HomeMy WebLinkAboutcc min 1999/08/17 MINUTES OF A REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF CHULA VISTA
August 17, 1999 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 the Council Chambers located in the Public Services Building, 276 Fourth Avenue, Chula Vista,
California.
CALL TO ORDER
1. ROLL CALL
PRESENT: Councilmembers Davis, Moot, Padilia, Salas, and Mayor Horton.
ABSENT: None
ALSO PRESENT: City Manager Rowlands, City Attorney Kaheny, City Clerk Bigelow
2. PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE
3. SPECIAL ORDERS OF THE DAY
A. Oath of Office:
Parks and Recreation Commission - Don Salcido;
Planning Commission - Marco Polo Cortez.
City Clerk Bigelow administered the oath of office to Messrs. Salcido and Cortez, and
Deputy Mayor Salas presented them with certificates of appointment.
B. Fran Larson, of the International Friendship Commission, will introduce cultural
exchange students from Odawara, Japan: Junichi Chiba, Megumi Komiya, Eriko
Horoguchi, and Hayato Takahashi.
Ms. Larson introduced the students and their host families; the students talked about their
visit to Chula Vista and pre~ented gifts to the Mayor and Council from Odawara.
C. Chris Salomone, Director of Community Development, will present an award to
Mayor Hotton which was given to the City by the Non-Profit Federation for
Housing and Community Development. The Federation held its 4th Annual
Awards Ceremony on July 23, 1999, to celebrate the accomplishments of the
organizations and individuals involved in Affordable Housing and Community
Development in San Diego County. At this event the Federation honored the
outstanding achievements and successes of non-profit organizations, individuals,
public agencies, and leaders in the region. The City received the award as the
Outstanding Local Government Supporter.
Community Development Director Salomone presented the award to the Mayor and
Council.
SPECIAL ORDERS OF THE DAY (Continued)
D. CONGRATULATING THE SAN DIEGO LATINO FILM FESTIVAL ON TF[E
OPENING OF THE FIRST ANNUAL CINE MEXICANO: MEXICAN FILM
SERIES
Mayor Hotton read the proclamation, and Deputy Mayor Salas presented it to Fred Salas, Co-
Director of the San Diego Latino Film Festival.
CONSENT CALENDAR
(Items 4 through 10)
4. WRITTEN COMMUNICATIONS
A. Letter fi'om the Office of the City Attorney stating that there were no actions taken
in Closed Session on August 10, 1999, which are required under the Brown Act to
be reported.
Staff recommendation: The letter be received and filed.
5. ORDINANCE 2794, ADDING CHAPTER 3.41 TO THE MUNICIPAL CODE RELATING
TO HOTELS AND MOTELS REQUIRING IDENTIFICATION FROM CUSTOMERS AS
A PREREQUISITE TO ROOM RENTAL AND LIMITING THE RENTAL PERIODS
(SECOND READING AND ADOPTION)
In order to assist police in reducing calls fi~r service at local hotels and motels, staff is
recommending an addition to the existing ordinance to require a valid government
identification from prospective customers. Research shows that this proposal causes very
little inconvenience and significantly reduces potential problems and associated calls for
service.
Staff recommendation: Council place the ordinance on second reading for adoption. (Chief
of Police)
6. RESOLUTION 19567, APPROVING A CHANGE TO THE MASTER FEE SCHEDULE
FOR THE LIBRARY AUDI0-VI S UAL OVERDUE CHARGE EFFECTIVE SEPTEMBER
1, 1999
The Library proposes reducing its overdue charge for videos from $3 per day per video to $1
per day per video. When the video collection was initiated in the early 1980's, the cost of
videos was very high. Therefore, the Library initially had a very small collection. The $3 per
item per day charge was intended to be an incentive to return items promptly so that the
maximum number of videos were available for patrons.
Staff recommendation: Council adopt the resolution. (Director of Library and Recreation)
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CONSENT CALENDAR (Continued)
7. RESOLUTION 19568, APPROVING THE ASSIGNMENT OF THE DEFERRED
COMPENSATION PLAN ADMINISTRATION AGREEMENT FROM GREAT
WESTERN BANK TO NATIONAL DEFERRED COMPENSATION, INC.
