Loading...
HomeMy WebLinkAboutcc min 2003/09/30 MINUTES OF AN ADJOURNED REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA September 30, 2003 6:00 P.M. An Adjourned Regular Meeting of the City Council of the City of Chula Vista was called to order at 6:17 p.m. in the Council Chambers, located in the Public Services Building, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Councilmembers: Davis, McCann, Salas, and Mayor Padilla ABSENT: Councilmembers: Deputy Mayor Rindone (excused) 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: Rosa Robles - Mobilehome Rent Review Commission Steven Zasueta - Housing Advisory Commission City Clerk Bigelow administered the oaths to Rosa Robles and Steven Zasueta, and Councilmember Salas presented each with a certificate of appointment. · PRESENTATION BY POLICE AGENT MICHAEL WALDEN EXPRESSING APPRECIATION FOR CONTINUOUS CITY SUPPORT OF THE OFFICERS DEPLOYED FOR THE WAR IN IRAQ Agent Walden expressed his appreciation for the City's continuous support of the officers deployed to Iraq. He presented Mayor Padilla with a photo board that included Iraq currency, operation flyers, a photograph of the flight crew, and captured artillery pieces. He also presented the Mayor with a plaque of appreciation and a United States flag that was flown during the combat mission. Mayor Padilla expressed his thanks and appreciation on behalf of the City Council and acknowledged all the military personnel who serve and protect our country. Agent Walden then thanked Police Chief Emerson for his support and presented him with a photo th board, a certificate of appreciation, and a United States flag flown in Baghdad on July 4 . CONSENT CALENDAR (Items 1 through 10) Item No. 10 was removed from the Consent Calendar and considered under Action Items at the request of staff. Item No. 5 was pulled for discussion by members of the public. Regarding Item No. 7, Councilmember McCann thanked and recognized the following businesses for their generous donations towards the therapeutic programs: DPR Construction, Murietta Mexican Food, Chula Vista Women's Club, Cal Diego Paralyzed Veterans Association, and RCP Block and Brick. CONSENT CALENDAR (Continued) 1. APPROVAL OF M1NUTES of a Special Meeting held on September 16, 2003. Staff recommendation: Council approve the minutes. 2. WRITTEN COMMUNICATIONS A. Memorandum from Councilmember Rindone requesting an excused absence from this meeting. Staff recommendation: Council excuse the absence. B. Letter of resignation from Doralee Radichel, member of the Child Care Commission. Staff recommendation: Council accept the resignation with regret and direct the City Clerk to post the vacancy in accordance with the Maddy Act. 3. ORDINANCE NO. 2935, ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTION 2.05.010 RELATING TO THE ESTABLISHMENT OF UNCLASSIFIED POSITIONS (SECOND READING AND ADOPTION) The California Border Alliance has requested the addition of a Regional Computer Forensic Library Network Engineer and CBAG Management Assistant. Chula Vista Charter section 500 requires that all unclassified positions not mentioned in Charter section 500 be added by Ordinance. Adoption of the ordinance amends Municipal Code section 2.05.010 to add the unclassified position of Regional Computer Forensic Laboratory Network Engineer. This ordinance was introduced on September 16, 2003. (Chief of Police) Staffrecommendation: Council adopt the ordinance. 4. ORDINANCE NO. __., ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING CHAPTER 2.46 OF THE CHULA VISTA MUNICIPAL CODE, CHANGING THE MEMBERSHIP REQUIREMENTS AND TERM OF OFFICE OF THE YOUTH ADVISORY COMMISSION In April 2003, the Council approved re-establishing the City's Youth Advisory Commission for a four-year trial period. During the initial process to appoint new commissioners, it was determined that changes needed to be made in the ordinance related to membership requirements and term of office. (Assistant City Manager Palmer) Staff recommendation: Council place the ordinance on first reading. 