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HomeMy WebLinkAboutcc min 2003/05/20 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA May 20, 2003 6:00 P.M. A Regular Meeting of the City Council of the City of Chula Vista was called to order at 6:08 p.m. in the Council Chambers, located in the Public Services Building, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Councilmembers: Davis, McCann, Rindone, Salas, and Mayor Padilla ABSENT: Councilmembers: None ALSO PRESENT: City Manager Rowlands, City Attorney Moore, and City Clerk Bigelow PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY · OATHS OF OFFICE: DONALD SNIDER AND MATT FLACH - BOARD OF APPEALS AND ADVISORS City Clerk Bigelow administered the oath of office to Matt Flach, and Deputy Mayor Rindone presented him with a certificate of appointment. Donald Snider was not present at the meeting. PRESENTATION BY MAYOR PADILLA OF A PROCLAMATION TO JIM THOMAS, RECREATION SUPERVISOR, COMMENDiNG HIM FOR HIS THIRTY- FOUR YEARS OF DEDICATED SERVICE TO THE CITY, SURROUNDING COMMUNITY, AND RECREATION PROFESSION Mayor Padilla read the proclamation, and Deputy Mayor Rindone presented it to Jim Thomas. · PRESENTATION BY CHUCK COLE, REPRESENTATIVE FROM ADVOCATION, iNC., OF A REPORT REGARDING THE MAY REVISE AND THE STATUS OF THE STATE BUDGET PROCESS Intergovernmental Affairs Coordinator Kelly introduced Chuck Cole, who presented details of the May state budget revision and the status of the state budget process. He also presented a summary chart of the state's 2003-04 General Fund expenditures, and preliminary General Fund projection for 2004-05. CONSENT CALENDAR (Items 1 through 12) Staff asked that Items 3A, B, and C be removed from the agenda and tabled indefinitely and that Items 1 lA and B be continued to the meeting of May 27, 2003. With reference to Item No. 5, Deputy Mayor Rindone spoke in support of staft's recommendation, complimenting staff on keeping in mind the costs to the consumer as well as the impacts on the City budget. Regarding Item No. 12, Deputy Mayor Rindone supported staff's recommendation and complimented staff for ensuring that City funds are not used until notice is received by the City of the completion of the clearing of enviroumentally sensitive areas in the project's right-of-way. 1. WRITTEN COMMUNICATIONS · Letter of resignation from Manual Soto, member of the Cultural Arts Commission. Staff recommendation: Council accept the resignation with regret and direct the City Clerk to post immediately in accordance with Maddy Act regulations. 2. ORDINANCE NO. 2909, ORDiNANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING A 30 M.P.H. SPEED LIMIT ON OXFORD STREET, BETWEEN BROADWAY AND THIRD AVENUE, AND AMENDiNG SCHEDULE X OF THE REGISTER AS MAiNTAINED BY THE OFFICE OF THE CITY ENGINEER (SECOND READING AND ADOPTION Based on the provisions of California Vehicle Code Section 22358, and pursuant to authority designated under Chula Vista Municipal Code Section 10.48.020, the City Engineer has determined that, based on a traffic engineering study, the speed limit on Oxford Street between Broadway and Third Avenue should be decreased from the existing posted 35 m.p.h, to 30 m.p.h. (Director of Engineering) Staff recommendation: Council place the ordinance on second reading for adoption. 3 A. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDiNG TITLE 15, CHAPTER 15.04 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO EXCAVATION, GRADING AND FILLS AS IT RELATES TO IMPLEMENTATION OF THE MULTIPLE SPECIES CONSERVATION PROGRAM SUBAREA PLAN (SECOND READING AND ADOPTION) B. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING CHAPTER 17 OF THE CHULA VISTA MUNICIPAL CODE TO REPEAL SECTION 17.30 RELATING TO INTERIM COASTAL SAGE SCRUB HABITAT LOSS PERMIT PROCESS, AND 1N ITS PLACE, ADD THE OTAY RANCH GRAZING FOR iMPLEMENTATION OF THE MULTIPLE SPECIES CONSERVATION PROGRAM SUBAREA PLAN (SECOND READING AND ADOPTION) Page 2 - Council Minutes 05/20/03 CONSENT CALENDAR (Continued) C. