILITIES DISTRICT NO.
2001-1 (SAN MIGUEL RANCH) AND THE BOUNDARIES OF THE
IMPROVEMENT AREAS PROPOSED TO BE DESIGNATED THEREIN
RESOLUTION NO. 2001-329, RESOLUTION OF THE CITY COUNCiL OF
THE CITY OF CHULA VISTA DECLARING ITS INTENTION TO
ESTABLISH COMMUNITY FACILITIES DISTRICT NO. 2001-1 (SAN
MIGUEL RANCH), DESIGNATE TWO IMPROVEMENT AREAS THEREIN,
AND TO AUTHORIZE THE LEVY OF A SPECIAL TAX THEREIN TO
FINANCE THE ACQUISITION OF CERTAIN FACILITIES
RESOLUTION NO. 2001-330, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA ORDERING AND DIRECTING THE
PREPARATION OF A REPORT FOR PROPOSED COMMUNITY
FACILITIES DISTRICT NO. 2001-1 (SAN MIGUEL RANCH)
Page 7 - Council Minutes 09/25/01
ACTION ITEMS (Continued) -
RESOLUTION NO. 2001-331, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA DECLARING ITS INTENTION TO ISSUE
BONDS SECURED BY SPECIAL TAXES TO PAY FOR THE ACQUISITION
OF CERTAIN FACILITIES IN COMMUNITY FACILITIES DISTRICT NO.
2001-1 (SAN MIGUEL RANCH)
The motion carried 5-0.
OTHER BUSINESS
13. CITY MANAGER'S REPORTS
City Manager Rowlands announced a workshop to be held on October 18, 2001, at 4:00 p.m., to
discuss the non-point discharge system.
14. MAYOR'S REPORTS
Mayor Horton commended all those who participated in the recent Bonitafest, and she invited
the community to attend the upcoming Harbor Days.
15. COUNCIL COMMENTS
Councilmember Salas reported that the San Diego City Council would be conducting a meeting
in San Ysidro to discuss the expansion of Brown Field, and she urged Chula Vista residents to
attend the meeting and voice their opposition to the proposed expansion.
Councilmember Rindone concurred with comments made by Coancilmember Salas, stating that
the proposed expansion of Brown Field would be very detrimental and have a significant impact
on Chula Vista. He urged the community to express its concerns to the San Diego City Council.
Councilmember Rindone also introduced Nathan Hodge and commended him for his
contributions to local community clean-up projects through the Boy Scouts.
ADJOURNMENT
At 6:50 p.m., Mayor Horton adjourned the meeting to the Regular Meeting of October 2, 2001,
at 4:00 p.m.
Respectfully submitted,
Susan Bigelow, CMC/AAE, City Clerk
Page 8 - Council Minutes 09/25/01