HomeMy WebLinkAboutcc min 2001/10/02 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF CHULA VISTA
October 2, 2001 4:00 P.M.
A Regular Meeting of the City Council of the City of Chula Vista was called to order at 4:09
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
(Councilmember Rindone arrived at 4:54 p.m.)
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
· INTRODUCTION BY DIRECTOR OF PLANNING AND BUILDING, BOB LEITER
OF THE EMPLOYEE OF THE MONTH - KAREN SEITER, SENIOR SECRETARY
This item was postponed to the meeting of October 9, 2001 at the request of staff.
· PRESENTATION BY POLICE CHIEF EMERSON OF A PROCLAMATION TO LEN
MOORE, JACK MITCHELL, AND THE CHULA VISTA CHAMBER OF
COMMERCE FOR THE DEVELOPMENT OF THE CHULA VISTA POLICE
DEPARTMENT SENIOR VOLUNTEER PATROL
Police Chief Emerson introduced Len Moore, Jack Mitchell, and Lisa Cohen. Mayor Horton
read the proclamation, and Deputy Mayor Davis presented each recipient with a proclamation.
· PRESENTATION BY DAN WILLIAMS (HUMPHREY MORTUARY) AND DR.
EMERALD RANDOLPH, CAST DIRECTOR, OF TWIN TOWERS MEMORIAL
QUILTS
Dan Williams and Emerald Randolph presented two quilts bearing notes of encouragement and
signatures from the Chula Vista community. Ms. Randolph asked that the Mayor send a letter
and the quilts to the New York City Mayor and request that the quilts be donated to firefighters
in recognition of those lost in the September 11, 2001 tragedy.
CONSENT CALENDAR
(Items 1 through 8.1)
A member of the audience asked that Consent Item #3 be pulled for separate consideration.
CONSENT CALENDAR (Continued) -
1. APPROVAL OF MINUTES of August 21 and August 28, 2001.
Staff recommendation: Council approve the minutes.
2. WRITTEN COMMUNICATIONS
A. Letter from Zig Kanstul, Chula Vista High School Band Director, requesting
contribution of police services, including security, traffic and crowd control,
along the route of their annual Band Review on November 10, 2001.
Staff recommendation: The letter be referred to staff with the direction to return
to Council with a report.
B. Letter of resignation from Judy Schulenberg, member of the Bayfront
Conservancy Trust.
Staff recommendation: The resignation be accepted with regret, and the City
Clerk be directed to post immediately in accordance with Maddy Act
requirements.
C. Letter from Mary Anne Grimes, resident of Brentwood Mobilehome Park, -
requesting assistance with resolving some maintenance issues in the park.
Staff recommendation: The letter be referred to the Planning and Building
Department with the direction to furnish a report to Council.
4. RESOLUTION NO. 2001-334, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE EASTLAKE III DETENTION BASINS,
FILTRATION POND, DESILTATION, AND NPDES COMPLIANCE AGREEMENT
BETWEEN THE CITY AND EASTLAKE DEVELOPMENT COMPANY, LLC, AND
AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
On August 14, 2001, Council approved Tentative Map No. 01-09 for Eastlake III Woods
and Vistas. The tentative map conditions require the developer to enter into an
agreement to provide for the construction, maintenance, and siltation removal of certain
existing and proposed drainage improvements in Salt Creek prior to issuance of the first
grading permit. The developer is also required to enter into an agreement to ensure
compliance with the new NPDES permit recently adopted by the Regional Water Quality
Control Board. (Director of Public Works)
Staff recommendation: Council adopt the resolution.
Page 2 - Council Minutes 10/02/01
CONSENT CALENDAR (Continued)
5. RESOLUTION NO. 2001-335, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING AND APPROPRIATING $6,775 FROM
UNANTICIPATED DONATIONS COLLECTED BY THE CHULA VISTA
CHAMBER OF COMMERCE FOR SUPPORT OF THE SENIOR VOLUNTEER
PATROL PROGRAM
The Chula Vista Senior Volunteer Patrol Program (SVPP) was founded in 1994 with the
support and guidance of the Chamber of Commerce and former Councilmember Len
Moore. While the SVPP program is a recognized volunteer branch of the Police
Department, the Chamber of Commerce has served as the program's organizational host.
