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HomeMy WebLinkAboutcc min 1999/06/22June 22, 1999 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA 6:00 P.M. A Regular Meeting of the City Council of the City of Chula Vista was called to order at 6:05 p.m. in thc Council Chambers located in the Public Services Building, 276 Fourth Avenue, Chula Vista, California. l. ROLL CALL PRESENT: ABSENT: Councilmembers Davis, Padilla, Salas and Mayor Horton Councilmember Moot ALSO PRESENT: City Manager Rowlands, City Attomey Kaheny, Deputy City Clerk Gri ffi n 2. PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE 3. APPROVAL OF MINUTES None were submitted. 4. SPECIAL ORDERS OF THE DAY A. Presentation from Duke Energy, North America, to the Mayor for domestic violence awareness. San Diego Gas & Electric representative Pat Barnes introduced Tom Guthrie, Manager of Duke Energy, who presented a check in the amount of $15,000 to go toward domestic violence awareness. B. Presentation of awards for Graffiti Reduction Coloring Contest winners. Former Councilmember Leonard Moore introduced Chris Morrison, who announced the winners of thc Graffiti Reduction Coloring Contest, all of whom were elementary school children. CONSENT CALENDAR (Items 5 through 12) 5. 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 June 8, 1999, there were no actions taken which arc required under the Brown Act to be reported. Staff recommedation: The letter be received and filed. CONSENT CALENDAR (Continued) Letter from Walter Norris, President, Mother Goose Parade, requesting a donation of $2,500 lbr the November 21, 1999, "Mother Goose Honors Disabled Children" parade. Staff recommendation: The request be denied. Letter from Richard A. Pena, requesting that the Bonita Historical Museum be included in the City's budget. Staff recommendation: $1,000 be included in the Community Promotions Budget for Fiscal Year 1999/2000. ORDINANCE 2791, AMENDING THE COMMERCIAL DISTRICT REGULATIONS OF THE RANCHO DEL REY SECTIONAL PLANNING AREA ( SPA 1 ) PLAN TO ALLOW FOR SELF-STORAGE FACILITIES TO BE CONSIDERED SUBJECT TO APPROVAL OF A CONDITIONAL USE PERMIT (SECOND READING AND ADOPTION) The project consists of two three-story buildings with an ovcrall size of 95,025 square feet. It is proposed for a vacant 1.8 acre site located at the southwest corner of Lazo Court and Paseo del Rey. It is the only vacant parcel remaining in the Rancho del Rey Commercial District, otherwise known as the Power Center. The applicant is requesting an amendment to the Commercial District Regulations to allow this type of use, subject to a Conditional Use Permit and associated Conditional Use Permit, for this particular site. Staff recommendation: Council place the ordinance on second reading for adoption. (Director of Planning and Building and Director of Community Development) RESOLUTION 19494, ACCEPTING DONATION, AUTHORIZING EXPENDITURE AND APPROPRIATING SAID DONATED FUNDS TO THE POLICE DEPARTMENT RESERVE MOUNTED UNIT The Police Departmcnt Reserve Mounted Unit recently received an unsolicited donation in the amount of $500 from the San Diego Gas & Electric Company. The donation was presented to the Mounted Unit to underwrite the purchase of replacement tack for City-wide Police saddles. Staff recommendation: Council adopt the resolution. (Chief of Police) 8.A. RESOLUTION 19495, APPROVING AN APPLICATION FOR GRANT FUNDS TO THE STATE OF CALIFORNIA, DEPARTMENT OF PARKS AND RECREATION, FOR THREE PARK PROJECTS Page 2 - Council 06/22/99 CONSENT CALENDAR (Continued) RESOLUTION 19496, ACCEPTING A GRANT IN THE AMOUNT OF $496,440 FROM THE STATE OF CALIFORNIA FOR THREE PARK PROJECTS (TIFFANY PARK. PARKWAY POOL RESURFACING-LAMPING, AND SOUTH BAY COMMUNITY SERVICES TROLLEY TRESTLE PROJECT); AND DIRECTING THE CITY MANAGER TO INCLUDE THE TROLLEY TRESTLE PROJECT GRANT FUNDS IN THE FISCAL YEAR 1999/2000 PROPOSED BUDGET; AND AUTHORIZING THE DIRECTOR OF LIBRARY AND RECREATION, OR HIS DESIGNEE, TO SIGN THE APPROPRIATE DOCUMENTATION WITH THE STATE OF CALIFORNIA TO ACCEPT THE GRANT FUNDS The City was awarded $496,440 in grant funds from the State of Califomia for three projects; two of which are City Capital Improvement Projects, Tiffany Park and Parkway Pool. The third award of funds is to be used for a housing site being developed by South Bay Community Services, entitled Trolley Trestle. For this project, the City will act as a funding dispersal agent to South Bay Community