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Home My WebLink Aboutcc min 2002/01/15 M1NUTES OF A REGULAR MEET1NG OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA January 15, 2002 6:00 P.M. A Regular Meeting of the City Council of the City of Chula Vista was called to order at 6:10 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, City Attorney Kaheny, and City Clerk Bigelow PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY · INTRODUCTION BY CANDY EMERSON, DIRECTOR OF HUMAN RESOURCES, OF THE EMPLOYEE OF THE MONTH, JUSTINE TALAVERA, OFFICE SPECIALIST Human Resources Director Emerson introduced the employee of the month, Justine Talavera, and Mayor Horton presented her with a proclamation. · OATH OF OFFICE: ARMIDA MARTIN DEL CAMPO - CHARTER REVIEW COMMISSION · OATH OF OFFICE: CHERYL COX - CHARTER REVIEW COMMISSION City Clerk Bigelow administered the oaths of office to Armida Martin Del Campo and Cheryl Cox, and Deputy Mayor Padilla presented them with Certificates of Appointment. · PRESENTATION OF A PROCLAMATION TO CHULA VISTA AZTECS POP WARNER JUNIOR PEE WEE FOOTBALL TEAM Chula Vista Aztecs Coach Scott Catlin introduced the team members and coaches. Mayor Horton read the proclamation, and Deputy Mayor Padilla presented it to Head Coach Mark Strickland. · PRESENTATION OF A CERTiFICATE OF ACHIEVEMENT AND PLAQUE TO ROBERT POWELL, ASSISTANT CITY MANAGER/DIRECTOR OF FINANCE Mayor Horton presented Assistant City Manager Powell with a plaque from the Government Finance Officers Association of the United States and Canada, to recognize the City's accomplishments in financial reporting. Mr. Powell thanked his management team, Mafia Kachadoorian, Cora Benitez, and Evelyn Ong, for their assistance in improving the financial statements. SPECIAL ORDERS (Continued) · PRESENTATION OF CERTIFICATES OF RECOGNITION TO FOREIGN EXCHANGE STUDENTS: MARY BARSEGHYAN (ARMENIA), TATIANA DANILOVA (UKRAiNE), NICK ELGANDASHVILL (REPUBLIC OF GEORGIA), OKSANA FEDEROVA (RUSSIA), IRINA POPUSOL (MOLDOVA), ZULFLYA SALDOVA (KYRGYSTAN), RADU SORICI (MOLDOVA). iNTRODUCTION BY RUTH ANN WALKER, AREA REPRESENTATIVE FOR PACIFIC iNTERCULTURAL EXCHANGE Ruth Ann Walker, area representative for Pacific International Culture, introduced the students, and Deputy Mayor Padilla presented each student with a certificate of recognition. · PRESENTATION OF A PLAQUE TO COUNCILMEMBER MARY SALAS BY KURT KAMMERER OF THE SAN DIEGO REGIONAL ENERGY OFFICE IN APPRECIATION OF HER SERVICE ON THE BOARD Kurt Kammerer recognized and presented a plaque to Councilmember Salas for her service as Board Member to the San Diego Regional Energy Office. CONSENT CALENDAR (Items I through 9) 1. WRITTEN COMMUNICATIONS A. Letter of resignation from David Malcolm, member of the Board of Port Commissioners. Staff recommendation: The resignation be accepted. 2. APPROVAL OF MINUTES of December 11 and December 13, 2001. Staff recommendation: Council approve the minutes. 3. ORDiNANCE NO. 2850, ORDiNANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2001-1 (SAN MIGUEL RANCH), AUTHORIZING THE LEVY OF A SPECIAL TAX IN IMPROVEMENTS AREA A AND IMPROVEMENT AREA B OF SUCH COMMUNITY FACILITIES DISTRICT On December 4, 2001, the City approved resolutions to form and establish the district and to declare the necessity to incur bonded indebtedness for each improvement area. On December 12, 2001, a special election of eligible property owners was held at the City Attorney's office for the purpose of voting on the formation of CFD No. 2001-1. Adoption of the ordinance will authorize the levy of a special tax in Improvement Areas A and B of Community Facilities District No. 2001-1. (Director of Public Works) Staff recommendation: Council place the ordinance on second reading for adoption. Page 2 - Council Minutes 01/15/02 CONSENT CALENDAR (Continued) 4. RESOLUTION NO. 2002-001, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHiNG DATES FOR PROPERTY OWNERS TO BE READY TO RECEIVE UNDERGROUND SERVICE, AND FOR THE REMOVAL OF POLES AND OVERHEAD FACILITIES WITHIN UNDERGROUND UTILITY DISTRICT NO. 131, ALONG FOURTH AVENUE, FROM "H" STREET TO "L" STREET On January 25, 2000, Council held a public hearing and adopted Resolution No. 2000-027, establishing Underground Utility District