One of the two contract administrators of the City's Deferred Compensation Plan, Great
Western Bank, is requesting approval of an assignment of their rights and responsibilities
under the current Deferred Compensation Plan Administration Agreement to National
Deferred Compensation, Inc.
Staff recommendation: Council adopt the resolution. (Director of Finance)
8. RESOLUTION 19569, APPROPRIATING FUNDS AND AWARDING PURCHASE
AGREEMENT FOR TWO SEWER COMBINATION TRUCKS THROUGH A
COOPERATIVE PURCHASE WITH THE CITY OF PASADENA (4/5TH'S VOTE
REQUIRED)
As part of the fiscal year 1999/2000 Equipment Replacement Budget, Council approved the
early replacement of two single-function high-pressure water sewer jetter/cleaner trucks with
two sewer combination cleaner/vacuum trucks, The Municipal Code and Resolution 6132
authorizes the Purchasing Agent to participate in cooperative bids with other government
agencies for the purchase of materials of common usage, Therefore, the City is participating
in a current City of Pasadena bid from Municipal Maintenance Equipment, Inc.
Staff recommendation: Council adopt the resolution. (Director of Public Works and
Director of Finance)
9. RESOLUTION 19570, APPROVING FIRST AMENDMENT TO AGREEMENT WITH
THE OTAY WATER DISTRICT REGARDING COST SHARING FOR A PAVING
PROJECT ON OTAY LAKES ROAD
On January 19, 1999, Council approved an agreement with The Otay Water District to share
the cost of paving a portion of Otay Lakes Road from EastLake Parkway to 1,900 linear feet
easterly thereof(westbound lanes only). The work was to be done in conjunction with Otay
District's installation of a 16-inch diameter recycled water main along Otay Lakes Road from
EastLake Parkway to Medical Center Drive. The installation of the recycled water main was
delayed due to factors beyond the control of the District but is now ready to proceed. It is
recommended that the limits of the rehabilitation project be extended to include the portion
of Otay Lakes Road from EastLake Parkway to Lane Avenue.
Recommendation: Council adopt the resolution. (Director of Public Works)
10. RESOLUTION 19571, AMENDING LEVY OF THE SPECIAL TAX FOR FISCAL YEAR
1999/2000 FOR COMMUNITY FACILITIES DISTRICT 97-3
The fiscal year 1999/2000 maximum and actual billing rates tbr Community Facilities District
97-3 were originally adopted on August 3, 1999. The billing rates were calculated based on
the number of parcels within the District. Since a number of parcels located outside the
District were inadvertently included in the calculation, the amount to be levied must be
amended in order to provide sufficient revenue to pay bondholders of the District.
Recommendation: Council adopt the resolution. (Director of Public Works)
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CONSENT CALENDAR (Continued)
ACTION: Mayor Hotton moved to approve staff recommendations and offered the Consent
Calendar, headings read, texts waived. The motion carried 5-0, except with regard
to Item #10, which carried 4-0-l, with Councilmember Moot abstaining.
ORAL COMMUNICATIONS
Mr. Walter Thatcher, 730 GIover Street, spoke in opposition to the Planning Commission's approval
of a large day care home across the street from his residence and objected to the $1,000 fee to appeal
the Commission's decision to the Council. Mr. Thatcher was advised to contact the City Manager
to obtain a waiver of the appeal fee, and Mayor Hotton asked that the matter be brought before the
Council for consideration.
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
11. PUBLIC HEARING PCS 98-06; CONSIDERATION OF A TENTATIVE SUBDIVISION
MAP FOR VILLAGE ONE WEST OF OTAY RANCH SECTIONAL PLANNING AREA
ONE PLAN, TRACT 98-06; APPLICANT: THE OTAY RANCH COMPANY
RESOLUTION 10572, APPROVING A TENTATIVE SUBDIVISION MAP FOR
VILLAGE ONE WEST OF THE OTAY RANCH SECTIONAL PLANNING AREA ONE
PLAN, TRACT 98-06, AND MAKING THE NECESSARY FlNDINGS
The Otay Ranch Company has applied to subdivide Village One West of the Otay Ranch
Sectional Planning Area One Plan into 774 lots on 275 acres. The application proposes 684
single-family residential lots, a 6-acre neighborhood park, a 10-acre elementary school site,
right-of-way reservation for the timire Metropolitan Transit Development Board Light Rail
Transit System, and open space lots Included in the application is an "Alternative Map,"
which includes properties identified as "Out-Parcels," that subdivides approximately 294 acres
into a total of 901 lots.
