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HomeMy WebLinkAboutcc min 1999/09/14 MINUTES OF A REGULAR MEETiNG OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA September 14, 1999 6:00 p.m. A Regular Meeting of the City Council of the City of Chula Vista was called to order at 6:10 p .m. in the Council Chambers located in the Public Services Building, 276 Fourth Avenue, Chula Vista, California. 1. ROLL CALL: PRESENT: Councilmembers Davis, Moot, Padilla, Salas, and Mayor Horton. (Councilmember Moot arrived at 6:45 p.m.) ABSENT: None 2. PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE 3. SPECIAL ORDERS OF THE DAY A. Oath of Office: Growth Management Oversight Commission - William C. Tripp Mobilehome Rent Review Commission - Vikki Robinson Opeodu City Clerk Bigelow administered the oaths of office to Mr. Tripp and Ms. Opeodu, and Deputy Mayor Salas presented certificates of appointment to the new members. B. Employee Recognition Award of the Month: Mary Chapman, Administrative Secretary, Fire Department. Fire Chief Hardiman introduced Mary Chapman and commented on her many years of excellent service to the City. Mayor Horton presented a proclamation to Ms. Chapman. C. Proclaiming the week of September 20 through September 24, 1999 as "Lawsuit Abuse Awareness Week." Mayor Horton read the proclamation, and Deputy Mayor Salas presented it to Ms. Kotner, Executive Director, San Diego County Citizens Against Lawsuit Abuse. D. Chief Richard Emerson: Introduction of newly promoted officers Lieutenant Richard Coulson, Sergeant Scott Arsenault, and Agent John Munch. Chief Emerson introduced the officers to the Council and audience. CONSENT CALENDAR (Items 4 through l 5) 4. XVRITTEN COMIVIUNICATIONS A. Letter from the Office of the City Attorney stating that there were no actions taken in Closed Session on August 31, 1999, which are required under the Brown Act to be reported. Staff recommendation: The letter be received and filed. 5. ORDINANCE NO. 2795 OF THE CITY COUNCIL, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NUMBER 99-1 (OTAY RANCH SPA ONE - PORTIONS OF VILLAGE ONE, VILLAGE FIVE AND VILLAGE ONE WEST), AUTHORIZING THE LEVY OF A SPECIAL TAX IN SUCH COMMUNITY FACILITIES DISTRICT (SECOND READING AND ADOPTION) On July 13, 1999, Council approved a resolution of intention to form Community Facilities District Number 99-1. A public hearing was noticed and opened on August 17, 1999; the hearing was continued to August 31, 1999, at which time the ordinance was placed on first reading. 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 finalize the formal proceedings leading to the establishment of Community Facilities District Number 99-1. Recommendation: Council place the ordinance on second reading for adoption. (Director of Public Works) 6. RESOLUTION NO. 19595, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUGMENTING ABE 321 GRANT FUNDS AWARDED TO THE CHULA VISTA LITERACY TEAM FROM THE CALIFORNIA DEPARTMENT OF EDUCATION; AND AMENDING THE FISCAL YEAR 1999/2000 BUDGET TO APPROPRIATE $3,671 IN UNANTICIPATED GRANT REVENUES TO THE LIBRARY AND RECREATION DEPARTMENT (4/5TH'S VOTE REQUIRED) The Chula Vista Literacy Team has been notified of an augmentation of ABE 321 grant funds in the amount of $3,671 from the California Department of Education. The new grant funds are to be used for staff development and to purchase supplies. Staff recommendation: Council adopt the resolution. (Library and Recreation Director) 7. RESOLUTION NO. 19596, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 1999/2000 BUDGET BY APPROPRIATING UNANTICIPATED DONATION REVENUE IN THE AMOUNT OF $1,000 TO THE LIBRARY AND RECREATION DEPARTMENT FOR EXPENDITURES ASSOCIATED WITH THE CHULA VISTA LITERACY TEAM (4/5TH'S VOTE REQUIRED) Page 2 - Council Minutes 09/14/99 CONSENT CALENDAR (Continued) The Chula Vista Literacy Team, from time to time, receives donations from the public. These donations generally are received from individual contributors and are small donations from past tutors or learners, or in memory of a loved one who supported literacy and the Library's adult literacy program. Donations are deposited into a City cash bond account upon receipt and accumulated for future appropriation to a literacy program use. The Library and Recreation Department wishes to appropriate $1,000 in accumulated donations at this time to the Literacy budget to purchase instructional materials