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING CHAPTER 17 OF THE CHULA VISTA MUNICIPAL CODE TO ADD SECTION 17.35 RELATING TO HABITAT LOSS AND INCIDENTAL TAKE FOR IMPLEMENTATION OF THE MULTIPLE SPECIES CONSERVATION PROGRAM SUBAREA PLAN (SECOND READING AND ADOPTION) D. ORDINANCE NO. 2913, ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AMENDMENTS TO THE SALT CREEK RANCH PLANNED COMMUNITY DISTRICT REGULATIONS TO AMEND THE ZONING DISTRICTS MAP AND PROPERTY DEVELOPMENT STANDARDS TO DELETE NEIGHBORHOOD 13, CHANGE THE DESIGNATION OF NEIGHBORHOOD 9 FROM SFE TO SF1, AND REDUCE THE MINIMUM LOT SIZE OF NEIGHBORHOOD 9 FROM 15,000 TO 10,000 SQUARE FEET (SECOND READING AND ADOPTION) The Multiple Species Conservation Program (MSCP) Subregional Plan is a comprehensive, long-term habitat conservation planning program that addresses the habitat needs of sensitive species through preservation of native vegetation communities within southwestern San Diego County. The City's Final MSCP Subarea Plan has been prepared to implement the MSCP Subregional Plan within the City of Chula Vista and will form the basis for issuance of federal and state incidental take permits to the City for 86 species covered by the City's Subarea Plan. The Subarea Plan and associated implementing documents will establish a preserve of approximately 5,000 acres that will be assembled over time and will also allow the City to issue permits for development projects that may impact covered species. (Director of Planning and Building) Staff recommendation: Council place the ordinances on second reading for adoption. 4. RESOLUTION NO. 2003-202, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 08-M (VILLAGE 6 - MCMILLIN OTAY RANCH AND OTAY RANCH COMPANY) DECLARING THE RESULTS OF A SPECIAL ELECTION IN IMPROVEMENT AREA NO. 1 OF SUCH COMMUNITY FACILITIES DISTRICT On March 25, 2003 the City Cotmcil initiated the change and modification proceedings by the adoption of Resolution 2003-108. Adoption of this resolution concludes the formal proceedings to change and modify the special tax rates for Improvement Area No. 1 of Community Facilities District (CFD) 0$-M. Special taxes levied within the CFD will fund perpetual operation and maintenance of slopes, medians and parkways and storm water treatment facilities associated with Village 6. The City has retained the services of MuniFinancial as special tax consultant and Best Best and Krieger LLP as legal counsel to provide assistance during the proceedings. (Director of Engineering) Staff recommendation: Council adopt the resolution. Page 3 - Council Minutes 05/20/03 CONSENT CALENDAR (Continued) 5. RESOLUTION NO. 2003-203, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT WITH MUNIF1NANClAL FOR APPORTIONMENT SERVICES FOR CITY ASSESSMENT DISTRICTS FOR FISCAL YEARS 2003/2004 THROUGH 2005/2006, WITH PROVISION FOR TWO OPTIONAL ONE-YEAR EXTENSIONS THROUGH FISCAL YEAR 2007/2008, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT The proposed agreement will retain the services of MuniFinancial to perform the re- spreading of assessments for the City's assessment districts and to prepare the annual collection report to be submitted to the County for inclusion in the property tax bill. The agreement is for a term of three years, with an option for two one-year extensions. This action will ensure that the City's fiduciary responsibility to the bondholders is fulfilled by providing required apportionment and collection services as delineated by the Streets and Highways Code. (Director of Engineering) Staff recommendation: Council adopt the resolution. 