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HomeMy WebLinkAboutcc min 1999/04/20 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA April 20, 1999 6:00 P.M. CALL TO ORDER A Regular Meeting of the City Council of the City of Chula Vista was called to order at 6:09 p.m. in the Council Chambers located in the Public Services Building, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: ABSENT: None ALSO PRESENT: Councilmembers Davis, Moot, Padilia, Salas, and Mayor Horton. City Manager Rowlands, Senior Assistant City Attorney Moore, Deputy City Clerk Mitchell PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE APPROVAL OF MTNUTES of March 23, 1999 and April 13, 1999 (Joint Meeting of the Redevelopmerit Agency and the City Council). ACTION: Councilmember S alas moved to approve the minutes. C ouncilmember Davis seconded the motion, and it carried 5-0. SPECIAL ORDERS OF THE DAY Deputy City Clerk Mitchell administered the oath of office to Robert White, newly appointed member of the Veterans Advisory Coinmission, and Councilmember Salas presented Mr. White with a certificate of appointment. Mayor Horton announced April as National Fair Housing Month and Mayor Pro Tem Salas presented a proclamation to Mary Scott Knoll, Executive Director, Fair Housing Council of San Diego. Ms. Knoll and David Medina presented the student winners of the 1999 Fair Housing poster and essay contest, and their teachers and parents were also acknowledged. CONSENT CALENDAR (Items 5 through 14) 5. WRITTEN COMMUNICATIONS Letter from the Senior Assistant City Attorney stating that the City Council did not meet in Closed Session on April 13, 1999. Staff recommendation: The letter be received and filed. CONSENT CALENDAR (Continued) Letter of resignation from the Veterans Advisory Commission - Doc Anthony Anderson III. 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. Letter from Jennifer Haug requesting financial assistance to attend a National Youth Leadership Conference in Washington, D.C. Staff recommendation: That this request be denied. Letter from The Hilltop High Music Tech Ensemble Students and Dennis Mauricio, Director, requesting financial support to perform on the steps of the California State Capitol, as well as at Pier 39 in San Francisco, Staff recommendation: The Council fund the $250 request from the Council Contingency Fund. ORDINANCE 2777, AMEND1NG THE ZONING MAP OR MAPS ESTABLISHED BY SECTION 19.18.010 OF THE MUNICIPAL CODE PREZONING 509 ACRES AT THE NORTHERN TERMINUS OF HUNTE PARKWAY A-8, AGRICULTURAL (SECOND READING AND ADOPTION) The proposed project consists of prezoning 509 unincorporated acres to A-8, Agricultural, a prerequisite to annex the property to the City, and establishing an 18-hole championship golf course and associated facilities, including a driving range, clubhouse, and other amenities. Staff recommendation: Council place the ordinance on second reading for adoption. (Director of Planning and Building) ORDINANCE 2778, AMENDING SECTION 2.28.110A OF THE MUNICIPAL CODE RELATING TO THE ORGANIZATION OF THE BOARD OF ETHICS (FIRST READING) On January 1, 1999, the Superior Courts and Municipal Courts in the County of San Diego were consolidated, and there is now one unified Superior Court. Chula Vista Municipal Code Section 2.28.110A relating to the organization of the Board of Ethics mandates that prior to a person being appointed to membership on the Board of Ethics, the Council must refer for recommendation the list and qualification of applicants to the presiding judge of the South Bay Municipal Court Judicial District or his or her designee. The amendment to the ordinance would replace "South Bay Municipal Court Judicial District" with "South County Division of the San Diego Superior Court" to conform with the Court consolidation. Staff recommendation: Council place the ordinance on first reading. (City Attorney) Page 2 04/20/99 CONSENT CALENDAR (Continued) RESOLUTION 19437, APPROVING VARIOUS PERSONNEL ACTIONS INCLUDiNG RECLASSIFICATIONS, SALARY ADJUSTMENTS, AND THE ADDITION OF POSITIONS The requests for salary adjustment, reclassification, and the addition of new positions all result from the growth the City is