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HomeMy WebLinkAboutcc min 1999/12/14 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA December 14, 1999 6:00 p.m. CALL TO ORDER ROLL CALL: PRESENT: Councilmembers Divis, Moot, Padilia, Salas, and Mayor Horton. (Councilmember Moot anived at 6:08 p.m.) PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY 1. Presentation of a donation to the Nature Center by Duke Energy Power Services Representatives of Duke Energy presented a check in the amount of $2,500 to Nature Center Director Dan Beintema. CONSENT CALENDAR (Items 2 through 13) 2. 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 December 7, 1999, there were no actions taken which are required under the Brown Act to be reported. Staffrecommendation: The letter be received and filed. 3. RESOLUTION NO. 19708, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ORDERING THE SUMMARY VACATION OF A PORTION OF MAIN STREET AND A PORTION OF SILVAS STREET A request was received to vacate two portions of excess fight-of-way along Main Street and Silvas Street, adjacent to property located at 2590 Main Street and 1660 Silvas Street, both owned by the Leaf Family Trust. In accordance with Chapter 4, Section 8330 of the State Streets and Highways Code, this type of vacation may be performed summarily by adoption of a resolution ordering said summary vacation. Staff recommendation: Council adopt the resolution. (Director of Public Works) 4. RESOLUTION NO. 19709, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE ISSUANCE OF ENCROACHMENT PERMIT NO. PE-460 FOR CONSTRUCTION OF TWO ENTRY PORTAL MONUMENTS PROPOSED FOR EASTLAKE TRAILS SOUTH SUBDIVISION LOCATED AT THE INTERSECTION OF CLUBHOUSE DRIVE AND HUNTE PARKWAY Page 1 - Council Minutes 12/14/99 CONSENT CALENDAR (Continued) Eastlake Company, LLC, a California Limited Liability Company, owner of the Eastlake Trails South Subdivision, is proposing to construct entry portal monument structures along the Clubhouse Drive frontage on both sides of the road. The frontage area is located within the City right-of-way, a general utility easement and sidewalk, tree plant'rag and a maintenance easement. A portion of the entry monument structure is located in a future school site within a private maintenance easement belonging to the Eastlake Company. According to Section 12.28 of the Municipal Code, any permanent structures built within any easement, such as permanent monument signs, require City Council approval utilizing the encroachment permit process. Staff recommendation: Council authorize the issuance of Encroachment Permit No. PE-460, adopt the resolution, and direct the City Clerk to record the resolution and permit. (Director of Public Works) 5. RESOLUTION NO. 19710, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AWARDING A PURCHASE AGREEMENT IN THE AMOUNT OF $194,285.60 FOR TWO REPLACEMENT AND ONE ADDITIONAL 5-CY DUMP TRUCKS TO DION INTERNATIONAL TRUCKS THROUGH COOPERATIVE BID #P6555/98 WITH THE CITY OF SAN DIEGO The FY 1999/00 equipment maintenance budget provides for the replacement of two five- cubic-yard dump trucks. The sewer facilities replacement budget provides for the purchase of one additional five-cubic-yard dump truck for the Sewer Maintenance Division. Municipal Code Section 2.56.270 and Council Resolution No. 6132 authorize the Purchasing Agent to participate in cooperative bids with other government agencies for the purchase of materials of common usage. The City, therefore, is participating in a current City of San Diego bid from Dion International Trucks. Staff recommendation: Council adopt the resolution. (Director of Public Works) 6. RESOLUTION NO. 19711, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING $19,144 FROM CHULA VISTA TRANSIT'S AND THE CORPORATION YARD PUBLIC FACILITIES DIP S (CORPORATION YARD DIF) AVAILABLE FUND BALANCES FOR ADDITIONAL FUNDS REQUIRED FOR THE PURCHASE OF A SERVICE/COMPRESSOR TRUCK In the FY 1999/00 budget, Council approved funding for a new Senior Maintenance Worker in Public Works Operations, along with funds to purchase a service/compressor truck to be shared with Chula Vista Transit. Municipal Code Section 2.56.270 and Council Resolution No. 6132 authorize the Purchasing Agent to participate in cooperative bids with other government agencies for the purchase of materials of common usage. The City, therefore, is participating in a current City of San Diego bid