HomeMy WebLinkAboutcc min 1999/03/02 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF CHULA VISTA, CALIFORNIA
MARCH 2, 1999 4:00 P.M.
CALL TO ORDER
A Regular Meeting of the City Council of the City of Chula Vista was called to order at 4:10 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 Padilla
ALSO PRESENT: City Manager Rowlands, City Attorney Kaheny, City Clerk Bigelow
PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE
APPROVAL OF MINUTES of January 26, February 2, February 9, and February 16, 1999
(Regular Meetings of the City Council); and January 19, February 2, and February 9, 1999
(Joint Meetings of the Redevelopment Agency and City Council).
ACTION:
Councilmember Salas moved to approve the minutes, with the minutes of January 26
and February 16, 1999 amended to clarify her comments; and noting that she would
abstain from voting on the minutes of February 2, 1999, since she was not present at
that meeting. The motion carried 4-0, except with regard to the minutes of January
26 and February 16, 1999, which were approved 3-0-1, with Councilmember Salas
abstaining.
SPECIAL ORDERS OF THE DAY
A. Employee Recognition Award of the Month
Terry Strauwald of the Department of Public Works, Construction Repair Division, received a
proclamation from Mayor Horton.
CONSENT CALENDAR
(Items 5 through 11)
Mrs. Carolyn Butler, 97 Bishop Street, Chula Vista, asked that Items #7 through #11 be removed
from the Consent Calendar for separate consideration.
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 February 16 and February 24, 1999,
there were no actions taken which are required under the Brown Act to be reported.
Staff recommendation: The letter be received and filed.
ORDINANCE 2774, ADDING SECTIONS 5.28.020 THROUGH 5.28.080 TO CHAPTER
5.28 OF THE MUNICIPAL CODE RELATED TO TRIGGER LOCK AND SAFE
FIREARM STORAGE (SECOND READING AND ADOPTION)
The San Diego Region has experienced accidental shootings which have resulted in injury and
death for a number of our young children. Adequate locking and storage of firearms can
eliminate some of these tragic accidents. California Penal Code Section 13035 governs safe
firearm storage. However, it does not provide a method or direction for firearm owners to
obtain safety devices upon the purchase of a firearm. Adding an effective safe firearm storage
requirement to the Municipal Code prevents the possibility of these tragedies from occurring
by requiring firearm dealers to provide safe storage devices with a firearm purchase.
Staff recommendation: Council place the ordinance on second reading for adoption. (Chief
of Police)
ACTION:
Mayor Horton o~i~red Consent Calendar Items #5 and #6, headings read, texts
waived, and approval of staff recommendations. The motion carried 4-0.
Mrs. Carolyn Butler, 97 Bishop Street, Chula Vista, discussed 7, 8, 9, 10, and 11, expressing
disapproval of gated communities because they restrict public access. She stated that no taxpayer
monies should be used to develop sewers, sidewalks, or roads in gated community developments.
ORDINANCE 2775, APPROVING THE OTAY RANCH AMENDED SECTIONAL
PLANNING AREA ONE PLANNED COMMUNITY DISTRICT REGULATIONS
(SECOND READING AND ADOPTION)
The Otay Ranch Company has applied to amend 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 SPA One amendment implements the recently approved
Otay Ranch General Development Plan Amendments for Village One and Village One West,
The Village One Core area is 95 acres, expands the development area in Phase Seven (Purple
Phase) consistent with the General Development Plan amendment, and modifies the design
of the "Main Street" concept. The Village One West amendment adds approximately 296.5
total developable acres and corresponding increase in the number of units in the area west of
Paseo Ranchero.
Staff recommendation: Council place the ordinance on second reading for adoption.
(Director of Planning and Building)
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CONSENT CALENDAR (Continued)
RESOLUTION 19381, INITIATING PROCEEDINGS FOR FORMATION OF A
REIMBURSEMENT DISTRICT FOR THE PROCTOR VALLEY TRUNK SEWER AND
CALLING A PUBLIC HEARING FOR APRIL 13, 1999 AT 6:00 P.M. TO ESTABLISH
THE DISTRICT
In July 1992, The Baldwin Company, the developers of the Salt Creek I development,
completed the installation of approximately 9,800 feet of sewer line in Proctor Valley Road.