and resources. Staff recommendation: Council adopt the resolution (Library and Recreation Director) 8. RESOLUTION NO. 19597, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 1999/2000 BUDGET BY APPROPRIATING $7,750 TO THE LIBRARY AND RECREATION DEPARTMENT BUDGET FOR THE FLAG FOOTBALL PROGRAM EXPENDITURES, BASED ON UNANTICIPATED PROJECTED PARTICIPANT FEE REVENUES OF $12,800, AND APPROVING THE ADDITION OF 0.68 FULL TIME EQUIVALENT RECREATION LEADER AND 0.23 FULL TIME EQUIVALENT RECREATION AIDE POSITIONS (HOURLY, PART-TIME, NON-BENEFITTED) TO STAFF THE FLAG FOOTBALL PROGRAM (4/5TH'S VOTE REQUIRED) The Recreation Division offered an after-school intramural athletic league program (Flag Football) to elementary school children throughout the City until Fiscal Year 1998/1999, when the program was temporarily discontinued due to the reorganization of the after-school program into the STRETCH Program. The Department now wishes to recommence the Flag Football program, utilizing previously appropriated and budgeted funding and requesting new funding to support staff and expenditures for the program. In addition, revenue will be budgeted and received from the fees charged to the participants in the program. Staff recommendation: Council adopt the resolution (Library and Recreation Director) 9. RESOLUTION NO. 19598, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE LIBRARY AND RECREATION DIRECTOR TO EXECUTE PERMITS TO AGENCIES PROVIDING SERVICES AND UTILIZING OFFICE SPACE AT NORMAN PARK SENIOR CENTER Since the renovation of the Norman Park Center in 1993, the City has issued and renewed multi-year permits to several social service agencies, allowing them to utilize office space at the Center. These agencies provide valuable community services, many of which target the senior population. The City does not charge rent for this use but does require each agency to reimburse the City for a pro-rated share of the utility costs. Three-year permit renewals have been prepared and signed by each agency. Staff recommendation: Council adopt the resolution (Library and Recreation Director) 10. RESOLUTION NO. 19599, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CHULA VISTA AND THE CHULA VISTA ELEMENTARY SCHOOL DISTRICT REGARDING JOINT OPERATION OF THE DASH (DYNAMIC AFTER SCHOOL HOURS) AFTER SCHOOL RECREATIONAL PROGRAM, AND THE STRETCH (SAFE TIME FOR RECREATION, ENRICHMENT, AND TUTORING FOR CHILDREN) EXTENDED SCHOOL DAY EDUCATIONAL PROGRAM, AND Page 3 - Council Minutes 09/14/99 · I CONSENT CALENDAR (Continued) AUTHORIZING THE DIRECTOR OF LIBRARY AND RECREATION TO EXECUTE THE MOU; AND AMENDING THE FISCAL YEAR 1999/2000 BUDGET TO APPROVE AN ADDITIONAL 1.31 FULL TIME EQUIVALENT SCHOOL SITE COORDINATORS (UNCLASSIFIED, PART-TIME, PARTIALLY BENEFITTED) AND 2.30 FULL TIME EQUIVALENT YOUTH LEADERS (HOURLY, PART-TIME, NON-BENEFITTED), AND APPROPRIATING AN ADDITIONAL $96,000 CONTRIBUTION FROM THE CHULA VISTA ELEMENTARY SCHOOL DISTRICT FOR THE STRETCH PROGRAM (4/5TH'S VOTE REQUIRED) In Fiscal Year 1998/1999, the City entered into a partnership with the Chula Vista Elementary School District to examine the City's existing after-school programs, and, with District input, to revamp them based on individual school needs and priorities. The MOU entered into last year created the new STRETCH Program, with an emphasis on literacy, homework assistance, and arts enrichment. The program was offered as a pilot program from the end of February through June at six elementary school sites. The program received an overwhelmingly positive response from the District, School Board members, principals and school personnel, and program recipients. During the FY 1999/2000 budget process, the Council approved the Department's and District's recommendation to close the existing after- school playground program offered at 26 elementary schools. In its place, a high quality, structured, sports and recreation program, entitled DASH, was approved, and it was agreed that DASH would be offered at 12 elementary schools to be selected by the District and that STRETCH sites would not be eligible for the DASH Program. Staff recommendation: Council adopt the resolution. (Library and Recreation Director) 11. RESOLUTION NO. 19600, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING VARIOUS PERSONNEL RECLASSIFICATIONS The proposed resolution addresses classification and salary issues raised by the Community Development and Police