HomeMy WebLinkAboutcc min 1999/03/16 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA
MARCH 16, 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 6:05 p.m.
in the Council Chambers located in the Public Services Building, 276 Fourth Avenue, Chula Vista,
California.
1.
ROLL CALL:
PRESENT:
ABSENT:
Councilmembers Davis, Moot, Salas, and Mayor Horton. Councilmember
Padilia arrived at 6:08 pm
None
ALSO PRESENT: City Manager Rowlands, City Attorney Kaheny, City Clerk Bigelow
2. PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE
3. APPROVAL OF MINUTES of March 2, 1999
ACTION: Councihnember Salas moved to approved the minutes of March 2, 1999.
Councihnember Davis seconded the motion, and it carried 4-1, with
Councilmember Padilla not yet present
4. SPECIAL ORDERS OF THE DAY
A. City Clerk Bigelow administered the Oath of Office to Barbara Worth for the
Mobilehome Rent Review Commission and to Samuel G. Avalos for the Human
Relations Commission. Councihnember Salas presented certificates of appointment
to the new members.
CONSENT CALENDAR
(Items 5 through 13)
Councilmember Salas asked that Item #9 be removed fi-om the Consent Calendar for separate
consideration. City Attorney Kaheny asked that Item #7 be continued to April 13, 1999.
5. WRITTEN COMMUNICATIONS
A. Letter [?om the City Attorney stating that to the best of his knowledge from
observance of actions taken in Closed Session on March 2, 1999 there were no
actions taken which are required under the Brown Act to be reported.
Staff recommendation: The letter be received and filed.
CONSENT CALENDAR(Continued)
B. Letter from Thomas Mooney requesting that the first twenty feet of Manzanita Street
curbing be painted red to prohibit parking.
Staff recommendation: The letter be received and filed.
C. Letter froln F. Ben Eberle requesting Business License fees be waived for the "Taste
of the Arts" festival scheduled for April 10, 1999.
Staff recommendation: The business license fee be waived for this one-day event.
D. Letter of resignation ti'om the Cultural Arts Commission - Brent A. Curd
Staff recommendation: The resignation be accepted with regret and the City Clerk be
directed to post immediately according to the Maddy Act requirements in the Clerk's
Office and the Public Library.
6. ORDINANCE 2776, ESTABLISHING CHAPTER 2.02 OF THE MUNICIPAL CODE
RELATING TO CONFLICT OF INTEREST (FIRST READING)
It is requested that Council adopt the proposed ordinance implementing a conflict of interest
code for the City as required by the Political Retbrm Act (Government Code section 87000
et seq.).
Staff recommendation: Council place the ordinance on first reading. (City Attorney)
7. RESOLUTION 19385, ADOPTING PROPOSED COUNCIL POLICY ON USE OF CITY
OF CHULA VISTA DISCLOSURE FORM
Council recently voted to amend Municipal Code Section 2.52.040, redefining the term
"contribution." During that discussion reference was made to the "City of Chula Vista
Disclosure Statement" form. This is a form the applicant or contractor for a project
completes prior to any discretionary action being taken on their project. The Attorney's
Office was requested to review the form and return to Council with a revised form
incorporating the recent changes to tile City's definition of campaign contribution.
Staff recommendation: Council continue this item to April 13, 1999. (City Attorney)
8.A. RESOLUTION 19386, AMENDING THE FISCAL YEAR 1998/99 BUDGET ADDING
2.5 POSITIONS AND $1 I 1,915 TO THE HUMAN RESOURCES DEPARTMENT AND
$12, 350 TO THE CITY ATTORNEY'S DEPARTMENT, BASED ON UNANTICIPATED
REIMBURSEMENT REVENUE FROM THE TRANSIT, REDEVELOPMENT AGENCY,
AND STORM DRAIN FUNDS (4/5TH'S VOTE REQUIRED)
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CONSENT CALENDAR(Continued)
RESOLUTION 19387, AMENDING THE F1SCAL YEAR 1998/99 PUBLIC FACILITIES
DEVELOPMENT IMPACT FEE BUDGET-CIVIC CENTER COMPONENT TO ADD
$18,800 FOR EQUIPMENT AND FURNISHINGS FOR THE NEW STAFF (4/5TH'S
VOTE REQUIRED)
The City's Risk Management Division handles liability, safety, workers' compensation and
employee benefit issues. As discussed in this report, the division has been understafli~d over
an extended period oftilne. At current staffing levels, the division is unable to provide the
level of staff review necessary to minimize the City' s risk exposure on a myriad of liability,
insurance and safety issues, or to provide adequate customer service on workers'
compensation and benefit issues. It is important to note that all of the proposed budget
increases for the current year (and for future years) are expected to be offset by projected
revenue enhancements, increased General Fund reimbursements, and budget adjustments.