6. RESOLUTION NO. 2003-204, RESOLUTION OF TIlE CITY COUNCIL OF TIlE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2002/2003 POLICE BUDGET, AND APPROPRIATING $135,000 FOR LIVESCAN SERVICES BASED UPON UNANTICIPATED The Police Department has recently experienced an increase in the number of requests for Livescan service. The Livescan service fee may include a City fee, a Department of Justice fee, as well as an FBI fee, depending on the need of the customer. The increased volume in Livescan service necessitates an adjustment to the Police budget. (Chief of Police) Staff recommendation: Council adopt the resolution. 7. RESOLUTION NO. 2003-205, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2003 PLANNING AND BUILDING DEPARTMENT BUDGET BY TRANSFERRING $66,000 FROM THE SUPPLIES & SERVICES EXPENDITURE CATEGORY TO THE CAPITAL EXPENDITURE CATEGORY FOR THE PURCHASE OF THREE VEHICLES AND COMPUTERS FOR THE CODE ENFORCEMENT PROGRAM On April 9, 2003, the Council identified improved code enforcement as one of the City's top priorities. In response, the Fiscal Year 2004 proposed budget includes three new staff for code enforcement to implement a proactive code enforcement program. Council policy requires that Council approve transfers between expenditure categories of more than $15,000. It is recommended that Council approve a transfer from supplies and services to capital to purchase the vehicles and computers this year with budgetary savings so that once new staff are approved and hired there will be no delay in beginning desired field work. (Director of Planning and Building) Staff recommendation: Council adopt the resolution. Page 4 - Council Minutes 05/20/03 CONSENT CALENDAR (Continued) 8. RESOLUTION NO. 2003-206, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING CONTRACT FOR THE OTAY PARK RENOVATION - NEW RESTROOM PROJECT, IN THE CITY OF CHULA VISTA (PROJECT PR-240) TO HAR CONSTRUCTION 1NC., IN THE AMOUNT OF $146,009.68 This project provides for improvement work within the existing Otay Park. The improvement work to be done includes grading, excavation and compaction, demolition of existing restroom, construction of a new ADA restroom with a storage facility, and ADA accessible walkways. (Director of Building and Park Construction) Staff recommendation: Council adopt the resolution. 9. RESOLUTION NO. 2003-207, RESOLUTON OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA REJECTING BIDS FOR LOS NllqOS AND GREG ROGERS PARKS NEW RESTROOM PROJECT 1N THE CITY OF CHULA VISTA (PROJECT PR 214) The Director of Building and Park Construction received sealed bids for this project on April 16, 2003. The work consists of the demolition of existing restrooms at Los Nifios and Greg Rogers Parks and the construction of new restrooms. (Director of Building and Park Construction) Staff recommendation: Council adopt the resolution. 10. RESOLUTION NO. 2003-208, RESOLUTION OF THE CITY COUNCiL OF THE CITY OF CHULA VISTA RATIFYING THE SUBMITTAL OF AN APPLICATION TO THE DEPARTMENT OF CONSERVATION DIVISION OF RECYCLING (DOR) FOR $53,830 FOR LITTER REDUCTION AND RECYCLING ACTIVITIES, AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL DOCUMENTS IN CONJUNCTION WITH EXECUTING THE ACTIVITIES The Beverage Container and Litter Reduction Act requires California businesses that sell beverage containers in the State to collect a deposit from consumers when they purchase drinks in containers under a gallon. Historically, the deposit fired has carded a large annual surplus. The act now requires the Department of Conservation - Division of Recycling to make annual payments to local governments for litter reduction and collection programs that encourage recycling. If the City does not accept the funds, Chula Vista's portion will be returned to the state's beverage deposit fund. (Special Operations Manager) Staff recommendation: Council adopt the resolution. Page 5 - Council Minutes 05/20/03 CONSENT CALENDAR (Continued) 11 