No. 131 along Fourth Avenue from H Street to L Street. In accordance with section 15.32.150 of the Municipal Code, Resolution No. 2000-027 states that the City Council shall, by subsequent resolution, set the date upon which affected property owners must be ready to receive underground service and the date by which SDG&E shall remove poles, overhead wires, and associated structures. The conversion of overhead utilities to underground is anticipated to be completed by December 31, 2002. City Council policy #585-01 allows the City to use utility undergrounding funds to reimburse all affected properties for the cost of undergrounding of private service laterals. (Director of Public Works) Staff recommendation: Council adopt the resolution. 5. RESOLUTION NO. 2002-002, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATiNG $55,000 FROM THE UNENCUMBERED BALANCE OF THE TRAFFIC SIGNAL FUND FOR THE REPLACEMENT OF THE CITY'S FORMER JHK TRAFFIC SYSTEM WITH THE QUICKNET/4 ADVANCED TRAFFIC MANAGEMENT SYSTEM (ATMS) On October 9, 1997, the City received approval to use Congestion Management and Air Quality (CMAQ) federal funding, administered by Caltrans, for the acquisition of traffic control system software and hardware from Bi Tran Systems, Inc., in the amount of $55,000. City funds are always fronted to finance federally aided projects under CMAQ funding. After those projects are completed, City staff requests reimbursement from Caltrans for the approved funding. The federal funds are still available for the City to apply to that project, but City funds must be appropriated at this time in order to front the project costs. (Director of Public Works) Staff recommendation: Council adopt the resolution. 6 A. RESOLUTION NO. 2002-003, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA SUMMARILY VACAT1NG A PUBLIC STREET EASEMENT OVER PARCEL 2 OF PARCEL MAP 16033, GRANTED TO THE CITY OF CHULA VISTA BY DOCUMENT NO. 1991-0156302, RECORDED APRIL 8, 1991 B. RESOLUTION NO. 2002-004, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA SUMMARILY VACATiNG A SLOPE RIGHTS AND DRAINAGE EASEMENT OVER PARCEL 2 OF PARCEL MAP 16033, GRANTED TO THE CITY OF CHULA VISTA BY DOCUMENT NO. 1991-0156302, RECORDED APRIL 8, 1991 Page 3 - Council Minutes 01/15/02 CONSENT CALENDAR (Continued) C. RESOLUTION NO. 2002-005, RESOLUTION OF THE CITY COLrNCIL OF THE CITY OF CHULA VISTA SUMMARILY VACATING A ROAD EASEMENT OVER PARCEL 2 OF PARCEL MAP 16033 TO THE CITY OF CHULA VISTA RECORDED OCTOBER 24, 1900, 1N BOOK 304, PAGE 9 OF DEEDS A request was received from Pacific Bay Homes to vacate three easements belonging to the City within Parcel 2 of Parcel Map 16033, owned by Pacific Bay Homes. In accordance with Chapter 4, Section 8330 of the California Streets and Highways Code, this type of vacation may be performed summarily through adoption of a resolution of vacation. (Director of Public Works) Staff recommendation: Council adopt the resolutions. 7. RESOLUTION NO. 2002-006, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND INFRASTRUCTURE MANAGEMENT SERVICES, 1NC. (1MS) TO PROVIDE PAVEMENT TESTING/CONDITION ANALYSIS, DATA COLLECTION, AND MANAGEMENT SERVICES (STL-273) On October 1, 2001, the City received three proposals to perform pavement testing and management services, and on October 15, 2001, the three consultant firms were interviewed. Infrastructure Management Services, Inc. (IMS) was selected as the most qualified of the three firms that responded to the request for proposals. 1MS performed the original pavement testing for the City of Chula Vista in the late 1980's, and, in staff's opinion, IMS can most efficiently and effectively update the current pavement management system data in a manner that is fully compatible with our existing system. (Director of Public Works) Staff recommendation: Council adopt the resolution. 