Since the program's inception, the Chamber has managed the donations for the SVPP, as
well as financially supported the program. (Chief of Police)
Staff recommendation: Council adopt the resolution.
6. RESOLUTION NO. 2001-336, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA WAIVING THE FORMAL BIDDING PROCESS AS
IMPRACTICAL, APPROVING A CONTRACT WITH CROSS CURRENT
CORPORATION FOR THE DESIGN AND DEVELOPMENT OF AN AUTOMATED
INTERFACE BETWEEN THE COMPUTER AIDED DISPATCH SYSTEM (CAD)
AND THE GEOGRAPHIC INFORMATION SYSTEM (GIS), AMENDING THE
FISCAL YEAR 2002 BUDGET BY APPROPRIATING $116,937 FROM THE
UNAPPROPRIATED FUND BALANCE OF THE GENERAL FUND, AND
AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT
In August 1998, City staff converted the Police and Fire dispatch system to a new CAD
system in order to facilitate dispatching emergency personnel and equipment to proper
locations. The CAD system relies upon street information located within it to determine
necessary information concerning the location where assistance is needed. During the
past three years, this information was updated manually each time new streets were
added, a time-consuming and cumbersome process that causes delays and inconsistencies
within the current system and sometimes delays in dispatching emergency vehicles.
Since the City's GIS system is updated in a more efficient manner, interfacing the GIS
system would improve the accuracy of the street information in CAD, thereby
eliminating delays caused by inconsistent street data. (Director of Management and
Information Services)
Staff recommendation: Council adopt the resolution.
7. RESOLUTION NO. 2001-337, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ADOPTING PHASE II OF THE CLASSIFICATION AND
COMPENSATION SCHEDULE
Adoption of the resolution approves several classification and compensation adjustments
for positions in the support category resulting from a formal classification study.
(Director of Human Resources)
Staff recommendation: Council adopt the resolution.
Page 3 - Council Minutes 10/02/01
CONSENT CALENDAR (Continued)
8. RESOLUTION NO. 2001-338, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING A PURCHASE AGREEMENT WITH
CAMEO JANITORIAL PAPER AND SUPPLY TO PROVIDE JANITORIAL
SUPPLIES ON AN "AS-NEEDED" BASIS THROUGH AUGUST 31, 2002, AND
AUTHORIZING THE PURCHASING AGENT TO RENEW THE AGREEMENT FOR
FIVE ADDITIONAL, ONE-YEAR OPTION PERIODS
Chula Vista acted as the lead agency for this multi-governmental janitorial supplies bid.
The cities of National City and Santee also participated and provided their own respective
specifications. The intent of the bid process was to standardize janitorial supply
requirements, take advantage of volume purchase discounts, and commit to a qualified
supplier over an extended period of time for favorable terms and pricing. (Assistant City
Manager Powell)
Staff recommendation: Council adopt the resolution.
8.1 RESOLUTION NO. 2001-339, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA EXTENDING THE AGREEMENT WITH AMERICAN
MEDICAL RESPONSE FOR BASIC AND ADVANCED LIFE SUPPORT
AMBULANCE SERVICE FOR 60 DAYS WITH THE OPTION TO EXTEND THE
AGREEMENT LIP TO 180 DAYS
The City entered into an agreement with American Medical Response for Basic and
Advanced Life Support Ambulance Service. The agreement commenced on November 1,
1998 and expires on October 31, 2001. Staff recommends exercising the first of three
possible 60-day extensions of the agreement while they explore the possibility of
exercising the option to renew the agreement for three years. (Acting Fire Chief)
Staff recommendation: Council adopt the resolution.
ACTION: Mayor Horton moved to approve staff recommendations and offered Consent
Calendar Items #1, #2, and ~4 through #8.1, headings read, texts waived. The
motion carried 4-0, with Councilmember Rindone net yet present.