Services. In order to receive the grant funds, the City must submit an application to the State of California Department of Parks and Recreation. Staff recommendation: Council adopt the resolutions. (Library and Recreation Director) RESOLUTION 19497, APPROVING COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENTS WITH VARIOUS COMMUNITY GROUPS AND CITY DEPARTMENTS AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENTS On May 4, 1999, Council approved Community Development Block Grant funds for fifteen public service groups; four community project programs; five economic development programs; two community capital improvement programs; ten City capital improvement programs; and five administration and planning/coordination activities. The U.S. Department of Housing and Urban Development requires a written agreement with each sub-recipient of Community Development Block Grant and HOME funds. Staff recommendation: Council adopt the resolution. ( Director of Community Development) 10. RESOLUTION 19498, APPROVING A SEWER SERVICE AND OFFER OF ANNEXATION AGREEMENT WITH FRANCISCO JAVIER MARES AND MAI TUYET DO AT 4017 PALM DRIVE AN D AUTHORIZING THE MAYOR TO EXECUTE SAME ON BEHALF OF THE CITY In accordance with Policy 570-02, Francisco Javier Mares and Mai Tuyet Do have executed the required agreement in order to connect their property to the City in an unincorporated area of the County. Staff recommendation: Council adopt the resolution. (Director of Public Works) Page 3 - Council 06/22/99 CONSENT CALENDAR (Continued) 11. RESOLUTION 19499, WAIVING THE CONSULTANT SELECTION PROCESS, APPROVING AWARD OF A THREE-YEAR SERVICE CONTRACT TO AMERICAN DIGITAL SYSTEMS ENVIRONMENTAL SERVICES, INC. FOR THE MAINTENANCE OF SEVEN SEWAGE FLOW METERS FOR FISCAL YEARS 1999/2000, 2000/2001, 2001/2002 AND AUTHORIZING MAYOR TO EXECUTE SAID AGREEMENT The City' s current three-year service contract with American Digital Systems Environmental Services, Inc. for the repair and preventive maintenance services of seven sewage flow metering stations wilI expire on June 30, 1999. Based on evaluation of the proposal, staff recommends that the City enters into a new three-year contract with American Digital Systems Environmental Services, Inc. Staff recommendation: Council adopt the resolution. (Director of Public Works) RESOLUTION 19500, ACCEPTING BIDS AND AWARDING CONTRACT FOR THE INSTALLATION OF TRAFFIC SIGNAL SYSTEM AT ALBANY AVENUE AND MAIN STREET TO T & M ELECTRIC, INC., DBA PERRY ELECTRIC On May 19, 1999, scaled bids were received from three electrical contractors for the installation of a traffic signal system at Albany Avenue and Main Street. T & M Electric, Inc., dba Perry Electric, submitted a low bid of $67,170. Staff reviewed the low bid, found it to be reasonable, and recomnmnds awarding the purchase contract for said traffic signal system at Albany Avenue and Main Street to T & M Electric, Inc., dba Perry Electric. Staff recommendation: Council adopt the resolution. (Director of Public Works) ACTION: Mayor Horton moved to approve staff recommendations and offered the Consent Calendar. headings read, texts waived. The motion carried 4-0. ORAL COMMUNICATIONS Carolyn Butler spoke regarding zoning and apologized for her previous comments to the Mayor and Council. PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 13. PUBLIC HEARING TO CONSIDER THE MODIFICATION OF THE EXISTING TRANSPORTATION DEVELOPMENT IMPACT FEE (CONTINUED FROM JUNE 8, 1999) Staff recommendation: The public hearing be continued to the meeting of July 27, I999. (Director of Public Works) Mayor Horton opened the public hearing. ACTION: Councilmember Padilla moved to continue the public hearing to July 27, 1999, as recommcndcd. Councilmcmbcr Davis seconded the motion, and it carried 4-0. Pagc 4 - Council 06/22/99 PUBLIC HEARINGS AND RELATED RESOLLITIONS AND ORDINANCES (Continued) 14. PUBLIC HEARING TO CONSIDER TESTIMONY OF THE FISCAL YEAR 1999/2000 LEVY OF ASSESSMENTS FOR CITY OPEN SPACE DISTRICTS 1-9, 1 17 15, 17, 18, 20, 23, 24, 26, 31, 33, AND EASTLAKE MAINTENANCE DISTRICT NUMBER I The City administers 25 Open Space Districts established over the last 25 years. The districts provide the mechanism to finance the maintenance of common open space areas (canyons, trails, medians, etc.) associated with and benefitting that particular development. As part of this process, a levy of an annual assessment is necessary to enable the City to col