experiencing. This growth has resulted in increased volume on work, complexity of issues, recruitment and retention difficulties, and the need to do things more efficiently than in the past. Approval of each of the recommendations will address one or more of these needs. For this reason, they are presented now rather than as part of the upcoming budget process. Staff recommendation: Council adopt the resolution. (Director of Human Resources) RESOLUTION 19438, WAIViNG THE C1TY'S FORMAL BIDDING PROCESS AND APPROVING CONTRACT WITH JOHN SHANNON ASSOCIATES TO PROVIDE CLASSIFICATION/COMPENSATION SERVICES TO THE CITY In the 1998/99 budget, Council approved the addition of $80,000 to the Human Resources Department budget for the purpose of hiring a consultant to conduct a comprehensive classification/compensation study of all non-safety positions in the City. After months of committee work developing a Request for Proposal and reviewing the proposals submitted, the Committee concluded that none of the four submitted met all criteria specified in the Request. It was subsequently decided by the Committee that with the assistance of John Shannon, City staff would be trained in classification analysis and compensation comparison. Staff recommendation: Council adopt the resolution. (Director of Human Resources) 10. RESOLUTION 19439, ACCEPTING FINGERPRINT SCANNiNG TECHNOLOGY FROM THE DEPARTMENT OF JUSTICE Since 1998, the Department of Justice has promoted the development of Fingerprint Scanning Technology that is replacing the inked and rolled fingerprint system. Effective January 2000, Live Scan fingerprints will be the only acceptable method of fingerprinting acceptable to the Department of Justice. Staff recommendation: Council adopt the resolution. (Chief of Police) 11. RESOLUTION 19440, ACCEPTING A REIMBURSEMENT TO THE LIBRARY AND RECREATION DEPARTMENT FROM UNIVERSAL SERVICE ADMiNISTRATIVE COMPANY THROUGH PACIFIC BELL; AND AMENDING FISCAL YEAR 1998/99 BUDGET; AND APPROPRIATING $14,471.55 IN UNANTICIPATED REVENUE FOR RELATED EXPENSES (4/5TH'S VOTE REQUIRED) Page 3 04/20/99 CONSENT CALENDAR (Continued) In a letter dated March 4, 1999, from the Universal Service Administrative Company to Pacific Bell, the Library has been advised that it will receive a reimbursement in the amount of $14,471.55 for the discounted portion of lnternet and data line service provided by Pacific Bell. The Library is eligible for this discounted service as a participant in the Federal Universal Service (AKA E-Rate) Program. Staff recommendation: Council adopt the resolution. (Library and Recreation Director) 12. RESOLUTION 19441, APPROVING SUBMISSION OF THE FISCAL YEAR 1999/00 TRANSPORTATION DEVELOPMENT ACT ARTICLE 4.0 CLAIM The Transportation Development Act claim for fiscal year 1999/00 Chula Vista Transit operations and capital expenditures is in the amount of $2,858,684, consisting of $2,729,064 from the City's Transportation Development Act account and $129,620 from the County of San Diego account. Staff recommendation: Council adopt the resolution. (Director of Public Works) 13. RESOLUTION 19442, APPROVING AGREEMENT WITH THE COUNTY OF SAN DIEGO FOR PUBLIC TRANSPORTATION SERVICES FOR FISCAL YEAR 1999/00 The agreement authorizes the City to claim $129,620 of County of San Diego Transportation Development Act Article 4.0 funds for Chula Vista Transit service in the unincorporated area of the County. Staff recommendation: Council adopt the resolution. (Director of Public Works) 14. RESOLUTION 19422, APPROVING THE FIRST AMENDMENT TO THE ACQUISITION/FINANCING AGREEMENT WITH MCMILLIN OTAY RANCH FOR COMMUNITY FACILITIES DISTRICT NUMBER 97-3 MCMILLIN OTAY RANCH SPA ONE) (CONTINUED FROM APRIL 13, 1999) On December 8, 1998, Council approved the Acquisition/Financing Agreement for Community Facilities District Number 97-3. The Agreement set forth the conditions and procedures for acquiring the improvements from the developer. The amendment will ensure that the Acquisition/Financing Agreement is consistent with the applicable terms and conditions of the Olympic Parkway Agreement. 