8. RESOLUTION NO. 2002-007, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING $68,950 FROM THE AVAILABLE FUND BALANCE OF THE GENERAL FUND TO THE COMMUNITY DEVELOPMENT DEPARTMENT FOR THE STOREFRONT RENOVATION PROGRAM The storefront renovation program was funded by an original appropriation of $85,000 in November 2000. Due to the nature of the program, it was anticipated that the initial appropriation would be sufficient for the first two to three years of the program. It was intended that the remaining balance from thc original program funds would be continued into the budget for 2001/2002; however, they were not included. Adoption of the resolution will remedy this situation. Subtracting funds spent from the original appropriation to date, $68,950 is the necessary amount to refund the program at its original appropriation amount. (Director of Community Development) Staff recommendation: Council adopt the resolution. Page 4 - Council Minutes 01/15/02 CONSENT CALENDAR (Continued) 9 A. REPORT REGARDING THE DEVELOPMENT IMPACT FEE (DIF), PARK ACQUISITION AND DEVELOPMENT (PAD) FEE, AND TRUNK SEWER CAPITAL RESERVE FUNDS FOR THE FISCAL YEAR ENDED JUNE 30, 2001 B. RESOLUTION NO. 2002-008, RESOLUTION OF THE CITY COUNCiL OF THE CITY OF CHULA VISTA MAKING FiNDiNGS THAT THE UNEXPENDED FUNDS iN THE PARKLAND ACQUISITION AND DEVELOPMENT FEE FUND ARE STILL NEEDED TO PROVIDE CONSTRUCTION OF FACILITIES FOR WHICH THE FEES WERE COLLECTED State law requires local agencies assessing development impact fees and capacity charges to make available specified financial data to the public each fiscal year. This report satisfies that requirement and also includes, for ease of reference and for the convenience of members of the public, information on Parkland Acquisition and Development fees. (Assistant City Manager Powell/Director of Public Works) Staff recommendation: Council accept the report and adopt the resolution. ACTION: Councilmember Rindone moved to approve staff recommendations and offered Consent Calendar Item #1 through #9, headings read, text waived. The motion carried 5-0. ORAL COMMUNICATIONS There were none. PUBLIC HEARINGS 10. CONSIDERATION OF ASSESSMENT OF CERTAIN DELiNQUENT SEWER SERVICE CHARGES AS LIENS UPON THE RESPECTiVE OWNER-OCCUPIED PARCELS OF LAND AND PLACEMENT OF DELiNQUENT CHARGES ON THE NEXT REGULAR TAX BILL FOR COLLECTION Chula Vista Municipal Code Section 13.14.150 allows delinquent sewer service charges to be assessed as liens upon the affected properties and ultimately placed on the property tax bills for collection. (Assistant City Manager Powell) Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Mayor Horton opened the public hearing. There being no members of the public wishing to speak, she then closed the hearing. ACTION: Councilmember Padilla offered Resolution No. 2002-009, heading read, text waived: Page 5 - Council Minutes 01/15/02 PUBLIC HEARINGS (Continued) RESOLUTION NO. 2002-009, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ASSESSING DELINQUENT SEWER SERVICE CHARGES AS LIENS UPON THE RESPECTIVE OWNER- OCCUPiED PARCELS OF LAND AND APPROVING PLACEMENT OF DELINQUENT CHARGES ON THE NEXT REGULAR TAX BILL The motion carried 5-0. 11. CONSIDERATION OF INCREASING THE AUTHORIZED BONDED INDEBTEDNESS FOR IMPROVEMENT AREA A OF COMMUNITY FACILITIES DISTRICT NO. 2001-1 (SAN MIGUEL RANCH) Community Facilities District No. 2001-1 (San Miguel Ranch; CFD No. 2001-1) will fimd the construction of public facilities, such as roadways, and other public improvements for the San Miguel project. In addition, a portion of the proceeds may be used for certain txansportation projects, as directed by the City. Adoption of the resolution increases the bond authorization for Improvement Area A of CFD No. 2001-1 from $13,500,000 to $15,000,000 and, if no majority protest to such increase has been filed and the City Council elects to submit the question of Increasing the Authorized Bonded Indebtedness for Improvement Area A, subject to the approval of the qualified electors of such improvement area with the special election to be held on January 17, 2002. (Director of Public Works) Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Mayor Horton opened the public heating. There being no members of the public wishing to speak, she then closed the heating. ACTION: Councilmember Rindone offered Resolution No. 2002-010, heading read, text waived: RESOLUTION NO. 2002-010, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2001-1 (SAN MIGUEL RANCH), MAKING FINDINGS AND DETERMINATIONS AND SUBMITTING THE QUESTION OF iNCREASING THE AUTHORIZED BONDED INDEBTEDNESS FOR IMPROVEMENT AREA A OF COMMUNITY FACILITIES DISTRICT NO. 2001-1 (SAN MIGUEL RANCH) TO THE QUALIFIED ELECTORS OF SUCH IMPROVEMENT AREA; CALLING A SPECIAL ELECTION AND ESTABLISHiNG PROCEDURES AND CONDITIONS FOR CONDUCTING SUCH AN ELECTION The motion carried 5-0. Page 6 - Council Minutes 01 / 15/02 PUBLIC HEARINGS (Continued) 12. CONSIDERATION OF APPROVAL OF A CONDITIONAL USE PERMIT, PCC-01- 88, TO ESTABLISH A CHILD DEVELOPMENT CENTER/PRESCHOOL FOR UP TO 100 CHILDREN 1N THE EXISTING JESUS CHRIST OF LATTER DAY SAINTS CHURCH BUILDING AND SURROUNDING GROUNDS AT 1320 FOURTH AVENUE (APPLICANT: EPISCOPAL COMMUNITY SERVICES) Episcopal Community Services is requesting a conditional use permit to establish a child development center/preschool for up to 100 children in an existing church facility and surrounding grounds at 1320 Fourth Avenue, where the Reorganized Church of Jesus Christ of Latter Day Saints is located. (Director of Planning and Building) Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Mayor Horton opened the public hearing. There being no members of the public wishing to speak, she then closed the hearing. ACTION: Mayor Horton offered Resolution No. 2002-011, heading read, text waived: RESOLUTION NO. 2002-011, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING NEGATiVE DECLARATION IS- 01-059, AND APPROVING A CONDITIONAL USE PERMIT (PCC-01-88) FOR EPISCOPAL COMMUNITY SERVICES FOR ESTABLISHMENT OF A CHILD DEVELOPMENT CENTER/PRESCHOOL FOR UP TO 100 CHILDREN AT 1320 FOURTH AVENUE The motion carried 5-0. ACTION ITEMS 13. REPORT REGARDING REEVALUATION OF ALL-WAY STOP ON EAST J STREET AT LA SENDA WAY On July 26, 2001, staff received a letter from Patrick McCarragher, 703 East J Street, requesting that an all-way stop be installed on East J Street at La Senda Way to help control the high speed of motorists traveling on East J Street and to resolve intersection safety concerns as a result of reduced sight visibility at the subject intersection. Staff evaluated the intersection under the latest Council policy and recommended denial of an all-way stop control. The Safety Commission did not concur, and under Council Policy 110-09, if staff and the Safety Commission do not concur, the matter automatically goes to City Council for a final decision. (Director of Public Works) Senior Civil Engineer Leyva illustrated the sight visibility at the subject intersection. Patrick McCarragher, 703 East J Street, spoke in support of an all-way stop at the intersection. Page 7 - Council Minutes 01/15/02 ACTION ITEMS (Continued) David Krogh, 712 East J Street, believed that the proposed all-way stop was not warranted and that there was no demonstrated history of accidents in the area. He added that speed limit signs are posted and visible. Councilmember Rindone moved to support staff's recommendation to deny an all-way stop. There was no second to the motion. Deputy Mayor Padilla stated that it was important to listen to the citizens appointed to the Safety Commission, and he believed that there was sufficient reason to support the installation of an all- way stop. Coancilmember Davis spoke in support of the Safety Commission's recommendation to approve an all-way stop. ACTION: Councilmember Salas moved to approve the Safety Commission's recommendation to install an all-way stop at the intersection. Deputy Mayor Padilla seconded the motion, and it carried 4-1, with Councilmember Rindone voting no. OTHER BUSINESS 14. CITY MANAGER'S REPORTS There were none. 15. MAYOR'S REPORTS There were none. 16. COUNCIL COMMENTS There were none. CLOSED SESSION 17. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(A) · Building Industry Association of San Diego County, et al. v. State Water Resources Control Board, et al., Superior Court, County of San Diego, San Diego Judicial District, Case No. GIC 780263 This item was not discussed. 18. CONFERENCE WITH LEGAL COUNSEL REGARDING INITIATION OF LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(C) · Three cases No action was taken on one case, and there was no discussion on the two remaining cases. Page 8 - Council Minutes 01/15/02 ADJOURNMENT At 11:35 p.m., Mayor Horton adjoumed the meeting to the Regular Meeting of January 22, 2002, at 6:00 p.m. in the Council Chambers. Susan Bigelow, CMC/AAE, City Clerk Page 9 - Council Minutes 01/15/02