lect funds for the proposed open space maintenance. On May 18, 1999, Council approved the reports on assessments for all existing Open Space Districts and set a public hearing for this date to take testimony on the proposed assessments. A second public hearing is scheduled for July 13, 1999. Staff recommendation: Council open the public hearing, take testimony, and close the public hearing. (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 hearing and asked if anyone from the audience wished to speak. There was no response, and Mayor Horton closed the hearing. ACTION: Mayor Horton stated that this item would be heard again at a public hearing scheduled for July 13.1999. 15. PUBLIC HEARING TO CONSIDER TESTIMONY ON THE FISCAL YEAR 1999/2000 LEVY OF ASSESSMENTS FOR CITY OPEN SPACE DISTRICT NUMBER 10 Based on the advice of the City Attorney, this item was separated from Item #14 due to conflict of interest concerns, since a Councilmember owns property subject to the proposed assessment in this district. Staff recommendation: Council open the public hearing, take testimony, and close the public hearing. (Directorof 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 bearing and asked if anyone from the audience wished to speak. There was no response, and Mayor Horton closed the hearing. ACTION: Mayor Horton stated that this item would be heard again at a public hearing scheduled for July 13, 1999. Page 5 - Council 06/22/99 PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES (Continucdl 16. PUBLIC HEARING TO CONSIDER TESTIMONY ON THE FISCAL YEAR 1999/2000 LEVY OF ASSESSMENTS FOR CITY OPEN SPACE DISTRICT NUMBER 14 Based on the advice of the City Attorney, this item was separated from Item #14 due to conflict of interest concerns, since a Councilmember owns property subject to the proposed assessment in this district. Staff recommendation: Council open the public hearing, take testimony, and close the public hearing. (Directorof Public Works) Notice of the hearing was given in accordance with legal requirements, and the hearing was held on thc date and at the time specified in the notice. Mayor Horton opened the public hearing and asked if anyone from the audience wished to speak. Joanne Warstler, 1584 Chapparel Drive, Bonita, objected to the increased assessments. Public Works Director Lippitt statcd that he would respond to her letter and the questions contained therein. There being no further comments, Mayor Horton closed the public bearing. ACTION: Mayor Horton stated that this item would be heard again at a public hearing scheduled for July 13, 1999. 17. PUBLIC HEARING TO CONSIDER GRANTING A WASTE MANAGEMENT FRANCHISE RENEWAL TO PACIFIC WASTE SERVICES THROUGH SEPTEMBER 4, 2007 WITH AN OPTION TO EXTEND UNTIL THE YEAR 2015 SUBJECT TO SATISFACTORY PERFORMANCE, AND POTENTIAL ADDITIONAL EXTENSIONS AT CITY'S SOLE OPTION UNTIL THE YEAR 2031 ORDINANCE 2792, GRANTING A WASTE MANAGEMENT FRANCHISE RENEWAL TO PACIFIC WASTE SERVICES THROUGH SEPTEMBER 4, 2007 WITH AN OPTION TO EXTEND UNTIL THE YEAR 2015 SUBJECT TO SATISFACTORY PERFORMANCE, AND POTENTIAL ADDITIONAL EXTENSIONS AT CITY'S SOLE OPTION UNTIL THE YEAR 2031 IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE FRANCHISE AGREEMENT, AND AUTHORIZING THE MAYOR TO EXECUTE SAME (FIRST READING) RESOLUTION 19501, APPROVING IN CONCEPT A LANDFILL AGREEMENT WITH OTAY LANDFILL, INC. REGARDING CITY TRASH FLOW AND LANDFILL MITIGATION The current solid waste and recycling Franchise Agreement expires on September 4, 2002. In anticipation of the end of that agreement, staff has worked with the City's current service Page 6 - Council 06/22/99 PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES (Continued) provider, Pacific Waste Management, to develop the tem~s and conditions for a proposed solid waste management Franchise renewal and a companion landfill agreement. Staff recommendation: Council place the ordinance on first reading and adopt the resolution. (Conservation Coordinator) ACTION: Mayor Horton noted that staff has recommended continuation of the hearing, and she moved to continue the hearing to June 29, 1999. Councilmember Davis seconded the motion, and it carried 4-0. ACTION ITEMS 18. RESOLUTION 19502, APPROVING A FIRST AMENDMENT TO THE AGREEMENT WITH MCGILL MARTIN SELF, INC., FOR PROJECT MANAGEMENT, PLAN REVIEW AND FINANCIAL SERVICES FOR THE CONSTRUCTION OF OLYMPIC PARKWAY AND APPROPRIATING $694,000 FROM THE UNAPPROPRIATED BALANCE OF THE