from Fuller Ford of Chula Vista for a net total cost of $53,144.02. Staff recommendation: Council adopt the resolution. (Director of Public Works) Page 2 - Council Minutes 12/14/99 CONSENT CALENDAR (Continued) 7. RESOLUTION NO. 19712, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AWARDING A PURCHASE AGREEMENT IN THE AMOUNT OF $216,332.80 FOR REPLACEMENT AND ADDITIONAL POLICE PATROL SEDANS TO DOWNTOWN FORD THROUGH COOPERATIVE BID WITH THE STATE OF CALIFORNIA The FY 1999/00 equipment maintenance budget provides for the replacement of seven police patrol sedans. The Police Department budgeted for three additional patrol sedans for officers added to the force. Municipal Code Section 2.56.270 and Cotmcil Resolution No. 6132 authorize the Purchasing Agent to participate in cooperative bids with other government agencies for the purchase of materials of common usage. The City, therefore, is participating in a current Los Angeles County bid from Downtown Ford. Staff recommendation: Council adopt the resolution. (Director of Public Works) 8. RESOLUTION NO. 19713, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A RESTRUCTURING, AMENDING THE FISCAL YEAR 1999-2000 BUDGET BY RECLASSIFYING FOUR POSITIONS, ADDING ONE NEW POSITION, TRANSFERRING THREE EXISTING POSITIONS AND APPROPRIATIONS BETWEEN BUDGET UNITS, AND APPROVING ADDITIONAL APPROPRIATIONS OF $54,194 FROM THE AVAILABLE FUND BALANCE IN THE GENERAL FUND (4/5THS VOTE REQUIRED) The request is to approve the restructuring of the organization by reclassifying four top management positions, re-establishing the previous position of Director of Parks and Recreation to manage a reconstituted department, and transferring the positions and related budget of the Training and Organizational unit ~:om Human Resources to Administration. These actions will allow a reassignment of functions and responsibilities to better match the talents of individual managers and provide a framework to work. Staff recommendation: Council adopt the resolution. 9. ORDINANCE NO. 2804, AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING SECTION 2.31.040 B.3 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO THE APPOINTMENT OF EX-OFFICIO MEMBERS OF THE MOBILEHOME RENT REVIEW COMMISSION On April 21, 1992, Ordinance 2502, amending Chapter 2.31 of the Chula Vista Municipal Code relating to the Mobilehome Rent Review Commission, was approved, making certain technical changes and corrections. At such time, Council voted to retain the ex-of~cio memberships, with one member to be a resident and one member to be a park owner. However, the codi~ed version does not reflect what Council approved. Staff is recommending an amendment to Section 2.31.040.B.3. to allow Council to appoint one ex- officio member who shall be a tenant of a mobilehome park and one ex-of~cio member who shall be an owner of a mobilehome park in order to correct Chapter 2.31 of the Municipal Code. Staff recommendation: Council place the ordinance on first reading. (Director of Community Development) Page 3 - Council Minutes 12/14/99 CONSENT CALENDAR (Continued) 10 A. RESOLUTION NO. 19714, 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 $32,750 TO THE LIBRARY AND RECREATION DEPARTMENT BUDGET FOR EXPENDITURES ASSOCIATED WITH THE CHULA VISTA LITERACY TEAM, THE CULTURAL ARTS PROGRAM, THE THERAPEUTICS PROGRAM, THE RECREATION DIVISION AND THE LIBRARY DIVISION (4/5TH'S VOTE REQUIRED) B. RESOLUTION NO. 19715, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE TRANSFER OF $6,400 FROM THE LIBRARY DONATIONS ACCOUNT TO THE FRIENDS OF THE LIBRARY ENDOWMENT FUND AT THE SAN DIEGO FOUNDATION Since July of 1999, the Library and Recreation Department has been receiving donations from various organizations and individuals to support the programs in the Department. At this time, the Department wishes to accept the donations and appropriate and budget the funds for the programs intended to receive the funds. Staff recommendation: Council adopt the resolution. (Director of Library and Recreation) 11. RESOLUTION NO. 19716, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND INNOVATIVE INTERFACES TO PROVIDE SERVICES FOR THE CITY OF CHULA VISTA INTEGRATED ON-LINE SYSTEM (IOLS); AND AUTHORIZING THE DIRECTOR OF FINANCE TO EXECUTE A LEASE-PURCHASE AGREEMENT THAT PROVIDES FUNDING FOR THE IOLS; AND AMENDING THE FISCAL YEAR 1999/2000 BUDGET TO APPROVE AMENDMENTS TO THE CAPITAL IMPROVEMENT PROJECT AND DEBT