This sewer facility was oversized to provide sewer capacity for all properties located within
the Proctor Valley gravity basin. Chapter 15.50 of the Municipal Code and Section 66485
of the Subdivision Map Act provide for the formation of reimbursement districts for
reimbursement for the construction of a facility which provides capacity exceeding the
development's needs. Due to ownership changes, the reimbursement district was not
established at that time. In November of 1998, a reimbursement fee study was submitted by
Wilson Engineering, engineering consultant for the current owners, Pacific Bay Homes.
Staff recommendation: Council adopt the resolution. (Director of Public Works)
RESOLUTION 19382, APPROVING THE SUBMITTAL TO SANDAG OF THREE
APPLICATIONS FOR THE FISCAL YEAR 1999/2000 2% NON-MOTORIZED
TRANSPORTATION DEVELOPMENT ACT (TDA) AND TRANSPORTATION SALES
TAX (TRANSNET) FUNDS
The City annually submits an updated list of projects for inclusion in the seven-year
implementation program of the non-motorized element of the Regional Transportation
Improvement Program. SANDAG regulations require that official applications be submitted
to SANDAG in order for projects to be considered by its Board of Directors for funding. In
order for the application to be official, Council must approve a resolution authorizing
submittal of the fiscal year 1999/2000 Bicycle Project applications for available
Transportation Development Act and Transportation Sales Tax funds. Both funding sources
form a single fund, with annual allocations totaling $2.5 million for the San Diego region.
Projects are chosen and then approved for funding after the applications have been evaluated
by SANDAG's Bicycle Facilities Committee.
Staffrecommendation: Council adopt the resolution. (Director of Public Works)
10.
RESOLUTION 19383, AMENDING THE FISCAL YEAR 1998/99 CAPITAL
IMPROVEMENT PROGRAM BY CHANGING THE TITLE OF GG-131 TO CITY
CORPORATION YARD CONSTRUCTION AND APPROPRIATING FUNDS FROM
THE AVAILABLE BALANCES IN THE SCOOT CAPITAL PROJECT FUND
($1,567,000) AND TRUNK SEWER CAPITAL RESERVE FUND ($3,083,000) TO GG-
131 FOR THE PURCHASE OF PROPERTY AND EXISTING FACILITIES FROM SAN
DIEGO GAS AND ELECTRIC (4/5TH'S VOTE REQUIRED)
On September 15, 1998, Council approved an agreement with San Diego Gas and Electric
Company for the City's purchase of the South Bay Service Center located at 1800 Maxwell
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CONSENT CALENDAR (Continued)
Road. Staff indicated that they would return to Council for an appropriation when the escrow
costs and other financing information were known. As escrow is ready to close and funds are
necessary to pay for the South Bay Service Center, staff is returning as previously indicated
for an appropriation of the necessary funds.
Staff recommendation: Council adopt the resolution. (Director of Public Works)
11.
REPORT AUTHORIZING ISSUANCE OF A REQUEST FOR PROPOSAL (RFP) FOR
LEASE OF EXCESS PROPERTY ON THE ANIMAL SHELTER SITE
Council approved a contract with a consulting architect for design of a new animal shelter in
south Chula Vista on October 6, 1998. Design of the new facility, located at Beyer Way and
Fourth Avenue, is nearing completion, and construction is expected to begin later this year.
The shelter, kennels and related parking and service areas will occupy approximately 70% of
the 2.84 acre site. The remainder of the site will remain vacant until it is needed for expansion
of facilities. Council is requested to authorize the issuance of a Request for Proposals to
determine if there are any businesses willing to lease, develop and operate compatible uses
on the excess portion of the site until it is needed for expansion.
Staff recommendation: Council accept the report and authorize staff to issue a Request for
Proposals to determine interest in leasing, developing and operating compatible businesses
on the excess portion of the animal shelter site on an interim basis. (Chief of Police)
ACTION:
Councilmember Moot offered the balance of the Consent Calendar, Items 7 through
11, headings read, texts waived, and approval of staff recommendations. The motion
carried 4-0.
ORAL COMMUNICATIONS
Mr. Walter Dowdy, 701 P Street, Chula Vista, spoke in opposition to the trigger lock ordinance,
stating that forcing him to purchase something he does not want is another form of taxation.
Mrs. Carolyn Butler, 97 Bishop Street, Chula Vista, expressed concern about future traffic in the
Palomar/Telegraph Canyon area.
Mr. Hans Bush, 80 H Street, Chula Vista, stated that he had submitted a petition to the City a month
ago requesting that actions be taken to ease the traffic congestion around H Street. Mayor Hotton
stated that staff would check on the status of his request and then contact him.