Staff recommendation: Council adopt the resolutions. (Special Projects Manager and
Director of Human Resoorces)
10.
RESOLUTION 19389, GRANTING AUTHORITY FOR SETTLEMENT OF CLAIMS
ARISING OUT OF THE FEBRUARY 6, 1998 SINK HOLE ON MALTA AVENUE AND
APPROPRIATING FUNDS THEREFOR (4/5TH'S VOTE REQUIRED)
This action will increase the settlement authorization previously granted for property damage
claims arising out of the February 6, 1998, sink hole on Malta Avenue and will appropriate
funds for their resoIution.
Staffrecommendation: Council adopt the resolution (Directorof Human Resources)
11.
RESOLUTION 19390, APPROVING THE RECLASSIFICATION OF ONE FIRE
ENGINEER POSITION TO A FIRE CAPTAIN TO AUGMENT THE TRAINING
DIVISION AND PROVIDE SUPPORT TO THE COMMUNICATIONS CENTER
Human Resources staff has evaluated the Fire Department's Training Division resulting in the
aforementioned recommendation. The impetus forthe recommendation is a combination of
a variety of factors: Computer Aided Dispatch, Mobile Data Computers, 800 Mhz radio
communications, increased workload in the Training Division, and reassignment of the
Principal Management Assistant to the Nature Center
Staff recommendation: Council adopt the resolution (Director of Human Resources)
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CONSENT CALENDAR(Continued)
12. A.
RESOLUTION 19391, APPROVING FINAL MAPS OF TRACT NUMBER 92-02, SALT
CREEK RANCH, NEIGHBORHOOD 2, UNITS 6 THROUGH 10, ACCEPTING ON
BEHALF OF THE CITY PUBLIC STREETS AND EASEMENTS GRANTED ON SAID
MAPS WITHIN SAID SUBDIVISIONS, ACKNOWLEDGING ON BEHALF OF THE
CITY ALL OPEN SPACE LOTS OFFERED ON SAID MAPS WITHIN SAID
SUBDIVISIONS, AND APPROV1NG SUBDIVISION IMPROVEMENT AGREEMENTS
FOR THE COMPLETION OF IMPROVEMENTS REQUIRED BY SAID
SUBDIVISIONS, AND AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENTS
RESOLUTION 19392, APPROVING SUPPLEMENTAL SUBDIVISION
IMPROVEMENT AGREEMENT FOR TRACT NUMBER 92-02, SALT CREEK RANCH,
NEIGHBORHOOD 2, UNITS 6 THROUGH 10, AND AUTHORIZINGTHEMAYORTO
EXECUTE SAID AGREEMENT
On October 6, 1992, Council approved the Tentative Subdivision Map fbr Tract 92-02, Salt
Creek Ranch. On that tentative map, neighborhood boundaries were delineated. The Final
Maps, Subdivision Improvement Agreements, and Supplemental Subdivision Improvement
Agreement Ii3r Neighborhood 2, Units 6 through 10, are now before Council for
consideration and approval.
Staff recommendation: Council adopt the resoh~tions. (Director of Public Works)
13.A.