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.
Principal Planner Rosaler made a slide presentation explaining the proposed subdivision.
Mayor Horton opened the public hearing.
Kent Aden, representing The Otay Ranch Company, stated that one of the primary issues concerns
the level of development which will trigger the construction of the P-13 neighborhood park. Staff
would like construction of the park to commence with the issuance of the 300th building permit for
the project, and his company would like to commence the park 's construction when the 400th permit
is issued. He also spoke regarding the grid street system for Neighborhoods R-55 and R-58, stating
that the company prefers the design recommended by the Planning Coinmission, rather than the one
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PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES (Continued)
proposed by stafF, to allow view lots and less grading. He also commented on the proximity of some
lots to the trolley line and stated that potential noise levels will be disclosed to future buyers, and the
noise will be mitigated by installing air conditioning systems and sound walls. He asked the Council
to approve the proposed subdivision, the alternative map, and the Planning Commission's
recommendations for the project.
ACTION: Following Council discussion, Councihnember Moot moved to delete Lots #36 and
#43 in Neighborhood R-50, Lot #8 in Neighborhood 51A, and Lot #45 in
Neighborhood 52A froin the Alternative Map to mitigate future light rail noise
impacts to single-family homes and to include the lot area in Open Space Lots #29
and #30. Mayor Horton seconded the motion, and it carried 4-1, with
Councihnember Davis voting in opposition.
ACTION: Mayor Hotton moved to require construction of Park P-13 commencing with the
issuance of the building permit fbr the 400th dwelling unit. Councilmember Davis
seconded the motion, and it carried 5-0.
ACTION: Councihnember Moot moved to approve the applicant's proposed lot configuration
as shown on the Alternative Map and to adopt Resolution No 19572, heading read,
text waived. Councihnember Padilia seconded the motion, and it carried 5-O
12. PUBLIC HEARING REGARDING CONSIDERATION OF DECLARATION OF
INTENTION TO FORM AND ESTABLISH COMMUNITY FACILITIES DISTRICT 99-1
(OTAY RANCH SPA ONE - PORTIONS OF VILLAGE ONE, VILLAGE FIVE, AND
VILLAGE ONE WEST); AND DECLARATION OF NECESSITY TO INCUR A
BONDED INDEBTEDNESS, PURSUANT TO THE PROVISIONS OF THE "MELLO-
ROOS COMMUNITY FACILITIES ACT OF 1982", FOR THE PURPOSE OF
ACQUISITION OF CERTAIN PUBLIC FACILITIES THROUGH THE ISSUANCE OF
BONDS SECURED BY SPECIAL TAXES
On July 13, 1999, Council approved a resolution of intention to form Community Facilities
District No. 99-1 and set the public hearing for August 17, 1999. The district will fund the
construction of public facilities serving the Otay Ranch SPA One, portions of Village One,
Village Five and Village One West. The action proposed at this meeting will continue the
formal proceedings leading to the establishment of Community Facilities District No. 99-1.
Recommendation: The public hearing be continued to August 24, 1999. (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 Honon opened the public hearing.
ACTION: Mayor Hotton moved to continue the hearing to August 31, 1999, as recommended.
Councilmember Davis seconded the motion, and it carried 5-0.
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PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES (Continued)
13. PUBLIC HEARING REGARDING THE DECLARATION BY THE CITY COUNCIL
AUTHORIZING THE ANNEXATION OF TERRITORY IN THE FUTURE TO AN
EXISTING COMMUNITY FACILITIES DISTRICT
On July 13, 1999, Council approved the resolution of intention to annex territory in the future
to Community Facilities District Number 99-1 and set the public hearing for August 17, 1999.
There are no new facilities proposed to be provided for the future annexation area.
Community Facilities District Number 99-I is funding the construction of public facilities
serving the Otay Ranch SPA One, portions of Village One, Village Five and Village One
West.
Staff recommendation: The public hearing be continued to August 24, 1999. (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.
ACTION: Mayor Horton moved to continue the hearing to August 3 I, 1999, as recommended.