A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA TRANSFERRING $3,888,945 OF DEVELOPER CONTRIBUTION FROM THE CAPITAL IMPROVEMENT FUND TO THE PARK ACQUISITION AND DEVELOPMENT FUND; UNENCUMBERING $3,888,945 FROM CIP PROJECT PR- 238 (NEIGHBORHOOD PARK CONSTRUCTION SUNBBOW DEVELOPMENT) FROM THE CAPITAL IMPROVEMENT FUND; AND APPROPRIATiNG $3,420,117 FROM THE AVAILABLE BALANCE OF THE PARK ACQUISITION AND DEVELOPMENT FUND; AND APPROPRIATiNG $866,125 FROM THE AVAILABLE BALANCE OF THE PUBLIC FACILITIES DEVELOPMENT IMPACT FEE FUND TO CIP PROJECT PR-238 (TO BE RENAMED VETERANS PARK) B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROViNG A DESIGN BUILD AGREEMENT WITH DOUGLAS E. BARNHART, INC., FOR THE PROVISION OF SERVICES REQUIRED TO DESIGN AND CONSTRUCT VETERANS PARK, LOCATED ALONG EAST PALOMAR BETWEEN DAVIES DRIVE AND MEDICAL CENTER COURT IN EASTERN CHULA VISTA, AND AUTHORIZiNG THE MAYOR TO EXECUTE SAID AGREEMENT The Council previously approved CIP project PR-238 and the Master Plan for Veterans Park, which conceptually designed and provided for the construction of a completed and fully functional park and recreation center. The project is ready to begin the design phase. Adoption of the resolutions appropriates needed funds to design and construct the project and award Douglas E. Bamhart, Inc. the design build agreement for Veterans Park. (Director of Building and Park Construction) Staff recommendation: Council continue this item to the meeting of May 27, 2003. 12. RESOLUTION NO. 2003-209, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT FOR CONTRIBUTION OF FUNDS BY AND BETWEEN THE CITY OF CHULA VISTA AND SAN DIEGO EXPRESSWAY, L.P., A CALIFORNIA LIMITED PARTNERSHIP, THROUGH CALIFORNIA TRANSPORTATION VENTURES, INC., A CALIFORNIA CORPORATION, ITS GENERAL PARTNER, AND APPROPRIATING $1,414,500 FROM THE iNTERIM STATE ROUTE 125 DEVELOPMENT IMPACT FEE FUND California Transportation Ventures, Inc. (CTV) and the plaintiffs in the lawsuit involving State Route 125 (SR-125) are interested in reaching a settlement. In conjunction therewith, the City, the developers, and CTV have also been in discussions regarding a local contribution toward the settlement. This item is an agreement between the City and CTV concerning the use of Interim SR-125 Development Impact Fee monies to assist in that endeavor. By so doing, the City will help assure the timely construction of the SR- 125 toll road facility, which is an integral part of our transportation system. (City Manager) Staff recommendation: Council adopt the resolution. Page 6 - Council Minutes 05/20/03 CONSENT CALENDAR (Continued) ACTION: Mayor Padilla moved to approve staff's recommendations and offered the balance of the Consent Calendar, Item No. 1 and No. 2, Item No. 3D through No. 10, and No. 12, headings read, texts waived. The motion carried 5-0. ORAL COMMUNICATIONS There were none. PUBLIC HEARINGS 13. CONSIDERATION OF THE CHANGE AND MODIFICATION OF COMMUNITY FACILITIES DISTRICT NO. 07-M, IMPROVEMENT AREA NO. 2 On April 15, 2003, the Council initiated the Community Facilities District (CFD) 07-M (Eastlake - Woods, Vistas and Land Swap) change and modification by the adoption of Resolution 2003-149. Adoption of this resolution is the next step in the formal proceedings to change and modify the special tax rates in CFD 07-M. The special taxes levied in the CFD will fund perpetual operation and maintenance of slopes, medians and parkways, and storm water treatment facilities associated with the Eastlake Woods and Vistas and the Land Swap parcel. The City has retained the services of MuniFinancial as special tax consultant and Best Best and Krieger LLP as legal counsel to provide assistance during the proceedings. (Director of Engineering) 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 Padilla opened the public heating. There were no members of the public who wished to speak. ACTION: Councilmember Davis moved to continue the hearing to the meeting of May 27, 2003, at the request of staff. Councilmember McCann seconded the motion, and it carried 5-0. 