6. RESOLUTION NO. 2003-412, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING CONTRACT FOR THE TRAFFIC SIGNAL DETECTION REPLACEMENT PROGRAM IN THE CITY OF CHULA VISTA (PROJECT TF-295) Page 2 - Council Minutes 09/30/03 CONSENT CALENDAR (Continued) On August 20, three sealed bids were received for this project. The scope of the project includes the replacement of defective traffic signal loop detectors with new loop detector installations or with video detection cameras. Replacement of defective traffic signal detectors will allow detection-actuated traffic signals to work more efficiently, thereby reducing delays for motorists. (Director of Engineering) Staff recommendation: Council adopt the resolution. 7. RESOLUTION NO. 2003-413, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMEND1NG THE FISCAL YEAR 2004 RECREATION DEPARTMENT BUDGET BY APPROPRIATING $900 1N UNANTICIPATED REVENUE FROM DONATIONS FOR THE THERAPEUTICS SECTION The Therapeutics Section of the Recreation Department recently received five donations from local and area businesses and organizations. The Recreation Department has requested that $900 of these donations be appropriated so that equipment and supplies may be purchased to support Therapeutic programs and activities. (Director of Recreation) Staff recommendation: Council adopt the resolution. 8. RESOLUTION NO. 2003-414, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CHULA VISTA AND CHULA VISTA MIDDLE SCHOOL, FOR THE PROVISION OF EXTENDED AFTER- SCHOOL PROGRAM HOURS, AMENDING THE FISCAL YEAR 2004 RECREATION DEPARTMENT BUDGET BY APPROPRIATING $12,524 IN UNANTICIPATED REVENUE, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT Chula Vista Middle School has been awarded a state grant for the provision of additional after-school programming hours. The school has asked the Recreation Department to provide these services, via a memorandum of understanding, for $12,524. These hours are in addition to the existing after-school hours provided by the Department to the school. (Director of Recreation) Staff recommendation: Council adopt the resolution. 9. RESOLUTION NO. 2003-415, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE SUBMITTAL OF AN APPLICATION TO THE CALiFORNIA STATE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT FOR FUNDING UNDER THE CALHOME PROGRAM Page 3 - Council Minutes 09/30/03 CONSENT CALENDAR (Continued) The California Department of Housing and Community Development (HCD) has issued a notice of funding availability for the CalHome Program. The City qualifies to apply for up to $500,000 that can be used to fund owner-occupied housing units. If selected for such funding, the funds will be used to augment and expand the City's Community Housing Improvement Program, which provides loans and grants to rehabilitate single- family and mobile homes within the City. (Director of Community Development) Staff recommendation: Council adopt the resolution. ACTION: Mayor Padilla moved to approve staff's recommendations and offered Consent Calendar Items 1 through 4 and 6 through 9, headings read, texts waived. The motion carded 4-0, with Deputy Mayor Rindone absent. ORAL COMMUNICATIONS There were none. ACTION ITEMS 10. RESOLUTION NO. 2003-416, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTiNG A REPORT REGARDING HISTORIC PRESERVATION IN CHULA VISTA, AND DIRECTING STAFF TO DETERMINE THE RESOURCES NEEDED TO IMPLEMENT THE RECOMMENDATIONS OF THE REPORT City Staff and an ad hoc historic preservation committee conducted an overall evaluation of historic preservation in Chula Vista. Staff and the committee have completed their work and have presented their findings in the report. (Director of Planning and Building) Acting Planning and Building Director Sandoval introduced Associate Planner Lopez, who presented the report, endorsed by the ad hoc committee, on historic preservation within the City. Councilmember Salas said she hoped the City would soon embark on an inventory of historical homes and structures and also expressed the need to educate the public on the importance of structure preservation. She suggested the establishment of a commission dedicated to historical preservation. Councilmember Davis commended the ad hoc committee on a job well done and also thanked the volunteers involved. She conveyed the need to move forward in a timely manner. ACTION: Councilmember Salas then offered Resolution No. 2003-416, heading read, text waived. The motion carried 4-0. Page 4 - Council Minutes 09/30/03 ACTION ITEMS (Continued) 11. CONSIDERATION OF A PRELIMINARY CONCEPTUAL RIGHT-OF-WAY IMPROVEMENT PLAN FOR F STREET FROM FOURTH AVENUE TO ITS