SERVICE BUDGETS TO REFLECT THESE ACTIONS The Fiscal Year 1998/99 Capital Improvement Program included funds for the replacement of the Library' s nine-year-old, labor intensive, computerized catalog and circulation system with a client-server-based, fully integrated, online library system (IOLS). During the last fiscal year, the Library began preliminary work on the infrastructure necessary to support a new system and on the design and release of a formal Request for Proposal. The selection process for a new IOLS concluded late this summer, with the committee unanimously recommending Innovative Interfaces' Millennium system. Staff recommendation: Council adopt the resolution. (Director of Library and Recreation) 12. RESOLUTION NO. 19717, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE AMENDED AND RESTATED SUBLEASE BETWEEN THE CITY OF CHULA VISTA AND THE EASTLAKE COMPANY, LLC FOR OFFICE SPACE IN EASTERN CHULA VISTA TO HOUSE THE CITY BUILDING INSPECTION SECTION AND A SATELLITE BUILDING PERMIT PROCESSING CENTER, AND AUTHORIZING THE MAYOR TO SIGN THE SUBLEASE AGREEMENT Page 4 - Council Minutes 12/14/99 CONSENT CALENDAR (Continued) In December of 1998, the City subleased 1,626 square feet of office space from the Eastlake Company, LLC, to house the Building Inspectors. The space was needed due to staff growth in the Department of Planning and Building and to space constraints in the Public Services Building. Subsequent Building Inspector staff growth and the desire to establish a satellite Building Permit Processing Center in eastem Chula Vista have necessitated additional office space. The amended and restated sublease provides an additional 1,693 square feet of office space, which will meet space needs for the term of the sublease and facilitate the establishment of a satellite Building Permit Processing Center in eastern Chula Vista. Staff recommendation: Council adopt the resolution. (Director of planning and Building) 13. RESOLUTION NO. 19718, RESOLUTION OF THE CITY COUNCIL OF THE CITy OF CHULA VISTA WAIVING THE CONSULTANT PROCESS AS IMPRACTICAL AND APPROVING AN AGREEMENT WITH PHILIP WILLIAMS & ASSOCIATES (PWA) FOR CONSULTING SERVICES FOR THE SPECIALIZED STREAMBED MEANDER DESIGN OF POGGI CREEK CHANNEL AS PART OF THE OLYMPIC PARKWAY PROJECT AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT The US Army Corps of Engineers recently issued a 404 Permit to the City for the construction of Olympic Parkway within the existing Poggi Creek. One of the conditions of granting this permit was for the City to hire an independent consultant having expertise in stream restoration and enhancement to create an acceptable channel design resulting in a meandering low-flow channel which functions more like natural stream. The 404 Permit conditions further required that the stream meander plan be prepared within a very expedited time frame for submittal to the Corps. Failure to meet the submittal schedule included in the permit will result in significant penalties to the City, including the possible revocation and modification of the permit. Staff recommendation: Council adopt the resolution. (Director of Public Works) With regard to Item # 13, Councilmember Padilla asked what would constitute compliance with 404 permit requirements. Director of Public Works Lippitt stated that he would forward a report to the Council on the matter. ACTION: Mayor Horton moved to approve staff recommendations and offered the Consent Calendar, headings read, texts waived. The motion carded 5-0. ORAL COMMUNICATIONS There were none. PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 14. PUBLIC HEARING ON THE ACQUISITION OF CERTAIN PROPERTY RIGHTS ON A PORTION OF LAND LOCATED WITHIN VILLAGE FIVE OF THE OTAY RANCH SPA ONE FOR THE CONSTRUCTION OF A PASEO AND PARK P-9 Page 5 - Council Minutes 12/14/99 PUBLIC HEARINGS (Continued) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA FINDING THE DECLARING PUBLIC INTEREST AND NECESSITY FOR ACQUIRING AND AUTHORIZING CONDEMNATION AND IMMEDIATE POSSESSION OF CERTAIN REAL PROPERTIES FOR FEE SIMPLE, AND PERMANENT AND TEMPORARY SLOPE AND DRAINAGE EASEMENT INTERESTS TO SATISFY OFF-SITE CONDITIONS FOR OTAY RANCH SPA ONE, CHULA VISTA TRACT 97-02 CTM 97-02") FOR THE OTAY RANCH PASEO AND PARK PROJECT The purpose of the hearing is to consider approval of a resolution to initiate eminent domain proceedings to acquire the fee simple of a portion of land that will accommodate portions of the Paseo and Park P-9 in Village Five of Otay Ranch SPA One. The condemnation would also include the granting of temporary and permanent easements for slope and drainage purposes, which are necessary to construct said paseo and park. 