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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