14. CONSIDERATION OF APPROVAL OF THE ANNEXATION OF TERRITORY TO COMMUNITY FACILITIES DISTRICT NO. 07-M, IMPROVEMENT AREA NO. 2 On April 15, 2003, the Council initiated the Community Facilities District (CFD) 07-M (Eastlake - Woods, Vistas and Land Swap) annexation proceedings by the adoption of Resolutions 2003-150 and 2003-151. Adoption of the proposed resolution is the next step in the formal proceedings to annex territory to CFD 07-M, Improvement Area 2. The special taxes levied in the CFD will fund perpetual operation and maintenance of slopes, medians and parkways and storm water treatment facilities associated with the Eastlake Woods and Vistas and the Land Swap parcel. The City has retained the services of MuniFinancial as special tax consultant and Best Best and Krieger LLP as legal counsel to provide assistance during the proceedings. (Director of Engineering) Page 7 - Council Minutes 05/20/03 PUBLIC HEARiNGS (Continued) Notice of the heating was given in accordance with legal requirements, and the heating was held on the date and at the time specified in the notice. Mayor Padilla opened the public hearing. There were no members of the public who wished to speak. ACTION: Councilmember Davis moved to continue the heating to the meeting of May 27, 2003, at the request of staff. Councilmember McCann seconded the motion, and it carried 5-0. OTHER BUSiNESS 15. CITY MANAGER'S REPORTS City Manager Rowlands announced a Special Meeting of the City Council on May 21, 2003, at 5:00 p.m. in the Council Conference Room, for the purpose of a Closed Session. City Manager Rowlands recommended that the meetings of August 5 and August 12, 2003, be cancelled for summer recess. 16. MAYOR'S REPORTS There were none. 17. COUNCIL COMMENTS There were none. CLOSED SESSION 18. CONFERENCE WITH REAL PROPERTY NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 54956.8 Property: San Diego Gas & Electric - Gas and Electricity Franchise (Pertaining to Public Rights of Way throughout the City of Chula Vista) Agency negotiators: David Rowlands, Jr., Sid Morris, Michael Meacham, Glen Googins Negotiating Parties: City of Chula Vista, San Diego Gas & Electric Under Negotiation: Price and Terms of Payment This item was not discussed. Page 8 - Council Minutes 05/20/03 CLOSED SESSION (Continued) 19. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8 Property: Ken Jewish Community, 3510 Tennis Court Lane, Assessor's Parcel No. 589-100-36-00 Agency negotiator: David D. Rowlands, Jr., Sid Morris Negotiating Parties: City of Chula Vista, Ken Jewish Community Under Negotiation: Price, Terms of Payment No action was taken on this item. 20. CONFERENCE WITH LEGAL COUNSEL REGARDING INITIATION OF LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9© · Two Cases This item was not discussed. 21. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b) · One Case This item was not discussed. 22. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTiNG LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) · CityofChulaVistav. BamhartContracting(CVLibrary); San Diego Superior Court Case No. GIS 003859 ACTION: Direction was given to Counsel. ADJOURNMENT At 8:00 p.m., Mayor Padilla adjourned the meeting to a Special Meeting on May 21, 2003, at 5:00 p.m., for the purpose of a Closed Session and thence to an Adjourned Regular Meeting on May 22, 2003 at 4:00 p.m. in the Council Chambers, and thence to a Regular Meeting of May 27, 2003, at 6:00 p.m. in the Council Chambers, and thence to an Adjoumed Regular Meeting on May 29, 2003 at the Corporation Yard at 1800 Maxwell Road at 4:00 p.m. Susan Bigelow, CMC, C~ty Clerk Page 9 - Council Minutes 05/20/03