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 5-0, except on Item #14, which carried 4-0-1, with Councilmember Moot abstaining. Page 4 04/20/99 ORAL COMMUNICATIONS Thomas Gibson, 1025 Broadway #32, stated that the Grand Jury is reviewing his request to investigate the signed oaths of office of City officials. Rebecca Arreola, 1111 Bay Blvd #E, Economic Development Department, and Jan Vaclt, 4521 Newport, San Diego, Sweetwater Union High School District, informed the Council of the May 22, 1999 Job Fair to provide jobs for youth and Welfare-to-Work recipients. Carolyn Butler, 97 Bishop Street, inquired about the final development reports for Otay Ranch. Mayor Horton stated that Mr. Leiter could help her with the information. PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 15. PUBLIC HEARING ON CONSIDERING AMENDMENT TO THE MASTER FEE SCHEDULE TO ADJUST EXI STING ANIMAL CONTROL FEES AND ADD NEW FEES Staff recommendation: The public hearing be continued to May 4, 1999. (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 public hearing and asked if anyone from the audience wished to speak. There was no response. ACTION: Councilmember Padilia moved to continue the hearing to May 4, 1999. Councilmember Davis seconded the motion, and it carried 5-0. 16. PUBLIC HEARING ON PCM 95-0 IB, AN APPLICATION TO AMEND THE OTAY RANCH SPA ONE PUBLIC FACILlTIES FINANCING PLAN (PFFP) TO AMEND THE SECURITY THRESHOLD FOR OLYMPIC PARKWAY CONSTRUCTION AND AMEND THE PFFP FOR PHASE 7 OF VILLAGE ONE AND VILLAGE ONE WEST AREA (CONTiNUED FROM APRIL 13, 1999) RESOLUTION 19408, AMENDING THE OTAY RANCH SECTIONAL PLANNING AREA PLAN PUBLIC FACILITIES FiNANCE PLAN On June 4, 1996, the Otay Ranch SPA One Public Facilities Finance Plan (PFFP) was adopted by Council as part of the SPA One Plan for Villages One and Five. The SPA One PFFP established thresholds for public improvements serving these two villages, including Olympic Parkway. In order to expedite the improvements of OIympic Parkway, a financing plan with security for construction has been negotiated with the Otay Ranch Company and McMillin Companies. An amendment to the SPA One PFFP has been proposed to establish security Page 5 04/20/99 PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES (Continued) thresholds so that Otay and McMillin can equitably share in the number of units as the Olympic Parkway thresholds are achieved. In addition, on February 16, 1999, Council approved an amendment to the Otay Ranch SPA One Plan for the Village One Core - Phase Seven (Purple Phase), and the area of Village One west of Paseo Ranchero (Village One West). The amendment to the SPA One PFFP for these areas was consolidated with the Olympic Parkway amendment in order to bring one amended PFFP forward for Council approval. Staff recommendation: Council adopt the resolution. (Director of Planning and Building) Item #16 was considered in conjunction with Item #18, which was taken out of agenda order. 18. RESOLUTION 19410, APPROVING AN AGREEMENT FOR THE FINANCING AND CONSTRUCTION OF OLYMPIC PARKWAY PHASE I, II, AND III WITH MCMILLIN OTAY RANCH LLC AND OTAY RANCH PROJECT LLC (CONTINUED FROM APRIL 13, 1999) The purpose of this item is to outline a financial plan for Olympic Parkway Phases I, II, and III, which extends from Brandywine Avenue to SR-125. The goal is to outline the project costs and how they apply to each party, to establish time frame milestones for the various work components such as grading, channel and roadway construction, to establish financial guarantees to secure the work, to decide how the work will be paid for and by whom, and to construct the road when needed; and in addition, and equally important, to make sure that development does not outpace the road construction or result in an unacceptable level of service on Telegraph Canyon/Otay Lakes Road. Staff recommendation: Council adopt the resolution. (Deputy City Manager and Director of Public Works) Items #16 and #18 were considered jointly. Councilmember Moot stated that he was precluded from voting on Items # 16, # 18, and #19; and he left the Chambers during discussion of these items. 