Departments concerning positions which have faced significant recruitment and retention difficulties. It reclassifies the Community Development Specialist II position to Principal Community Development Specialist; and the Police Services Technician position to Senior Management Analyst. Staff recommendation: Council adopt the resolution. (Director of Human Resources) 12. RESOLUTION NO. 19601, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A DESILTATION AND GRADING AGREEMENT (POGGI CANYON) WITH OTAY PROJECT LP AND PROWSWOOD-MATSUSHITA OTAY RANCH PARTNERS LLC FOR OTAY RANCH SPA ONE, VILLAGE I, PHASE 7 AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT On November 19, 1996, Council approved the Tentative Map for Tract Number 96-04A, Phase 7, of the Otay Ranch Project SPA One. Tentative Map conditions require that, prior to issuance of a grading permit for any land within the Poggi Canyon basin, the developer shall comply with certain conditions requiring construction of drainage improvements and removal of siltation within Poggi Canyon. The proposed agreement contains appropriate provisions to allow the developer to proceed with the interim grading of Phase 7 in full compliance with the Tentative Map requirements. Staff recommendation: Council adopt the resolution. (Director of Public Works) Page 4 - Council Minutes 09/14/99 CONSENT CALENDAR (Continued) 13. RESOLUTION NO. 19602, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FIRST AMENDMENT TO DEFERRAL AGREEMENT AND DECLARATION OF COVENANTS RUNNING WITH THE LAND WITH MCMILLIN OTAY RANCH LLC AND AUTHORIZiNG THE MAYOR TO EXECUTE SAID AGREEMENT Approval of the First Amendment to the agreement for deferring the development of certain parcels within the McMillin Otay Ranch SPA One project will make the agreement consistent with the current Public Facilities Financing Plan (PFFP) for Otay Ranch SPA One. Staff recommendation: Council adopt the resolution. (Director of Public Works) 14. RESOLUTION NO. 19603, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING $9,000 IN UNANTICIPATED REVENUES FROM THE U.S. DEPARTMENT OF JUSTICE FOR TRAVEL EXPENSES FOR THE MAJOR NARCOTICS INITIATIVE (4/5TH'S VOTE REQUIRED) The Police Department has one Agent assigned to the Major Narcotics Trafficking Initiative. The position is funded through the High Intensity Drug Trafficking Area grant and requires the assigned Agent to travel while assigned to this initiative. Travel expenses incurred by the position will be reimbursed by the U.S. Department of Justice. Staff recommendation: Council adopt the resolution. (Chief of Police) 15. RESOLUTION NO. 19604, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING DONATION TO THE POLICE DEPARTMENT TO BE UTILIZED BY THE SPECIAL WEAPONS AND TACTICAL TEAM. The Police Department's Special Weapons and Tactical Team has received an unsolicited donation of two tactical vests from the Chula Vista Gun Store. The vests will replace two which are no longer serviceable and will allow the Department to further enhance its abilities to respond safely to critical S.W.A.T. incidents. Staffrecon'kmendation: Council adopt the resolntion. (ChiefofPolice) ACTION: Mayor Horton moved to approve staff recommendations and offered the Consent Calendar, headings read, texts waived. The motion carried 4-0, with Councilmember Moot not yet present. ORAL COMMUNICATIONS There were none. Page 5 - Council Minutes 09/14/99 PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 16. PUBLIC HEARING TO CONSIDER THE PROPOSED GRANT OF A MODIFIED CABLE SYSTEM FRANCHISE TO COXCOM, INC., DBA COX COMMUNICATIONS SAN DIEGO A. ORDINANCE NO. 2796, ORDINANCE APPROVING THE GRANT OF A MODIFIED CABLE FRANCHISE TO COXCOM, iNC., DBA COX COMMUNICATIONS SAN DIEGO AND AUTHORIZING THE MAYOR TO EXECUTE THE IMPLEMENTiNG FRANCHISE AGREEMENT (FIRST READING) B. ORDiNANCE NO. 2797, ORDINANCE AMENDING SECTION 5.52.010 OF THE MUNICIPAL CODE TO CONFORM THE FEES ASSESSABLE TO CABLE FRANCHISEES AND OTHER VIDEO PROGRAMMING PROVIDERS TO THOSE ALLOWED BY STATE AND FEDERAL LAW (FIRST READING) The proposed actions will amend the City's franchise with Cox Communications. Among the terms of the proposal is a recommendation to increase the franchise fee from the current 3% of gross revenues to the industry standard level of 5%, as contemplated in the revenue projections approved by Council as part of the 1999/2000 annual budget. This item was heard following Item No. 21. 