RESOLUTION 19393, APPROV1NG RESTATEMENT OF SUBDIVISION
IMPROVEMENT AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS
REQUIRED BY EASTLAKE SOUTH GREENS, UNIT 16 AND AUTHORIZING THE
MAYOR TO EXECUTE SAID AGREEMENT
RESOLUTION 19394, APPROVING RESTATEMENT OF SUBDIVISION
IMPROVEMENT AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS
REQUIRED BY EASTLAKE SOUTH GREENS, UNIT 10 AND AUTHORIZING THE
MAYOR TO EXECUTE SAID AGREEMENT
RESOLUTION 19395, APPROVING RESTATEMENT OF SUBDIVISION
IMPROVEMENT AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS
REQUIRED BY BALDWIN COMPANIES, NEIGHBORHOOD 3, UNIT 7 AND
AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
ACTION:
Mayor Horton offered Consent Calendar Items #5 through #8 and #10 through #13,
with Item #7 continued to April 13, 1999, and Item #9 removed for separate
consideration. The motion carried 5-0,
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CONSENT CALENDAR(Continued)
RESOLUTION 19388, WAIVING THE CONSULTANT SELECTION PROCESS AS
IMPRACTICAL AND APPROVING AGREEMENTS WITH THE BOND COUNSEL FIRIVI
OF BROWN, DIVEN, HESSELL & BREWER LLP, THE INVESTMENT BANKING FIRM
OF STONE & YOUNGBERG LLC, AND THE FINANCIAL ADVISORY FIRM OF
FIELDMAN, ROLAPP & ASSOCIATES TO CONTINUE TO PROVIDE SPECIALIZED
PROFESSIONAL SERVICES RELATED TO INFRASTRUCTURE FINANCING DISTRICTS
WITHIN THE OTAY RANCH TERRITORY, AND AUTHORIZING THE MAYOR TO
EXECUTE SAID AGREEMENTS
A primary source of financing for development related infrastructure, such as roads, sidewalks,
drainage, etc., has been borrowing through file use of various types of financing districts. The
complicated legal requirements and financial strategies for the formation of such districts and
completion of the long term borrowing through bond issuance have necessitated the use of a team
of consultants, including as a core, Bond Counsel, Underwriters, and Financial Advisory firms.
Staff recommendation: Council adopt the resolution. (Director of Finance and Director of
Public Works)
Councilmember Salas expressed her concern about waving the consultant selection process on all
future infrastructure financing districts for Otay Ranch. She asked about the number of different
infrastructure financing districts to be created and over what period of time, and why these particular
firms were chosen. Finance Director Powell responded that due to the multiple ownerships in Otay
Ranch, there will be two to five more financing districts within the next five years; and these firms
were selected because of their extensive knowledge on the complex issues of the Otay Ranch
development. In addition, each contract has a thirty day cancellation clause He also mentioned that
in June 1998, the City engaged in a selection process ti3r the Financial Advisory contract, and
Fieldman, Rolapp was tile lowest bidder and tile most highly rated
Councilmember Salas stated that since there is a thirty-day notice of termination for these firms, she
felt comfortable with the staff recommendation She also noted that since these contracts generate
tremendous earnings, she hoped these firms would become good corporate citizens in the City of
Chula Vista, and she wanted tile public to be aware that other firms were not excluded and due
diligence was used to retain the competitive bid process.
Councilmember Moot commented that Chula Vista' s policy is to have new development pay for itself,
and it is important to contract with the best firms to insure that the financing works.
ACTION:
Councihnember Salas then offered Resolution 19388, heading read, text waived. The
motion carried 5-0.
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ORAL COMMUNICATIONS
Mrs. Carolyn Butler, 97 Bishop Street, Chula Vista expressed her disapproval of the gated entrances
proposed for the Otay Ranch development. Gated entrances would not allow access by public transit,
and with the narrow roads in gated communities, it would be difficult to accommodate emergency
vehicles.
14.
PUBLIC HEARING PCC-99-26 REQUEST TO CONSTRUCT, OPERATE AND
MAINTAIN FIVE 75 FOOT HIGH MONOPOLE TYPE AM TRANSMISSION
ANTENNA ON PROPERTY OWNED BY THE OTAY WATER DISTRICT ADJACENT
TO VILLAGE FIVE OF THE OTAY RANCH - APPLICANT: PACIFIC SPANISH
NETWORK, INC., A.K.A. KURS 1040 AM, SAN DIEGO
The Applicant is proposing to construct, operate and maintain five 75 foot high monopole
type AM transmission antennas on 6.34 acres of a larger 11 acre site which is owned by the
Otay Water District. The site is located approxinqately 2,600 feet south of Otay Lakes Road
and 2,I00 feet southwest of EastLake High School. The site is surrounded by Village Five
in the Otay Ranch on the north, south and west. Rather than constructing the traditional
lattice tower normally associated with AM radio transmission, the Applicant will be utilizing
a newer technology that uses large monopole/whip type antenna.