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. Councilmember Salas asked about the difference in cash contributions for Otay Ranch and McMillin. She stated that Otay Ranch is required to secure its obligation under a deed of trust for $17 million and asked if the city was taking the deed of trust in lieu of the cash amount due to the City in the year 2000. Senior Assistant City Attorney Moore responded that the deed of trust is being taken by the City as security to assure that Otay Ranch pays its cash contribution. Councilmember Salas asked why the City was not requiring the same of McMilIin. Ms, Moore replied that McMillin has already Page 6 04/20/99 PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES (Continued) designated $4.7 million towards the Olympic Parkway from its community facilities district, and Otay Ranch has not yet formed its community facilities district. Councilmember Davis asked if this was a first trust deed. Senior Assistant City Attorney Moore responded affirmatively. Councilmember Davis questioned the date for payment of the funds. Ms. Moore indicated that McMillin's cash contribution for Phases I & 2 is due on August 31, 1999 and the Phase 3 contribution is due on October 1, 2000. The cash contribution for Otay Ranch is due by January 1, 2000. Mayor Horton asked if anyone in the audience wished to speak. Carolyn Butler, 97 Bishop Street, stated that United Mortgage Company has asked to view her deed of trust for her property, and she expressed concern that sites next to the easement are being sued. Joan Wisser, 834 Lori Lane, expressed concern that without SR 125, the roads will not handle the additional traffic caused by the new housing developments. There being no further comments, Mayor Horton closed the public hearing. City Manager Rowlands thanked Senior Assistant City Attorney Moore for her excellent work on the agreement; and the developers and staff for their cooperative efforts, as well. Councilmember Padilia extended his thanks to Senior Assistant City Attorney Moore for her efforts on this complex and difficult agreement. He stated that the City's needs are being well met and offered congratulations on a job well done to all parties involved. Mayor Horton praised the joint effort of the developers and staff She recognized City Manager Rowlands for his strong leadership in advancing this project. ACTION: Councilmember Padilia offered Resolutions # 19408 and # 19410, headings read, texts waived. The motion carried 4-0-1, with Councilmember Moot abstaining. ACTION ITEMS 17. RESOLUTION 19443, DECLARING CITY'S INTENTION TO INCREASE SEWER SERVICE CHARGES AND SETTING A PUBLIC HEARING ON CONSIDERATION OF AN INCREASE IN SEWER SERVICE CHARGES FOR JUNE 8, 1999 AT 6:00 P.M. The City's last sewer service rate increase was passed on August 5, 1997. Annual expenditures have increased from $13.65 million in fiscal year 1997/98 to an estimated $14.29 million in fiscal year 1998/99. Expenditures are projected to exceed revenues by a total of approximately $3.57 million between fiscal years 1999/00 and 2001/02. In order to continue to meet expenses related to the construction and operation of the sewage transportation and treatment system, the sewer service rates must be increased. Staff recommendation: Council adopt the resolntion. (Director of Public Works) Page 7 04/20/99 ACTION ITEMS (Continued) Staff commented that the proposal is for three increases of six percent each, rather than a major increase in two years. Councilmember Moot commented that background information should be provided to the public regarding the need to raise the sewer rates. ACTION: Councilmember Padilia offered Resolution #19443, heading read, text waived. The motion carried 5-0. 