3 A. RESOLUTION NO. 2001-332, 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 NO. 2001-333, 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
Page 4 - Council Minutes 10/02/01
CONSENT CALENDAR (Continued)
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 Miguel Development Co., discussing revisions to the
original map to be made in order for a re-subdivision to occur. Adoption of the
resolutions will approve 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)
George Cave, 345 Hilltop Drive, stated that he shares a 500-foot common property line with
Villa San Miguel, and the grading work along the east side of his property line has resulted in a
slope that extends right to the property line, over a 150-foot section. He stated that when he
brought this to the attention of the developer and the City Engineer, a ditch was dug to provide
slope drainage. Mr. Cave believed that the ditch would only control about a third of the slope as
far as drainage was concerned, and, in addition, the excavation of the ditch has resulted in
additional soil being dumped down the slope towards his property line, creating a greater than
two-to-one slope and piling more dirt against the already traumatized fence line. He stated that
since the plan called for a three-foot level clearance at the property line base, he could foresee
only two solutions to the problem either to re-create the slope and re-grade it back three feet
from the property line to an acceptable two-to-one grade; or to construct a four-foot retaining
wall at the base of the current slope over at least a 125-foot section of the affected area. Mr.
Cave added that he had received no written commtmication from the developer in response to
three letters he had sent regarding these issues. He added that he had met with the City Engineer
and the developer, Mr. Schull, on the site and was assured that temporary erosion control would
be in place this month.
Mayor Horton asked Mr. Cave whether or not his suggested remedies would be satisfactory. Mr.
Cave replied that he was assured by the City Engineer that, before the plan can go forward, the
new slope and three-foot clearance would have to be in place, which would be satisfactory.
Deputy Public Works Director Swanson stated that the work would be performed properly.
Greg Schull, representing CalSun, the developer, stated that he concurred with Mr. Cave's
concems and that the work would be completed correctly.
ACTION: Mayor Horton offered Resolution Nos. 2001-332 and 2001-333, headings read,
texts waived. The motion camed 4-0, with Councilmember Rindone not yet
present.
ORAL COMMUNICATIONS
Norma Runyan, 1100 Industrial, #D-31, president of the Brentwood Mobilehome Park's
residents club, reported on several safety and health issues that exist at the park and asked
Council to visit the park to tour the areas of concern. Mayor Horton asked Ms. Runyan to
contact Mayor & Council Assistant Buelna.
Page 5 - Council Minutes 10/02/01
ACTION ITEMS
9. CONSIDERATION OF ADOPTION OF RESOLUTIONS AUTHORIZING AND
PROVIDING FOR THE ISSUANCE OF A SECOND SERIES OF SPECIAL TAX
BONDS FOR COMMUNITY FACILITIES DISTRICT 99-1 (CFD 99-1),
AUTHORIZING CERTAIN ACTIONS IN CONNECTION WITH THE ISSUANCE OF
SUCH BONDS, AND APPROVING THE FORM OF THE SECOND AMENDMENT
TO THE ACQUISITION/FINANCING AGREEMENT FOR CFD 99-1
Adoption of the resolutions authorizes the issuance of a second series of special tax bonds
for the district, estimated not to exceed $19 million, approves the related legal
documents, authorizes staff to take necessary actions to complete the bond issuance
transaction, and approves the second amendment to the acquisition/finance agreement
with Otay Project, L.P. The amendment establishes the procedure for acquiring certain
improvements, modifies language to include the interim transportation facilities as a
potential priority within the agreement, and allows the developer to request the
incremental acquisition of complete discreet components of the project, rather than
requiring that the project be fully completed and accepted by the City prior to acquisition.
(Assistant City Manager Powell/Director of Public Works)
Mayor Horton expressed concern regarding the present economic turmoil resulting from the
September 11, 2001 attacks and questioned whether staff's current opinion on the report was the
same as when the report was written. Assistant City Manager Powell responded that staff is
currently discussing the issues with the financing team in an attempt to fashion additional
disclosures in the documents, and he believed that the impacts of September 11 th reflected only a
temporary decline and that sales have since increased.
Tom Johnson, the City's financial advisor, reported that, in looking at all the factors involved,
the financial team believes that there is a lot of diversification and increased sales in the area. He
added that they had requested the market absorption consultant to provide up-to-date data on
current sales, and that revisions made to the preliminary official statement were specifically
designed to mitigate any potential impacts of the events of September 11, 2001.
Councilmember Salas commented that the South Bay has been greatly affected by the attacks,
particularly because of its close proximity to the Mexican border and a lower number of people
who can cross the border on a daily basis to work and shop. Mr. Johnson replied that the
location of Chula Vista was addressed within the preliminary official statement.