Staffrecomlnendation: The public hearing be continued to March 23, 1999. (Director of
Planning and Building)
ACTION:
Mayor Hotton moved and Councihnember Padilia seconded a motion to continue the
public hearing to March 23, 1999, as recommended by staff It was approved 5-0.
15.
PUBLIC HEARING PCM 95-01B AMENDING THE OTAY RANCH SPA ONE PUBLIC
FACILITIES FINANCING PLAN TO EXPEDITE OLYMPIC PARKWAY
CONSTRUCTION (CONTINUED FROM MARCH 2, 1999)
This is a proposal to amend tile Otay Ranch SPA One Public Facilities Financing Plan,
changing the implementation threshold for Paseo Ranchero and Olympic Parkway.
Staff recommendatiSn: TIle public hearing be continued to March 23, 1999. (Director of
Planning and Building)
ACTION:
Mayor HoIlon moved to continue the hearing to March 23, 1999, as recommended
by staff' Councihnember Davis seconded the motion, and it carried 5-0.
OTHER BUSINESS
16. CITY MANAGER' S REPORTS
City Manager Rowlands mentioned the Council/Planning Commission/GMOC meeting to be
held on Monday, March 29th al 6:00 pm He also asked the Council to save the evening of
Tuesday March 30th ill the event that a meeting is necessary to execute contracts relating to
the Olympic Parkway financing plan. He also noted that there will be no meeting on Tuesday,
April 6th due to the Easter break
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17. MAYOR"S REPORTS
Mayor Horton moved to ratify the appointment of James J. Monaghan to the Board of
Appeals and Advisors. Councihnember Davis seconded the motion, and it was approved 5-0.
18. COUNCIL COMMENTS
Councilmember Moot updated the Council on the Regional Power Pool and the opportunity for the
City to influence rates in the deregulated market. He also asked staff to come back with a report on
the possibility of implementing a Green Star Energy Program.
Councilmember Salas spoke regarding a recent meeting concerning the problem of drag racing in the
City and emphasized that the City must present a consistent message that speed kills. She stated that
the City needs to educate children in the schools and adults in the community on the tragic results
caused by drag racing and that she would oppose any proposal to create a drag racing area in Chula
Vista.
Mayor Horton mentioned an upcoming event at the Amphitheater which will educate young people
on the dangers of drinking and driving: a segment on responsible driving will also be included. She
also stated that former Councihnember Moore had spoken in the past about the possibility of working
with other South Bay cities to create a supervised area where drag racing would be allowed.
Councihnember Davis stated that sponsored and coiltrolled drag racing events across the country,
as well as some in San Diego County, have proven successtiff, and she would continue to explore the
idea which might be sponsored by associations snch as the National Association of High School Car
Clubs. She stated that these car clubs focus on safety education and provide an outlet for getting the
kids in a controlled area for drag racing.
Councilmember Padilia suggested a collaborative effort between the City and the high school district
to put safe driving educational programs into place where they will have an high impact on the
students.
At 7:00 p.m., Mayor Hotton recessed tile meeting to Closed Session.
CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION
PURSUANT TO GOVERNMENT CODE SECTION 54956,9(a)
A, Update on status of City of Chula Vista vs. Federal Home Loans Corp. Case Number
SB 632
No action was taken.
Page 7 03/16/99
2. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE
TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b)
A. Claim numbers 98-14-007 & 98-14-008 - Malta Avenue
Instructions were given to Counsel.
ADJOURNMENT
At 7:24 p.m., Mayor Hotton adjourned tbe meeting to the Regular Meeting of March 23, 1999, at
6:00 p.m. in the Council Chambers.
Respectfully submitted,
Susan Bigelow, CMC/AAE, City Clerk
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