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. Special Project Manager Meacham presented the many benefits of the proposed franchise agreement, commenting on customer service features, preservation of options for future service, and cable modems provided to remote City facilities. He also mentioned that the City will take over broadcasting responsibilities on the public service channel. Mayor Horton opened the public hearing and asked if anyone from the audience wished to speak. Martin Altbaum, 581 C Street, commented that Cox has been an excellent corporate citizen, and he supported the franchise renewal. Mary Ball, Director of Governmental Relations for Cox Communications, spoke regarding the benefits to all parties which are contained in the proposed agreement. There being no one further wishing to speak, Mayor Horton closed the public hearing. ACTION: Councilmember Moot offered for first reading Ordinance No. 2796, Ordinance approving the grant of a modified cable franchise to Coxcom, Inc., dba Cox Communications San Diego, and authorizing the Mayor to execute the implementing franchise agreement, heading read, text waived. The motion carried 5-0. ACTION: Councilmember Moot offered for first reading Ordinance No. 2797, Ordinance amending Section 5.52.010 of the Municipal Code to conform the fees assessable to cable franchisees and other video programming providers to those allowed by state and federal law, heading read, text waived. The motion carried 5-0. Page 6 - Council Minutes 09/14/99 PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES (Continued) 17. PUBLIC HEARING TO CONSIDER THE RENEWAL OF THE AGREEMENT WITH THE SWEETWATER UNION HIGH SCHOOL DISTRICT FOR THE JOINT USE OF THE LIBRARY FACILITY AT EASTLAKE LIBRARY RESOLUTION NO. 19605, RESOLUTION APPROVING THE RENEWAL OF THE AGREEMENT WITH THE SWEETWATER UNION HIGH SCHOOL DISTRICT FOR THE JOINT USE OF THE LIBRARY FACILITY AT EASTLAKE LIBRARY The three-year agreement with the Sweetwater Union High School District for the joint use of the EastLake School Library expired on June 30, 1999. A new agreement to continue the collaborative venture was negotiated and was approved by the Sweetwater District Board on August 19, 1999. The EastLake Library has remained open to the public while the new agreement was being negotiated. 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. Mayor Horton then closed the hearing. ACTION: Mayor Horton offered Resolution No. 19605, Resolution of the City Council of the City of Chula Vista approving the renewal of the agreement with the Sweetwater Union High School District for the joint use of the library facility at Eastlake Library, heading read, text waived. The motion canied 4-0, with Councilmember Moot not yet present. ACTION ITEMS 18. UPDATE ON BROWN FIELD (Director of Planning and Building) This item was considered following Item No. 17, which was considered following Item No. 21. Director of Planning & Building Leiter reported that the EIR review period had been extended for two weeks, and staff and the consultant plan to complete their review and submit comments by September 21 st. Councilmember Davis reported on a meeting with North Island officials, the intent of the Secretary of the Navy to study and comment on the proposed expansion, and FAA's intent to create a computer simulation of flight pattems. There was no action taken by Council. 19. RESOLUTION NO. 19606, RESOLUTION APPROVING AGREEMENT WITH THE CITY OF IMPERIAL BEACH FOR ANIMAL CONTROL SERVICES, AMENDING THE FISCAL YEAR 2000 BUDGET APPROPRIATING $53,473 FOR RELATED GENERAL FUND COSTS BASED ON UNANTICIPATED REVENUES, AND ADDING ONE ANIMAL CONTROL OFFICER POSITION, AND .25 KENNEL ATTENDANT POSITION (4/STH'S VOTE REQUIRED) Page 7 - Council Minutes 09/14/99 ACTION ITEMS (Continued) Chula Vista provided animal control services to the City of Imperial Beach from 1993 to 1998. In January 1998, Imperial Beach contracted with the County of San Diego for one year of animal control service. In May 1999, the City of imperial Beach requested a bid for animal control services from both the County of San Diego and Chula Vista. The Police Department submitted a proposal and entered into contract discussions with Imperial Beach. The proposal was based on established formulas to ensure full cost recovery associated with services to be rendered. There were no special allowances made in order to solicit or obtain the Imperial Beach contract. Subsequently, the contract was awarded to Chula Vista contingent upon Council approval. ACTION: Deputy Mayor Salas offered Resolution No. 19606, Resolution of the City Council of the City of Chula Vista approving agreement with the City of Imperial Beach for animal control services, amending the fiscal year 2000 budget by appropriating $53,473 for related general fund costs based on unanticipated revenues, and adding one animal control officer position and a .25 kennel attendant position, heading read, text waived. The motion carried 4-0, with Councilmember Moot not yet present. 