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HomeMy WebLinkAboutcc min 1999/05/18MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA May 18, 1999 6:00 P.M. A Regular Meeting of the City Council of the City of Chula Vista was called to order at 6:02 p.m. in the Council Chambers located in the Public Services Building, 276 Fourth Avenue, Chula Vista, California. CALLTO ORDER 1. ROLLCALL: PRESENT: Councilmembers Davis, Moot, Padilia, Salas, and Mayor Hotton, Councilmember Padilia arrived at 6:15 p.m. ABSENT: None 2, PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE APPROVAL OF MINUTES of May 4, 1999 (Regular Meeting of the City Council) and May I 1, 1999 (Joint Meeting of the Redevelopment Agency and City Council). ACTION: Mayor Pro Tem Salas moved to approve the minutes as submitted. Councilmember Davis seconded the motion, and it carried 4-0, with Councilmember Padilia not yet present. 4. SPECIAL ORDERS OF THE DAY Ron Bolles, from Bonita Vista Music Machine, presented a gift from the City of Odawara to Mayor Horton. Joe Amaro, Director of the Miss Chula Vista Pageant, was not present and will introduce Miss Chula Vista Anika Dominguez, First Princess Claudia Gongora, Second Princess Jennifer Rowell, and Miss Congeniality Lillianna Montijo at a future meeting. Proclaiming the week of May 16 tbrough May 22, 1999 as "Public Works Week." Mayor Horton read the proclamation, and Mayor Pro Tern Salas presented it to John Lippitt, Director of Public Works. CONSENT CALENDAR (Items 5 through 12) Councilmember Moot asked that Item #7 be removed from the Consent Calendar for separate consideration. A member of the audience asked that Item #12 be removed for separate consideration. Councilmember Davis stated that she would abstain on Item #9, Mayor Pro Tern Salas stated that she would abstain on Item #10, and Councihnember Moot stated that he would abstain on Item #12. CONSENT CALENDAR (Continued) 5. WRITTEN COMMUNICATIONS Letter from the City Attorney stating that to the best of his knowledge from observance of actions taken in Closed Session on May I I, 1999, there were no actions taken which are required under the Brown Act to be reported. Staff recommendation: The letter be received and filed. Letter of resignation from the Economic Development Commission - Thomas J. Rodrigo. Staff recommendation: The resignation be accepted with regret and the City Clerk be directed to post immediately according to the Maddy Act in the Clerk's Office and the Public Library. RESOLUTION 19455, APPROVING THE FIRE STATION NUMBER 4 FOURTH DEFERRAL AGREEMENT This is the fourth deferral agreement with regard to the construction of the new Fire Station Number 4 in Rancho del Rey, off of East "H' Street. The City's current agreement with Rancho del Rey Investors, L.P. to extend the deferral for the advancement of funds for relocating Fire Station Number 4 was predicated upon the City adopting an updated Public Facilities Development Impact Fee Program by June I, 1999. As the Public Facilities Development Impact Fee Program will not be presented to Council for action until after June I, 1999 an extended deferral agreement is again necessary. Staff recommendation: Conncil adopt the resolntion (Fire Chief and Deputy City Manager) RESOLUTION 19457, ACCEPTING BIDS AND AWARDING CONTRACT FOR "SIDEWALK REHABILITATION AT VARIOUS LOCATIONS 1N THE CITY (STL-203)" PROJECT On March 31, 1999, sealed bids were received. The work consists of the removal and replacement of displaced curbs, gutters, sidewalks, and driveways The work includes excavation and grading, PCC sidewalks, driveways, curbs and gutters, asphalt concrete pavement, removaI and disposal of existing improvements, traffic control, protection and restoration of existing improvements, other miscellaneous work, and all labor, material, equipment, and transportation necessary for the project. Staff recommendation: Council adopt the resolution. (Director of Public