TRANSPORTATION DEVELOPMENT IMPACT FEE FUND TO PROJECT STM-331 (4/5TH'S VOTE REQUIRED) The consultant, McGill Martin Self Inc. has been reviewing plans for the construction of Olympic Parkway and thc channel easterly of Brandywine and coordinating the Olympic Parkway project, including its financing via a financing district such as a community facility district. Due to a desire to have the consultant perform additional duties to ensure successful construction and timing of improvements of this important roadway segment, it is necessary to extend the consultant's contract and increase the consultant's compensation. Staff recommendation: Council adopt the resolution. (Director of Public Works) ACTION: Councilmember Davis offered Resolution No. 19502, approving a first amendment to the agreement with McGill Martin Self, Inc., for project management, plan review and financial services for the constrnction of Olympic Parkway and appropriating $694,000 from thc unappropriated balance of the Transportation Development Impact Fee fund to Project STM-331. The motion carried 4-0. 19. RESOLUTION 19503, COUNCIL, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NUMBER 97-03 (OTAY RANCH MCMILLIN SPA ONE), AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF SPECIAL TAX BONDS OF THE DISTRICT, APPROVING THE FORM OF BOND INDENTURE, BOND PURCHASE CONTRACT AND OTHER DOCUMENTS, AND AUTHORIZING CERTAIN ACTIONS IN CONNECTION THEREWITH Community Facilities District 97-3 will provide public funding for the acquisition of public improvements within the Otay Ranch McMillin project. The district was formed pursuant to the provisions of the "Mello-Roos Community Facilities Act of 1982." The proposed resolution authorizes the issuance of bonds in an amount not to cxcccd $12,250,000 and approves certain related docmnents for Community Facilities District 97-3. Staff recommendation: Director of Finance) Page 7 - Council Council adopt the resolution. (Director of Public Works and Director of Finance) 06/22/99 ACTION ITEMS (Continued) ACTION: Mayor Horton offered Resolution No. 19503, Council, acting in its capacity as the legislative body of Community Facilities District Number 97-03 (Otay Ranch McMillin SPA One), authorizing and providing for the issuance of special tax bonds of the District, approving the form of bond indenture, bond purchase contract and other documents, and authorizing certain actions in connection therewith. The motion carried 4-0. ITEMS PULLED FROM THE CONSENT CALENDAR There were none. OTHER BUSINESS 20. CITY MANAGER' S REPORTS City Manager Rowlands noted that there will be no meeting on July 6, 1999, because of the 4m of July holiday; and a workshop has been scheduled for Thursday, July 22, 1999. at 4:00 p.m. to consider the Multiple Species Conservation Plan. 21. MAYOR'S REPORTS Ratification of appointments to the Board of Ethics: Teresa Thomas (to fill vacancy created by Member Schulman, whose term expires June 30, 2000); and Kenneth Culver (to fill vacancy created by Member DeVore, whose term expires June 30, 2003); and to the Mobilehome Rent Review Commission (Ex-Officio): Edmund "Pat" LaPierre (to fill vacancy created by Commissioner Biggers, whose term expires June 30, 2001) Mayor Horton continued this item to June 29, 1999. Ratification of reappointment to the Bayfront Conservancy Trust: Susan Fuller, Judy Schulenberg, and Dr. Patrick Abbott. ACTION: Mayor Horton moved to ratify the reappointment of Susan Fuller, Judy Schulenberg and Dr. Patrick Abbott to the Bayfront Conservancy Trust. Deputy Mayor Salas seconded the motion, and it carried 4-0. 22. COUNCIL COMMENTS There were none. At 7:03 p.m., Mayor Horton recessed the City Council and convened the Redevelopmerit Agency; The Council reconvened at 7:40 p.m., with all members present except Councilmember Moot, and recessed to Closed Session. Page 8 - Council 06/22/99 CLOSED SESSION 23. CONFERENCE WITH LEGAL COUNSEL REGARDING: EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(A) A. Fritsch v. City of Chula Vista This item was not discussed. B. In Re White Water Canyon No action was taken on this item. SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(B) One Case No action was taken on this item. ADJOURNMENT At 7:50 p.m., Mayor Horton adjourned the meeting to an Adjourned Meeting to be held June 29, 1999, at 6:00 p.m. in the Council Chambers. Respectfully submitted, Carla J. Griffin, Deputy City Clerk Page 9 - Council 06/22/99