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Home My WebLink Aboutcc min 1999/09/21 MINUTES OF A REGULAR MEETiNG OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA September 21, 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. ABSENT: None 2. PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE 3. SPECIAL ORDERS OF THE DAY A. Proclamation commending Luis Herrera Lasso on his term as Consul General of Mexico. Mayor Horton read the proclamation, and Deputy Mayor Salas presented it to Mr. Herrerra- Lasso, who, in turn, presented certificates to Mayor Horton and Deputy Mayor Salas. CONSENT CALENDAR (Items 4 through 10) 4. APPROVAL OF MINUTES of June 29, 1999 ( Regular Meeting of the City Council) and June 29, 1999 (Joint Meeting of the Redevelopment Agency, City Council, and Housing Authority). Staff recommendation: The minutes be approved. 5. WRITTEN COMMUNICATIONS A. Letter from the City Attorney stating that to the best of his knowledge from observance of actions taken in Closed Session on September 14, 1999, there were no actions taken which are required under the Brown Act to be reported. Staff recommendation: The letter be received and filed. 6.A. ORDINANCE NO. 2796, 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 (SECOND READING AND ADOPTION) B. ORDINANCE NO. 2797, 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 (SECOND READING AND ADOPTION) CONSENT CALENDAR (Continued) Adoption of the proposed ordinances 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. Staff recommendation: Council place the ordinances on second reading for adoption. (Special Projects Manager) 7. RESOLUTION NO. 19609, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, AMENDING THE FISCAL YEAR 1999/2000 BUDGET FOR THE CITY CLERK'S DEPARTMENT TO ADD A RECORDS MANAGER POSITION AND APPROPRIATING $27,000 IN ADDITIONAL FUNDING (4/5TH'S VOTE REQUIRED) Approval of the resolution will add one full time equivalent position to the City Clerk's Office. The proposed position, under the direction of the City Clerk, will organize and manage the city-wide inactive records program, supervise and assist in the document imaging activities of City Clerk staff, and provide staff training to all departments in records procedures and the imaging software. Staff recommendation: Council adopt the resolution. (City Clerk) 8. RESOLUTION NO. 19610, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, APPROPRIATING UNANTICIPATED FEDERAL GRANT REVENUES IN THE AMOUNT OF $24,965 FOR THE PURPOSE OF PERFORMING A FINANCIAL AUDIT OF HIGH INTENSITY DRUG TRAFFICKING AREA GRANT EXPENDITURES, WAIVING THE CONSULTANT SELECTION PROCESS, AWARDING AN AUDIT SERVICES CONTRACT TO CALDERON, JAHAM & OSBORN, AND AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT (4/5TH'S VOTE REQUIRED) On September 5, 1995, Council approved the Police Department to act as a "fiscal agent" for the California Border Alliance Group (CBAG) and as a conduit to obtain civilian support personnel and to acquire related services and supplies. The mission of CBAG is to develop multi-jurisdictional cooperative strategies to gather intelligence, investigate, arrest and successfully prosecute persons involved with illegal drug trafficking. CBAG is requesting to contract services through the City in order to conduct a financial audit of the CBAG "high intensity drug trafficking area" (HIDTA) grant expenditures. Staff recommendation: Council adopt the resolution. (Chief of Police) 9. RESOLUTION NO. 19611, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, APPROVING PURCHASE OF 10 COMPRESSED NATURAL GAS (CNG) BUSES IN CONJUNCTION WITH THE METROPOLITAN TRANSIT DEVELOPMENT BOARD (MTDB) The Metropolitan Transit Development Board (MTDB) has proposed that Chula Vista Transit exercise its option to purchase 10 additional compressed natural gas buses and that the cost be shared 50 % by MTDB and 50 % by the City. Staff recommendation: Council adopt the resolution. (Director of Public Works) Page 2 - Council Minutes 09/21/99 '1 · I CONSENT CALENDAR (Continued) 10. RESOLUTION NO. 19612, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, APPROVING THE SUBMITTAL TO CALTRANS OF EIGHT APPLICATIONS FOR THE FEDERAL FISCAL YEAR 2001/2002 HAZARD ELIMINATION SAFETY (HES) PROGRAM The Federal Surface Transportation Assistance Act of 1982 created the Hazard Elimination Safety Program by combining several existing safety programs. The program provides funds for safety improvements on all public roads and highways except the interstate system. These funds serve to eliminate or reduce the number and severity of traffic accidents at hazardous public roads and highway locations, sections, and elements. Staff recommendation: Cotmcil 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. ORAL COMMUNICATIONS Edward Rosenthal, 1025 Broadway, congratulated the Council and staff on the franchise renewal with Cox Communications. William Claycomb spoke regarding the lack of fuel cell vehicles in Sacramento, despite the fact that Supervisor Roberts has stated that such vehicles exist. Ruben Tapia, 268 Church Avenue, asked that residents in his area have the same opportunity as businesses to purchase parking permits. Staff was asked to contact Mr. Tapia. Jacquelyn Jones, 330 Broadway, asked the Council to review and amend the Municipal Code relating to the keeping of dogs in residential areas; and requested a variance to allow her to keep four small dogs at her home. City Attorney Kaheny was asked to track the complaint pending against Ms. Jones, and staff was asked to contact Ms. Jones regarding the matter. ACTION ITEMS 11. UPDATE ON BROWN FIELD (Director of Planning and Building) Principal Planner Bazzel updated the Council on the status of the project. No action was taken by Council. 