Works) RESOLUTION 19458, APPROVING THE ENGINEER'S REPORTS FOR THE FISCAL YEAR 1999/2000 SPREAD OF ASSESSMENTS FOR CITY OPEN SPACE MAINTENANCE DISTRICTS I-9, 11, 14, 15, 17, 18, 20, 23, 24, 26, 31, AND 33 DECLARING THE INTENTION TO LEVY AND COLLECT ASSESSMENTS AND SETTING JUNE 22, 1999 AT 6:00 P.M. AND JULY I3, 1999 AT 6:00 P M AS THE DATES AND TIMES FOR THE PUBLIC HEARINGS Page 2 05/18/99 CONSENT CALENDAR (Continued) 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 collect funds for the proposed open space maintenance. Staff recommendation: Council adopt the resolution. (Director of Public Works) 10. RESOLUTION 19459, APPROV1NG THE ENGINEER'S REPORT FOR THE FISCAL YEAR 1999/2000 SPREAD OF ASSESSMENTS FOR CITY OPEN SPACE MAINTENANCE DISTRICT 10, DECLARING THE INTENTION TO LEVY AN D COLLECT ASSESSMENTS AND SETTING JUNE 22, 1999 AT 6:00 P,M. AND JULY 13, 1999 AT 6:00 P.M. AS THE DATES AND TIMES FOR THE PUBLIC HEARINGS Based on the advice of the City Attorney, this item was separated due to conflict of interest concerns, since a Councilmember owns property subject to the proposed assessment in this district. Staff recommendation: Council adopt the resolution. (Director of Public Works) RESOLUTION 19460, APPROV1NG THE ENGINEER'S REPORT FOR FISCAL YEAR 1999/2000 SPREAD OF ASSESSMENTS FOR EASTLAKE MAINTENANCE DISTRICT 1, DECLARING THE INTENTION TO LEVY AND COLLECT ASSESSMENTS AND SETTING JUNE 22, 1999 AT 6:00 PM, AND JULY 13, 1999 AT 6:00 P.M. AS THE DATES AND TIMES FOR THE PUBLIC HEARINGS Based on the advice of the City Attorney, this item was separated due to conflict of interest concerns, since a Councilmember owns property subject to the proposed assessment in this district. Staff recommendation: Council adopt the resolution (Director of Public Works) ACTION: Mayor Horton offered Consent Calendar Items #5, #6, and #8 through 11, headings read, texts waived. The motion carried 5-0, except on Item #9, which carried 4-0-1, with Councilmember Davis abstaining, and on Item ,#10, which carried 4-0-1, with Mayor Pro Tem Salas abstaining. RESOLUTION 19456, AUTHORIZING THE ISSUANCE OF ENCROACHMENT PERMIT NUMBER PE-452 TO BUILD A GASOLINE FACILITY OVER AN EXISTING 20 FOOT PUBLIC STORM DRAIN EASEMENT AT 1144 BROADWAY The owners of the property located at 1144 Broadway (Costco Wholesale) are proposing to build a Costco retail gasoline facility which partially encroaches over an existing public storm drain easement. The owners have requested the City to grant an encroachment permit to allow a portion of the gasoline facility to be built on top of the existing public storm drain easement. Staff recommendation: Council adopt the resolution. (Director of Public Works) Page 3 05/18/99 CONSENT CALENDAR (Continued) Councilmember Moot commended staff on moving forward with this item in an expedient manner. ACTION: Councilmember Moot offered Resolution #19456, heading read, text waived. The motion carried 5-0. 12. RESOLUTION 19461, AUTHORIZING TftE ISSUANCE OF ENCROACHMENT PERMIT NUMBER PE-453 FOR CON STRUCTION OF TWO ENTRY ACCENT WALLS PROPOSED FOR THE MCMILLIN OTAY RANCH SPA 1, PHASE 1, WITHIN PUBLIC DRAINAGE EASEMENT AND AN ASSIGNABLE AND IRREVOCABLE GENERAL UTILITY AND ACCESS EASEMENT ON BOTH SIDES OF LA MEDIA ROAD SOUTH OF TELEGRAPH CANYON ROAD McMillin Otay Ranch, LLC., is proposing to construct two entry accent walls along La Media Road, south of Telegraph Canyon Road, within a public drainage easement and an assignable and irrevocable general utility and access easement According to Section 12.28 of the Municipal Code, any permanent structures built within any public easement, such as permanent accent walls, require Council approval utilizing the encroachment permit process. Staff recommendation: Council adopt the resolution. (Director of Public Works) Carolyn Butler, 97 Bishop Street, asked if the encroachment impacts any drainage or pump station. Staff responded negatively. Ms Butler stated that she did not