20. RESOLUTION NO. 19607, RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE "STORM DRAIN REPLACEMENT ROHR ELEMENTARY SCHOOL" IN THE CITY OF CHULA VISTA, CALIFORNIA (DR-147); AND APPROPRIATING FUNDS AS A LOAN FROM THE TRUNK SEWER CAPITAL RESERVE FUND (4/5TH'S VOTE REQUIRED) A portion of the corrugated metal pipe storm drain system traversing the school grounds has collapsed and is in need of urgent repair. Due to the location of the drainage system, it is necessary that the work be done while the students are away on quarter break, which starts on September 20 and ends on October 8, 1999. On August 31, 1999, sealed bids were received for the project, and staff recommends that the contract be awarded to Fill Dirt, Inc., dba Roberts Engineering Contractors. ACTION: Mayor Horton offered Resolution No. 19607, Resolution of the City Council of the City of Chula Vista, accepting bids and awarding contract for the "Storm Drain Replacement - Rohr Elementary School" in the City (DR-147); and appropriating funds as a loan from the trunk sewer capital reserve fund, heading read, text waived. The motion carried 4-0, with Councilmember Moot not yet present. 21. RESOLUTION NO. 19608, RESOLUTION APPROVING THE OLYMPIC PARKWAY LANDSCAPE MASTER PLAN INCLUDING A DEVIATION FROM THE CURRENT CITY OF CHULA VISTA LANDSCAPE MANUAL GUIDELINE FOR PLANTING-TO- PAVING RATIOS WITHIN THE OLYMPIC PARKWAY MEDIAN On April 13, 1999, Council was presented with the Olympic Parkway Feasibility and Financing Study which described, among other items, the preparation of a Landscape Master Plan for Olympic Parkway. The Landscape Master Plan has been prepared by Estrada Land Planning, as a subconsultant to Kimley Horn and Associates, Inc. Page 8 - Council Minutes 09/14/99 [] I ACTION ITEMS (Continued) Councilmember Moot arrived at this point, 6:45 p.m. ACTION: Mayor Horton offered Resolution No. 19608, Resolution of the City Council of the City of Chula Vista approving the Olympic Parkway Landscape Master Plan including a deviation from the current City of Chula Vista Landscape Manual Guideline for planting-to-paving ratios within the Olympic Parkway median, heading read, text waived. The motion catTied 5-0. OTHER BUSINESS 22. CITY MANAGER' S REPORTS A. Scheduling of meetings. City Manager Rowlands noted that the workshop previously scheduled for 4:00 p.m., Wednesday, September 15th, has been postponed. 23. MAYOR'S REPORTS A. Consideration of designation of a voting Delegate and Alternate for the Annual League of California Cities conference to be held in San Jose October 10 through October 12, 1999. ACTION: Mayor Horton moved to appoint herself as the voting Delegate and Councilmember Davis as the Alternate for the League's annual conference. Deputy Mayor Salas seconded the motion, and it carried 24. COUNCIL COMMENTS Deputy Mayor Salas invited the Council to attend a reception in honor of the Secretary of Trade and Commerce to be held on October 4, 1999, from 6:00 to 8:00 p.m. Councilmember Davis reported on "Christmas in October" plans and requested volunteers to help with the event. CLOSED SESSION 25. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(A) Fritsch v. City of Chula Vista, District Case No. 98-CV-0972-E CGA. This item was not discussed. 26. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(B) One case. This item was not discussed. Page 9 - Council Minutes 09/14/99 CLOSED SESSION (Continued) 27. 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 and City of Chula Vista (Sid Morris). Under Negotiations: Property Acquisition No reportable action was taken. ADJOURNMENT At 7:15 p.m., Mayor Horton adjourned the meeting to the Regular Meeting of September 21, 1999, at 6:00 p.m. in the Council Chambers. Respectfully submitted, Susan Bigelow, CMC/AAE, City Clerk Page 10 - Council Minutes 09/14/99