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PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
12.
PUBLIC HEARING TO CONSIDER PCM 95-01B, AMENDING THE OTAY RANCH
SPA ONE PUBLIC FACILITIES FINANCING PLAN TO EXPEDITE OLYMPIC
PARKWAY CONSTRUCTION (CONTINUED FROM FEBRUARY 16, 1999)
This is a proposal to amend the Otay Ranch SPA One Public Facilities Financing Plan,
changing the implementation threshold for Paseo Ranchero and Olympic Parkway.
Staff recommendation: The public hearing be continued to the meeting of March 16, 1999.
(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 and asked if anyone from the audience wished to speak.
Mrs. Carolyn Butler, 97 Bishop Street, Chula Vista, spoke on behalf of Mrs. Wesin, 834 Lori Lane,
Chula Vista, concerning the adverse impact on Olympic Parkway of traffic caused by future
developments. She suggested that developers carefully consider where streets are placed, and that
the City maintain and monitor volume and speed on those streets.
ACTION:
There being no further comments, Mayor Hotton moved to continue this item to
March 16, 1999. Councilmember Moot seconded the motion, and it carried 4-0.
ACTION ITEMS
13.
RESOLUTION 19384, APPROPRIATING $40,000 FROM THE AVAILABLE FUND
BALANCE IN THE SEWERAGE FACILITIES REPLACEMENT FUND FOR A MINOR
SEWER REPLACEMENT PROJECT ON RIVER ASH DRIVE IN THE VICINITY OF
GOLD OAK COURT (4/STH'S VOTE REQUIRED)
On May 26, 1998, Council approved the Tentative Subdivision Map for Tract 98-07, Bella
Navona. The Final Map, Subdivision Improvement Agreement, and Supplemental
Subdivision Improvement Agreement were approved on October 13, 1998. During
construction of the off-site sewer facilities for the subdivision, it was discovered that a portion
of the existing sewer line is not acceptable for future maintenance purposes and must be
replaced. The City's Engineering Division concluded that the existing sewer line must be
corrected to a satisfactory condition in order to prevent any future maintenance problems.
Staff recommendation: Council adopt the resolution. (Director of Public Works)
ACTION:
Councilmember Moot offered Resolution No. 19384, heading read, text waived. The
motion carried 4-0.
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OTHER BUSINESS
14. CITY MANAGER'S REPORTS
City Manager Rowlands suggested that the City Council meeting of March 9, 1999 be canceled due
to the lack of agenda items.
15. MAYOR' S REPORTS
ACTION:
Mayor Horton moved to ratify the appointment of Samuel G. Avalos to the Human
Relations Commission to fill the vacancy created by the resignation of Commissioner
Jimenez, whose term will expire on June 30, 2000. Councilmember Davis seconded
the motion, and it carried 4-0.
16. COUNCIL COMMENTS
Councilmember Moot commented that he and Mayor Hotton attended the first meeting of the Joint
Governmental Task Force, the mission of which is to coordinate issues that cross governmental
boundaries between the City, Sweetwater Union High School District, and the Chula Vista
Elementary School District. Meetings will be held on the first Monday of each month, and
Councilmember Moot encouraged the public to attend.
Councilmember Salas shared her experience of reading at two elementary schools in celebration of
Dr. Seuss' birthday with the Read Across America Day program.
ACTION:
Councilmember Davis moved to ratify the appointment of Barbara Worth to the
Mobilehome Rent Review Commission to fill the vacancy created by the resignation
of Commissioner Smith, whose term expires June 30, 2002. Mayor Horton seconded
the motion, and it carried 4-0.
At 4:43 p.m. Mayor Horton noted that the meeting of March 9, 1999 was canceled, and she then
recessed the meeting to Closed Session and thence to the Regular Meeting of March 16, 1999, at
6:00 p.m. in the Council Chambers.
CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION
PURSUANT TO GOVERNMENT CODE SECTION 54956.9(A)
A. City of Chula Vista v. Federal Home Loan Corporation.
Workers Compensation Claim Numbers 1090123; CH930090; CH950009;
CH950140.
Instructions were given to legal counsel.
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CLOSED SESSION (Continued)
2. REPORT OF ACTIONS TAKEN IN CLOSED SESSION
There was none.
ADJOURNMENT
At 5:20 p.m., Mayor Horton adjourned the meeting.
Respectfully submitted,
Susan Bigelow, CMC/AAE, City Clerk
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