19.A. RESOLUTION 19411, APPROVING A FINAL "B" MAP FOR TRACT NUMBER 99-02, MCMILLIN OTAY RANCH SPA ONE, R-46, ACCEPTING ON BEHALF OF THE CITY THE EASEMENTS GRANTED ON SAID MAP WITHIN SAID SUBDIVISION, ACKNOWLEDGING ON BEHALF OF THE PUBLIC THE IRREVOCABLE OFFER OF GRANT OF FEE INTEREST OF LOTS FOR OPEN SPACE AND OTHER PUBLIC PURPOSES ON SAID MAP WITHIN SAID SUBDIVISION, AND APPROV1NG SUBDIVISION IMPROVEMENT AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS REQUIRED BY SAID SUBDIVISION, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT (CONTINUED FROM APRIL 13, 1999) RESOLUTION 19412, APPROV1NG SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT NUMBER 99-02, OTAY RANCH, R-46, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT This item is to consider the approval of Final "B" Map, Subdivision Improvement Agreement, and Supplemental Subdivision Improvement Agreement for Otay Ranch R-46 (CVT 97-02). The project consists of 117 condo units and is known by the marketing name of Capri by Cornerstone. R-46 is located at the northeast corner of La Media Road and East Palomar Street. Staff recommendation: Council adopt the resolutions. (Director of Public Works) ACTION: Mayor Horton offered Resolution #19411 and Resolution #19412, headings read, texts waived. The motion carried 4-0-I, with Councilmember Moot abstaining. 20.A. RESOLUTION 19435, APPROVING FINAL MAPS OF TRACT NUMBER 96-04, OTAY RANCH, VILLAGE ONE, NEIGHBORHOODS R-6, R-9, AND R-14 ACCEPTING ON BEHALF OF THE CITY GENERAL UTILITY AND ACCESS EASEMENTS, AND WALL EASEMENTS GRANTED ON SAID MAPS WITHIN SAID SUBDIVISIONS, REJECTING AN IRREVOCABLE OFFER OF DEDICATION FOR STREET AND OTHER PUBLIC PURPOSES AND APPROV1NG THE SUBDIVISION IMPROVEMENT AGREEMENTS FOR THE COMPLETION OF IMPROVEMENTS REQUIRED BY SAID SUBDIVISIONS, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENTS (CONTINUED FROM APRIL 13, 1999) RESOLUTION 19436, APPROVING SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENTS FOR THE FINAL MAPS OF TRACT 96-04, OTAY RANCH, VILLAGE ONE, NEIGHBORHOODS R-6, R-9, AND R-14 AND AUTHORIZING THE MAYOR TO EXT, CUTE SAID AGREEMENTS Page 8 04/20/99 ACTION ITEMS (Continued) The tentative map for Otay Ranch, Village One, and a portion of Village Five (CVT 96-04) was approved by Council on November 19, 1996. Council will consider the approval of three Final "B" Maps within Village One, together with the associated agreements for the "B' Maps. Staff recommendation: Council adopt the resolutions. (Director of Public Works) ACTION: Mayor Horton offered Resolution #19435 and Resolution #19436, headings read, texts waived. The motion carried 4-0, with Councilmember Moot absent from the dias. OTHER BUSINESS 21. CITY MANAGER'S REPORTS There were none. 22. MAYOR'S REPORTS Mayor Horton acknowledged the fine work of the Police Department and its aggressive program to curb underage purchases of alcoholic beverages. She mentioned that she and Vice Mayor Salas met with the Mayor of Tijuana, who also intends to aggressively enforce regulations to curb underage drinking. She felt it was important to let the public know that Mexican authorities will be checking identifications at the border and will turn away young people under the legal drinking age. Mayor Horton commended Councilmember Moot for his leadership on the San Diego Regional Power Pool and the offering of the Green Power option with the Commonwealth Energy Corporation. 23. COUNCIL COMMENTS Councilmember Moot thanked Mayor Hotton but he wanted to acknowledge that for over ten years the City of Chula Vista has been involved in the issues of what local government can do to improve the environment. At 7:28 p.m., Mayor Horton recessed the meeting to Closed Session. CLOSED SESSIONS 24. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(A): Page 9 04/20/99 CLOSED SESSIONS (Continued) B. C. D. E. F. Graceffa v. City of Chula Vista Lopez v. City of Chula Vista Alverez v. City of Chula Vista Bernard v. City of Chula Vista Cowan v. City of Chula Vista Fritsch v. City of Chula Vista. These items were not discussed. 25. CONFERENCE WITH LABOR NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 54957.6: POA Negotiations. No action was taken. 26. CONFERENCE WITH REAL PROPERTY NEGOTIATOR PURSUANT GOVERNMENT CODE SECTION 54956.8: Property: 428 F Street (5 parcels totaling 1.6 acres): 568-181-34 0.24 acres, 568-181-35 0.2 acres, 568-181-36 0.23 acres, 568-181-37 0.25 acres, and 568-181-41 0.69 acres Negotiating Parties: Under Negotiation: TO City of Chula Vista (Sid Morris, Chris Salomone) and Security Title Insurance Company as Trustee of its Trust No. P.T. 1452. Purchase terms and conditions No action was taken. ADJOURNMENT At 8:10 p.m., Mayor Horton adjourned the meeting. Respectfhlly submitted, Susan Mitchell, Deputy City Clerk Page 10 04/20/99