12. RESOLUTION NO. 19613, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND METROPOLITAN TRANSIT DEVELOPMENT BOARD (CMTDB) FOR CONTINUATION OF THE CHULA VISTA BILLBOARD RESERVE FUND AND EXPENDITURE OF REVENUE WITHiN THE FUND Page 3 - Council Minutes 09/21/99 ACTION ITEMS (Continued) Eller Media and Outdoor Systems, the current co-owners of the three signs, have requested an extension which would allow three existing billboards along Interstate 5 to remain in place through 2015. ACTION: Mayor Horton offered Resolution No. 19613, Resolution of the City Council of the City of Chula Vista, approving an agreement with the Metropolitan Transit Development Board for continuation of the Chula Vista Billboard Reserve Fund and expenditure of revenue within the fund, heading read, text waived. The motion carried 5-0. 13. RESOLUTION NO. 19614 OF THE CITY COUNCIL OF THE CITY OF CHLA VISTA AUTHORIZING THE EXECUTION OF A PURCHASE AND SALE AGREEMENT WITH SECURITY TRUST COMPANY FOR ACQUISITION OF PROPERTY LOCATED AT 428 "F" STREET FOR CITY OFFICE SPACE PURPOSES; APPROPRIATING $1,145,000 FROM THE AVAILABLE FUND BALANCE IN THE CIVIC CENTER COMPONENT OF THE PUBLIC FACILITIES DIF TO THE CIVIC CENTER EXPANSION PROJECT (GG-139) TO ACQUIRE THE PROPERTY AND MAKE INTERIOR BUILDING MODIFICATIONS; APPROPRIATING $13,400 FROM THE AVAILABLE FUND BALANCE IN THE GENERAL FUND FOR UTILITIES AND JANITORIAL SERVICES; AND AMENDING THE FISCAL YEAR 1999/2000 BUDGET TO REFLECT THESE APPROPRIATIONS (4/5TH'S VOTE REQUIRED) The City has been steadily adding staff to respond to increased demands on City services resulting from growth in eastern Chula Vista, as well as the need for renewed attention to deferred maintenance and infrastructure needs in western Chula Vista. As a result, the Civic Center complex is currently at capacity and cannot accommodate the additional employees that will soon join the City workforce. ACTION: Councilmember Davis offered Resolution No. 19614, Resolution of the City Council of the City of Chula Vista authorizing the execution of a purchase and sale agreement with Security Trust Company for acquisition of property located at 428 F Street for City office space purposes; appropriating $1,145,000 from the available fund balance in the Civic Center component of the Public Facilities DIF to the Civic Center Expansion Project (GG-139) to acquire the property and make interior building modifications; appropriating $13,400 from the available fund balance in the general fund for utilities and janitorial services; and amending the fiscal year 1999/2000 budget to reflect these appropriations, heading read, text waived. The motion carried 5-0. 14. RESOLUTION NO. 19615 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING AN ABATEMENT OF $22,546 OF THE INTERIM SR-125 DEVELOPMENT IMPACT FEES PAID FOR THE CLUBHOUSE AT EASTLAKE COUNTRY CLUB LOCATED AT 2375 CLUBHOUSE DRIVE AND APPROPRIATING FUNDS FROM THE UNAPPROPRIATED FUND BALANCE OF THE INTERIM SR-125 DEVELOPMENT IMPACT FEE FUND (4/5TH'S VOTE REQUIRED) Page 4 - Council Minutes 09/21/99 · | ACTION ITEMS (Continued) On October 20, 1998, Council authorized an abatement of $33,050 of the Interim SR-125 Development Impact Fees paid for the clubhouse at EastLake Country Club. EastLake Country Club Partnership requested this refund because they felt the fee of $66,010 collected was based on too high an estimate of the traffic generated due to the new facility. ACTION: Mayor Horton offered Resolution No. 19615, Resolution of the City Council of the City of Chula Vista authorizing an abatement of $22,546 of the interim SR-125 development impact fees paid for the clubhouse at EastLake Country Club located at 2375 Clubhouse Drive and appropriating funds from the unappropriated fund balance of the interim SR-125 development impact fee fund, heading read, text waived. The motion carried 5-0. OTHER BUSINESS 15. CITY MANAGER'S REPORTS City Manager Rowlands noted that the meeting scheduled for September 28, 1999, has been cancelled and that tonight's meeting should be adjourned to October 5, 1999. 16. MAYOR'S REPORTS There were none. 17. COUNCIL COMMENTS Deputy Mayor Salas reported that she had been contacted regarding a potentially dangerous condition near the entrance to the Otay Lakes Mobilehome Lodge on Otay Lakes Road. She asked that staff review the matter, consider adding signage or a turn lane for the mobilehome park, and apply for fuding through the Hazard Elimination Safety Program. CLOSED SESSION 18. CONFERENCE WITH LEGAL COUNSEL REGARDiNG EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(A) 1. Preserve South Bay v. SANDAG, City of Chula Vista, etc. No action was taken. 2. Buell v. City of Chula Vista No action was taken. 19. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(B) Three cases. These items were not discussed. Page 5 - Council Minutes 09/21/99 '1 · I ADJOURNMENT At 7:14 p.m., Mayor Horton noted that the Regular Meeting of September 28, 1999 had been cancelled, and she adjoumed the meeting to the Regular Meeting of October 5, 1999, at 4:00 p.m. in the Council Chambers. Respectfully submitted, Susan Bigelow, CMC/AAE, City Clerk Page 6 - Council Minutes 09/21/99