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. ACTION: Mayor Horton moved to continue the hearing to January 11, 2000, as requested by staff. Councilmember Davis seconded the motion, and it carried 4-0-1, with Deputy Mayor Moot abstaining. 15. CONSIDERATION OF MODIFICATION OF THE EXISTING TRANSPORTATION DEVELOPMENT IMPACT FEE ORDINANCE NO. 2801-B, AN URGENCY ORDINANCE OF THE CITY OF CHULA VISTA, CALIFORNIA AMENDING ORDINANCE NO. 2251, RELATING TO DEVELOPMENT IMPACT FEE TO PAY FOR THE TRANSPORTATION FACILITIES IN THE CITY'S EASTERN TERRITORIES (4/STH'S VOTE REQUIRED) On November 16, 1999, Council approved Urgency Ordinance No. 2801-A, amending the Transportation Development Impact Fee (TDIF) Ordinance and Ordinance 2802, codifying the new Transportation Development Impact Fee. Adoption of the proposed Urgency Ordinance will enable the City to continue to collect the fee during the 60-day waiting period before Ordinance 2802 becomes effective. 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 heating and asked if anyone from the audience wished to speak; there was no response. She then closed the heating. ACTION: Cotmcilmember Padilla offered Ordinance No. 2801-B, heading read, text waived. The motion carried 5-0. Page 6 - Council Minutes 12/14/99 HEARINGS (Continued) 16. CONSIDERATION OF THE FORMATION OF A REIMBURSEMENT DISTRICT FOR THE CONSTRUCTION OF THE PROCTOR VALLEY TRUNK SEWER RESOLUTION NO. 19719, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APpROVING THE ALLOCATION OF COSTS, AUTHORIZING THE FORMATION OF A REIMBURSEMENT DISTRICT FOR CONSTRUCTION OF THE PROCTOR VALLEY TRUNK SEWER AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO ENTER INTO A REIMBURSEMENT AGREEMENT WITH PACIFIC BAY HOMES In July of 1992, the Baldwin Company completed the installation of approximately 9,800 linear feet of sewer line in Proctor Valley Road. The sewer facility was oversized to provide sewer capacity for all properties located within the Proctor Valley gravity sewer basin. On March 2, 1999, Council adopted Resolution 19381, initiating proceedings for the formation of a reimbursement district requested by Pacific Bay Homes for construction of the Proctor Valley Trunk Sewer and calling a public hearing. Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at tile time specified in the notice. Mayor Herton opened the public hearing and asked if anyone from the audience wished to speak; there was no response. She then closed the hearing. ACTION: Mayor Horton offered Resolution No. 19719, heading read, text waived. Themotion carried 5-0. 17. CONSIDERATION OF AMENDMENT TO SECTION 3.9 OF THE CHULA VISTA GAMING PLAN RESOLUTION NO. 19720, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING SECTION 3.9 OF THE CHULA VISTA GAMING PLAN RELATING TO THE ISSUANCE OF WORK PERMITS On January 1, 1998, the New Gambling Control Act and the Business and Professions Code Sections 19851 and 19910.5 became effective and are binding on local jurisdictions. Cities like Chula Vista that have an ordinance governing gambling operations are required to amend their ordinances or gaming plans to comply with the provisions of the Business and Professions Code sections above. After a review of the City's Municipal Code relating to gambling and of the Chula Vista Gaming Plan, it was determined that Section 3.9 of the Gaming Plan relating to the issuance of work permits needs to be amended to comply with state law. Notice of the heating was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Mayor Herton opened the public heating and asked if anyone from the audience wished to speak; there was no response. She then closed the heating. ACTION: Councilmember Salas offered Resolution No. 19720, head'rag read, text waived. The motion carded 5-0. Page 7 - Council Minutes 12/14/99 HEARINGS (Continued) 18. RESOLUTION NO. 19721, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA GRANTING A CONDITIONAL USE PERMIT, PC-00-08, TO GTE WORLDWIDE TELECOMMUNICATION SERVICES TO CONSTRUCT AN UNMANNED CELLULAR COMMUNICATIONS FACILITY AT 700 EAST NAPLES STREET GTE Worldwide Telecommunications Services has requested permission to construct and operate an unmanned cellular communications facility at 700 East Naples. The project would consist of an equipment building and a 31 -foot-high streetlight (monopole) supporting two directional (panel) antennas. The monopole location is proposed to be adjacent to the Veteran's Home facility, which is presently under construction. 