TERMINUS AT THE BAYFRONT (Continued from the meeting of 9/16/03) The report identifies the F Street corridor, from Fourth Avenue to its terminus at the Bayfront, as an area that has the potential for cohesive street improvements at an undetermined time in the future. It is expected that with Council acceptance of the preliminary conceptual plan, it will be incorporated into other, more comprehensive planning documents addressing the western portion of the City. (Director of General Services) Director of General Services Griffin introduced Jeff Causey, representing Carder Johnson, who presented ideas and two different schemes for connecting the Bayfront to the Civic Center. Patricia Aguilar stated that F Street and Third Avenue are important connectors to the Bayfront and suggested that a shuttle service be included in future plans to connect the various elements. She also stated that the conceptual plan is an excellent first step and conveyed her preference for the "neighborhood celebration" scheme, since it does not separate the old and new elements. She believed that more attention should be placed on the street intersections, making them individually distinguishable, and recommended engineering studies on the F Street right-of-way. Ms. Aguilar spoke in support of staff's recommendation. ACTION: Councilmember Davis offered Resolution No. 2003-417, heading read, text waived: RESOLUTION NO. 2003-417, RESOLUTION OF THE CITY COUNC1L OF THE CITY OF CHULA VISTA ACCEPTING A PRELIMINARY CONCEPTUAL RIGHT-OF-WAY IMPROVEMENT PLAN FOR F STREET FROM ITS INTERSECTION WITH FOURTH AVENUE TO ITS TERMINUS AT THE BAYFRONT AND DIRECTING STAFF TO INCORPORATE THE PROPOSAL IN FUTURE PLANNING DOCUMENTS FOR FINAL CITY COUNCIL CONSIDERATION The motion carried 4-0. 12. CONSIDERATION OF AN AMENDMENT TO THE FIVE-YEAR TRANSNET LOCAL STREETS AND ROADS PROGRAM OF PROJECTS FOR FISCAL YEARS 2002/2003 THROUGH 2006/2007 TO THE SAN DIEGO ASSOCIATION OF GOVERNMENTS (SANDAG) FOR INCLUSION IN THE REGIONAL TRANSPORTATION IMPROVEMENT PROGRAM (RTIP) SANDAG has requested that local agencies submit requests for amendments to existing projects included in the current Regional Transportation Improvement Program (RTIP). The current 2002-2007 RTIP includes regionally significant Chula Vista transportation projects covering Fiscal Years 2002/2003 through 2006/2007. The annual development and approval of the RTIP by SANDAG are requirements for the continued receipt of state and federal transportation project funding. The "Proposition 'A' TransNet Transportation Improvement Program - Ordinance and Expenditure Plan" also requires that all proposed projects funded with TransNet funds be included in the RTIP. Chula Vista's proposed amendments to the RTl]? involve increasing the amount of TransNet funding for existing capital improvement program projects for Chula Vista. (Director of Engineering) Page 5 - Council Minutes 09/30/03 ACTION ITEMS (Continued) ACTION: Councilmember Davis offered Resolution No. 2003-418, heading read, text waived: RESOLUTION NO. 2003-418, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROViNG THE AMENDMENT TO THE FIVE-YEAR TRANSNET LOCAL STREETS AND ROADS PROGRAM OF PROJECTS FOR FISCAL YEARS 2002/2003 THROUGH 2006/2007 TO THE SAN DIEGO ASSOCIATION OF GOVERNMENTS (SANDAG) FOR iNCLUSION iN THE REGIONAL TRANSPORTATION IMPROVEMENT PROGRAM (RTIP) The motion carded 4-0. Councilmember McCann left the meeting at this point, 7:09 p.m. ITEMS PULLED FROM THE CONSENT CALENDAR 5. RESOLUTION NO. 2003-411, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ORDERiNG THE SUMMARY VACATION OF ALL EASEMENTS IN THE HALECREST ESTATES SUBDIVISION CALLED OUT AS "6' OR 12' PUBLIC UTILITY EASEMENT" ON MAP NO. 4339 Yasmin McIntyre, owner of the property located at 538 East J Street, Lot 189 of Map No. 4339, has requested the vacation of a public utility easement located along the rear portion of the property. In accordance with Section 7050 of the California Government Code, and Chapter 4, Sections 8333 and 8335 of the California Streets and Highways Code, this type of vacation may be performed summarily through adoption of a resolution ordering said vacation. (Director of Engineering) · Staffrecommendation: Council adopt theresolution. Gary Wilson requested confirmation that the City would be vacating the easements. Director of Engineering