want filtered water on her property, ACTION: Mayor Horton offered Resolution #1946I, heading read, text waived. The motion carried 4-0-1, with Councilmember Moot abstaining. ORAL COMMUNICATIONS Carolyn Butler, 97 Bishop, asked about the definition of "misleading" and the Brown Act. PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 13. PUBLIC HEARING TO CONSIDER THE MODIFICATION OF THE EXISTING TRANSPORTATION DEVELOPMENT IMPACT FEE (CONTINUED FROM MAY 4, 1999) Staff recommendation: The public hearing be continued to June 8, 1999. (Director of Public Works) ACTION: Mayor Horton moved to continue the item to June 8, 1999, as recommended by stafl2 Councilmember Davis seconded the motion, and it carried 5-0. Page 4 05/I 8/99 PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES (Continued) 14. PUBLIC HEARING PCM 99-09/PCC 99-3 I; CONSIDERATION OF AN AMENDMENT TO THE RANCHO DEL REY SPA I COMMERCIAL DISTRICT REGULATIONS TO ALLOW SELF-STORAGE FACILITY TO BE CONSTRUCTED AT 810-812 LAZO COURT - CASTER GROUP, L.P. Staff recommendation: The public hearing be continued to June 8. 1999. (Director of Planning and Building) of the hearing was given in accordance with legal requirements, and the hearing was held on Notice the date and at the time specified in the notice. Mayor Horton opened the hearing. ACTION: 15, Councilmember Salas moved to continue the hearing to June 8, 1999, as recommended by staff. Councilmember Davis seconded the motion, and it carried PUBLIC HEARING ON CONSIDERING AMENDMENT TO THE MASTER FEE SCHEDULE TO ADJUST EXISTING FEES FOR ANIMAL SHELTER SERVICES (CONTINUED FROM MAY 4, 1999) RESOLUTION 19462, AMENDING THE MASTER FEE SCHEDULE TO ADJUST EXISTING FEES AND ESTABLISH NEW FEES FOR ANIMAL SHELTER SERVICES The proposal is to amend the Master Fee Schedule to adjust existing fees and establish new fees for animal control services. These fees are a part of a comprehensive bnsiness plan for the animal control shelter and construction of the new animal shelter facility. All changes to the fees proposed are to be effective July I, 1999. Staff recommendation: Council adopt the resolution (Chief of Police) 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 hearing and asked if anyone from the audience wished to speak. There being no one, Mayor Hotton closed the hearing. Mayor Horton acknowledged the letters of support for the fee increases ACTION: Mayor Horton offered Resolution #19462, heading read, text waived. The motion carried 5-0. Page 5 05/I 8/99 ACTION ITEMS 17. RESOLUTION 19464, APPROVING THE PRELIMINARY FINANCE PLAN AND PROPOSED DESIGN FOR CONSTRUCTION OF THE NEW ANIMAL CARE FACILITY The proposed funding plan is to be used to finance the new animal care facility. Staff recommendation: Council adopt the resolution. (Chief of Police) This item was taken out of order. Staff and project architects provided Council with a status update on construction costs, project schedule, and design plans for the new animal care facility, which is scheduled to be completed by July, 2000. JoAnn D'Aquila, 337 Fifth Avenue, representing the Pets Welfare Foundation, asked the Council to honor its commitment to animals made two years ago Sallye Graves, 194 E. Millan, a volunteer at the shelter, spoke in support of the proposed facility to benefit animals and staff. Carolyn Butler, 97 Bishop, spoke in favor of the proposed shelter. Betsy Anderson, I 119 Flora Avenue, stated that the proposed shelter will be beneficial to the animals and the City of Chula Vista. Mayor Horton commended the architect for the design and stated that the facility will enhance the southern section of Chula Vista. She expressed concerns about the increased costs of the proposed shelter and the possibility that the public might feel the City supports animals over children, since the YMCA facility in Rancho Del Ray had to use trailers for office space to off-set its increased costs. City Manager Rowlands stated that the shelter