Mayor Horton reported that in recent meetings with developers, indications were that sales in
Chula Vista have not declined significantly.
Councilmember Davis commented that the City is in a housing crisis, and there is a continued
need for housing.
ACTION: Deputy Mayor Davis offered Resolution Nos. 2001-340 and 2001-341, headings
read, texts waived:
Page 6 - Council Minutes 10/02/01
ACTION ITEMS (Continued)
A. RESOLUTION NO. 2001-340, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA, ACTING IN ITS CAPACITY AS THE
LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 99-1
(OTAY RANCH SPA ONE-PORTIONS OF VILLAGE ONE, VILLAGE FIVE
AND VILLAGE ONE WEST), AUTHORIZING AND PROVIDING FOR THE
ISSUANCE OF A SECOND SERIES OF SPECIAL TAX BONDS OF THE
DISTRICT; APPROVING THE FORM OF THE FIRST SUPPLEMENTAL
RESTATED BOND INDENTURE, BOND PURCHASE AGREEMENT,
PRELIMINARY OFFICIAL STATEMENT; CONTINUING DISCLOSURE
AGREEMENT AND OTHER DOCUMENTS, AND AUTHORIZING
CERTAIN ACTIONS IN CONNECTION WITH THE ISSUANCE OF SUCH
BONDS
B. RESOLUTION NO. 2001-341, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA APPROVING THE FORM OF THE SECOND
AMENDMENT TO THE ACQUISITION/FINANCING AGREEMENT FOR
COMMUNITY FACILITIES DISTRICT NO. 99-1 (OTAY RANCH SPA ONE -
PORTIONS OF VILLAGE ONE, VILLAGE FIVE AND VILLAGE ONE
WEST)
The motion carried 4-0, with Councilmember Rindone not yet present.
10. CONSIDERATION OF APPROVAL OF AN AGREEMENT WITH TIMOTHY
STANTON FOR WATER-RELATED SERVICES
In December 1995, the City entered into an agreement with Otay Water District for the
provision of water service to a portion of Chula Vista. The agreement was the result of a
study the City conducted to determine if it would be feasible for Chula Vista to provide
water to the new Otay Ranch. There were many provisions in the agreement that Otay
was to follow; however, since January 2001, the Board of Directors is new, and many
high-level staffmembers have left the district. Chula Vista wants to be assured that Otay
is following all the provisions of the agreement. (Director of Public Works)
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
WAIVING THE CONSULTANT SELECTION POLICY AND APPROVING
AN AGREEMENT WITH TIMOTHY STANTON FOR WATER-RELATED
SERVICES AND APPROPRIATING $50,000 FROM THE AVAILABLE
FUND BALANCE OF THE GENERAL FUND, (4/5THS VOTE REQUIRED)
Mayor Horton stated that Item No. 10 was being tabled at the request of staff.
OTHER BUSINESS
11. CITY MANAGER'S REPORTS
City Manager Rowlands announced that the workshop regarding the non-point discharge system
scheduled for October 18, 2001 was cancelled.
Page 7 - Council Minutes 10/02/01
OTHER BUSINESS (Continued) -
12. MAYOR'S REPORTS
Mayor Horton announced that the San Diego City Council, at its recent meeting in San Ysidro,
voted 8-0 to abandon the Brown Field expansion project. She stated that this was a major victory
for South County, and she thanked the Council, City staff members, and the Mayors of Imperial
Beach and Coronado for their support and efforts in opposing the project.
13. COUNCIL COMMENTS
Deputy Mayor Davis announced that LAFCO had voted to conduct a review of the Otay Water
District and added that she will serve on the review committee.
Councilmember Rindone arrived at this point, 4:54 p.m.
CLOSED SESSION
14. CONFERENCE WITH LEGAL COUNSEL REGARDING INITIATION OF
LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(C)
· One Case
ACTION: Direction was given to Counsel.
15. 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)
No reportable action was taken.
· Itam Plastering, Inc. v. City of Chula Vista (case no. IS 5571)
ACTION: Direction was given to Counsel.
ADJOURNMENT
At 6:00 p.m., Mayor Horton adjourned the meeting to the Regular Meeting of October 9, 2001,
at 6:00 p.m.
Respectfully submitted,
Susan Bigelow, CMC/AAE, City Clerk
Page 8 - Council Minutes 10/02/01