Councilmember Davis seconded the motion, and it carried
ACTION ITEMS
14. RESOLUTION 19573, MAKING A SPECIFIC FINDING THAT IRREGULARITIES IN
THE BID OF MESA CONSTRUCTION PROJECTS, INC. ARE WAIVED FOR THE
BENEFIT OF THE PUBLIC; ACCEPTING BIDS AND AWARDING CONTRACT FOR
TELEGRAPH CANYON CHANNEL IMPROVEMENTS, PHASE 1, FROM NORTH OF
SIERRA WAY TO 'K' STREET, IN THE CITY" PROJECT; AUTHORIZING THE
DIRECTOR OF PUBLIC WORKS TO ACCEPT THE EASEMENTS DEDICATED FOR
THE CONSTRUCTION OF THIS PROJECT; AND APPROPRIATING ADDITIONAL
FUNDS FROM THE TELEGRAPH CANYON DRAINAGE DEVELOPMENT IMPACT
FEE (4/TH'S VOTE REQUIRED)
The general scope of the project involves the construction of a rectangular reinforced
concrete channel within the existing natural Telegraph Canyon Creek from north of Sierra
Way to "K" Street, including the reconstruction of drainage facilities at the Second Avenue
channel crossing.
Recommendation: Council adopt the resolution. (Director of Public Works)
Public Works Director Lippitt explained the prctiect scope.
ACTION: Mayor Horton offered Resolution No. 19573, heading read, text waived. The motion
carried 5-0.
Councilmember Padilia left the dais at this point, 7:53 p.m.
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OTHER BUSINESS
15. CITY MANAGER'S REPORTS
A. Scheduling of meetings.
City Manager Rowlands noted the Adjourned Meeting to be held on Thursday, August 19,
1999 at 4:00 p.m. in the Council conference room for a workshop on the MSCP Plan.
16. MAYOR'S REPORTS
A. Ratification of appointments:
Housing. Advisory Commission - Virginia Moore (to fill vacancy created by
Commissioner Lembo, whose term expired June 30, 1999);
International Friendship Commission - Ignacio Valdovinos (to fill vacancy created
by Commissioner Wood, whose ten'n expires June 30, 2000);
Mobilehome Rent Review Commission - Anthony Ciotti, St. (to fill vacancy created
by Commissioner Watry, whose term expired June 30, 1999);
Resource Conservation Commission - Juan Diaz (to fill vacancy created by
Commissioner Yamada, whose term expired June 30, 1999); and,
Board of Appeals and Advisors - Jose L. Romo, Jr. (to fill vacancy created by
Member Harter, whose term expired June 30, 1999).
ACTION: Mayor Hotton moved to ratify the appointment of the above Commissioners.
Councihnember Davis seconded the motion, and it carried 4-0, with Councilmember
Padilia absent.
17. COUNCIL COMMENTS
Councihnember Davis
A. Ratification of appointment to the Mobilehome Rent Review Commission - Marshall
Compton (to fill vacancy created by Commissioner Worth, whose term expires June
30, 2002)
ACTION: Councihnember Davis moved to ratify the appointment of Marshall Compton to the
Mobilehorne Rent Review Commission. Deputy Mayor Salas seconded the motion,
and it carried 4-0, with Councilmember Padilia absent.
At 8:01 p.m., Mayor Hotton recessed the meeting to Closed Session.
CLOSED SESSION
18. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE
TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(B)
One case.
This item was not discussed.
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CLOSED SESSION (Continued)
19. CONFERENCE WITH REAL PROPERTY NEGOTIATOR PURSUANT TO
GOVERNMENT CODE SECTION 54956.8
Property: 428 "F" Street, Chula Vista, California 91910. Assessor's
Parcel Number 568-181-34, 35, 36, 37 (portion), 41
(portion).
Negotiating Parties: Security Trust Company, City oFChula Vista (Sid Morris).
Under Negotiation: Property Acquisition
Instructions were given to the negotiator.
ADJOURNMENT
At 8:35 p.m., Mayor Horton adjourned the meeting to an Adjourned Meeting oFthe City Council to
be held on Thursday, August 19, 1990, at 4:00 p.m. in the Council Conference Room oF the
Administration Building.
RespectfUlly submitted,
Susan Bigelow, CMC/AAE, City Clerk
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