will have no impact on the general fund and will provide a long-term solution to address the City's animal shelter program Mayor Pro Tem Salas commented that the City Charter prohibits a design/build process and needs to be amended. Councilmember Davis stated that if the City is going to build the shelter, it needs to be done right. Councihnember Moot asked if the state-imposed mandate included funding. Intergovernmental Affairs Coordinator Colleen Kelly stated that the initial bill contained a small amount of funding. Councilmember Moot suggested tbat information concerning this legislation be given to animal supporters in the community so they can write letters to the state to support state funding. He also stated that the animal shelter is a long-term investment for the City. Page 6 05/18/99 ACTION ITEMS (Continued) Mayor Horton commended the animal supporters in the audience for their endorsement of the shelter and their belief that Chula Vista is capable of handling its own animal shelter program Councilmember Padilia stated that the City needs to plan for the long term, and Councilmembers need to be advised on the status of the legislation. ACTION: Mayor Hotton offered Resolution #19464, heading read, text waived, The motion carried 5-0. 16, RESOLUTION 19463, APPROVING A GRAFFITI ERADICATION BUDGET REALLOCATION POLICY The purpose of the policy is to provide a positive financial incentive and reinforcement through peer pressure to help reduce and stop grafllti Staff recommendation: Council adopt the resolution (Deputy City Manager) Former Councilmember Len Moore stated that graffiti is a crime that adds costs to the business community and private property owners. Councihnember Davis agreed that graffiti has an adverse effect on the business community, and the cost to eradicate it is high. She indicated her support of the proposed program. ACTION: Mayor Horton offered Resolution #19463, heading read, text waived. The motion carried 5-0 OTHER BUSINESS 17. CITY MANAGER'S REPORTS There were none. 19. MAYOR'S REPORTS A. RESOLLITION 19465, SUPPORTING SB 911 (FIGUEROA), EMERGENCY CARE B. RESOLUTION 19466, OPPOSING AB 842 (MIGDEN) CHARTER SCHOOLS C. RESOLUTION 19467, OPPOSING AB 1626 (MIGDEN), BUILDING STANDARDS SB 9II, AB 842 and AB 1626 are pieces of legislation on which the City has been asked to take a position but which do not fall within the guidelines of the City's adopted legislative program. As a result, the three bills were brought fbrward to the City Council for consideration Recommendation: Council adopt the resolutions Page 7 05/18/99 OTHER BUSINESS (Continued) ACTION: Mayor Horton offered Resolution #19465, heading read, text waived. The motion carried 5-0. ACTION: Mayor Horton stated that Resolution #19466 will be continued indefinitely. ACTION: Mayor Horton offered Resolution #19467, heading read, text waived. The motion carried 5-0. 20. COUNCIL COMMENTS Councilmember Padilla thanked his intern Lisa Duerfeldt for her work on his behalf and acknowledged that she will be completing her degree. At 7:43 p.m., Mayor Horton recessed the meeting to closed session CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 54956.9(A) REGARDING EXISTING LITIGATION Fritsch v. City of Chula Vista. Instructions were given to legal connsel. 2. CONFERENCE WITH REAL PROPERTY NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 54956.8 Property: Approximately 7 acres located on Bonita Road adjacent to the Chula Vista Municipal Golf Course Negotiating Parties: City of Chula Vista (Chris Salomone) and Diamond Development Company. Under Negotiation: Purchase price/lease rate and other terms and conditions for possible disposition of City-owned property. Instructions were given to the negotiator ADJOURNMENT At 8:55 p.m., Mayor Hotton adjourned the meeting to the Regular Meeting of May 25, 1999 at 6:00 p.m. in the Council Chambers. Respectfully submitted, Susan Bigelow, CMC/AAE, City Clerk Page 8 05/18/99