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 heating and asked if anyone from the audience wished to speak; there was no response. She then closed the heating. ACTION: CouncilmemberSalasofferedResolutionNo. 19721, heading read, text waived. The motion carried 5-0. ACTION ITEMS 19. RESOLUTION NO. 19722, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROV1NG MEMORANDUM OF UNDERSTANDiNG BETWEEN THE CITY OF CHULA VISTA AND THE METROPOLITAN TRANSIT DEVELOPMENT BOARD FOR TRANSIT/LAND USE COORDINATION The Metropolitan Transit District (MTDB) Board has worked with representatives of local jurisdictions within its service area to prepare a model Memorandum of Understanding (MOU) regarding coordination on transit and land use matters. The MOU would commit the City to providing MTDB staff with an opportunity to review and comment on local plans and development projects that are related to transit issues. At the same time, it would commit MTDB to consider transit-friendly community design as an important factor in evaluating the allocation of transit improvement funding. Planning and Building Director Leiter explained the proposed MOU and stated that a representative from MTDB was present to answer Council questions. ACTION: Mayor Horton offered Resolution No. 19722, heading read, text waived. Themotion canied 5-0. Page 8 - Council Minutes 12/14/99 ACTION ITEMS (Continued) 20. RESOLUTION NO. 19723, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AMENDMENTS TO THE SUBLEASE BETWEEN THE CITY OF CHULA VISTA AND HOUSE OF BLUES CONCERTS, INC.; RELATING TO THE PERFORMING AND VISUAL ARTS TASK FORCE; THE APPLICATION AND DISBURSEMENT PROCESS OF FUNDS FROM A PORTION OF TICKET SALES AT THE COORS AMPHITHEATER; THE ALLOCATION PROCESS FOR THE COMMUNITY USE DAYS; AND AUTHORIZING STAFF TO PREPARE A FORMAL AMENDMENT FOR EXECUTION BY THE MAYOR; AND AMENDING THE FY 99/00 BUDGET BY APPROPRIATING UNANTICIPATED REVENUE IN THE AMOUNT OF $64,422 TO THE LIBRARY AND RECREATION DEPARTMENT BUDGET FOR EXPENDITURES ASSOCIATED WITH THE PERFORMING ARTS FUND In 1997, the City Council approved a sublease with House of Blues Concerts, Inc. that established a process whereby ticket sales proceeds at Coors Amphitheater would be paid to the City and utilized for a Performing Arts Fund; and the City was granted a license to use the amphitheater facility for 18 calendar days per year. In February 1999, a Task Force appointed by the Mayor began drafting criteria for the allocation of the Performing Arts Fund and the community use days, as well as a process to administer these allocations. The Task Force has now completed these tasks. Library and Recreation Director Palmet presented an overview of the Performing Arts Fund, the criteria for community use of the facility, and the work undertaken by the Task Force. ACTION: CouncilmemberDavisofferedResolufionNo. 19723, heading read, text waived. The motion carried 5-0. OTHER BUSINESS 21. CITY MANAGER'S REPORTS There were none. 22. MAYOR'S REPORTS There were none. 23. COUNCIL COMMENTS Councilmember Salas reported on the opening of the South County Regional Center on Oxford Street. Councilmember Padilla wished everyone a happy and safe holiday. At 7:25 p.m., Mayor Horton recessed the meeting to Closed Session. Page 9 - Council Minutes 12/14/99 CLOSED SESSION 24. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b) One case This item was not discussed. 25, CONFBRENCB WITH LEGAL COUNSBL REGARDING INITIATION OF LITIGATION PURSUANT TO GOVBRNMBNT CODB SBCTION 54956.9(b) One case Direction was given to Counsel 26. CONFERENCE WITH LABOR NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 54957.6 City Negotiator: City Manager Employee Organizations: Chula Vista Employees Association, Chula Vista Mid- Managers Association, Western Council of Engineers, Chula Vista Police Officers Association, and Local 2180 International Association of Fire Fighters AFL-CIO No action was taken. At 8:50 p.m., Mayor Horton ad. joumed the meeting to the Regular Meeting of January 4, 2000. Respectfully submitted, Susan Bigelow, CMC/AAE, City Clerk Page 10 - Council Minutes 12/14/99