Swanson explained that when the City vacated the easement, all rights would be relinquished for utility companies to place overhead lines in Mr. Wilson's backyard. Max Lamb asked who would own the land, once the City vacated it. Director of Engineering Swanson replied that the property owner would own the land. Mr. Lamb asked who is responsible for maintaining the water culvert that runs from the top to the bottom of Halecrest Drive. Mr. Swanson responded that the property owners are responsible, and he added that the City has never maintained that particular drainage area. Mr. Lamb asked whether he is responsible for the piece of property being vacated. Mr. Swanson replied affirmatively. ACTION: Councilmember Davis offered Resolution No. 2003-411, heading read, text waived. The motion carried 3-0. Page 6 - Council Minutes 09/30/03 OTHER BUSINESS 13. CITY MANAGER'S REPORTS There were none. 14. MAYOR'S REPORTS · Discussion and Council direction regarding membership in Heartland Communications Facility Authority (HCFA) and policy options. (Continued from the meeting of 9/16/03) Mayor Padilla requested that this item be continued to October 7, 2003. 15. COUNCIL COMMENTS · Councilmember Davis: CONSIDERATION OF COUNCIL POSITION OPPOSING PROPOSITION 54, "CLASSIFICATION BY RACE, ETHNICITY, COLOR OR NATIONAL ORIGIN" Recommendation: Council adopt a position opposing Proposition 54. Councilmember Davis recommended that the Council oppose the proposition in order to notify the community that it is not in the best interests of the City. Mayor Padilla concurred, stating that the proposed proposition would render the City blind and that it is draconian in its application. He stated that one of the methods by which progress is measured in certain areas is by possessing the ability to collect data. Councilmember Salas concurred, stating that most major medical groups are opposed to Proposition 54. She also stated that the Board of Directors for the Greater San Diego Regional Chamber of Commerce voted against the proposed proposition. ACTION: Councilmember Davis moved to oppose Proposition 54. Councilmember Salas seconded the motion, and it carried 3-0. Councilmember Salas commented on the success of the recent Taste of the Arts event, stating that over 200 tickets were sold; and she congratulated the Downtown Business Association. CLOSED SESSION 16. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8 Page 7 - Council Minutes 09/30/03 CLOSED SESSION (Continued) Property: San Diego Gas & Electric - Gas and Electricity Franchise (pertaining to public rights-of-way throughout the City of Chula Vista) City negotiators: David Rowlands, Jr., Sid Moms, Michael Meacham, Glen Googins Negotiating Parties: City of Chula Vista and San Diego Gas & Electric (various representatives) Under Negotiation: Price and terms of franchise conveyance This item was not discussed. 17. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTiNG LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) · Application of SDG&E for Authority to Update its Gas and Electric Revenue Requirement and Base Rates (Doc. No. A-02-12-028) · City of Chula Vista v. C & S Doctor, Inc. (SDSC No. GIC 787174) · C & S Doctor, Inc. v. City of Chula Vista (SDSC No. GIC 803780) The abovementioned items were not discussed. · Grippi v. City of Chula Vista (SDSC No. GIC 801393) · Wert v. City of Chula Vista (USDC No. 03 CV 1156K) No action was taken on the abovementioned items. · City of Chula Vista v. Otay Land Company, LLC, a Delaware Limited Liability Company, et al. (GIC796139-1) ACTION: Council approved association of Counsel Mark Dillon. 18. CONFERENCE WITH REAL PROPERTY NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 54956.8 Property: The Chula Vista Mtmicipal Golf Course on Bonita Road and adjacent acreage owned by the City Agency Negotiator: Sid Morris Negotiating Parties: City of Chula Vista (Sid Moms), American Golf Corporation (Brian Jackson) Under Negotiation: Price, terms, and disposition of lease This item was not discussed. Page 8 - Council Minutes 09/30/03 CLOSED SESSION (Continued) 19. CONFERENCE WITH LEGAL COUNSEL REGARDING INITIATION OF LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(c) · Three cases This item was not discussed. ADJOURNMENT At 8:30 p.m., Mayor Padilla adjourned the meeting to the Regular Meeting of October 7, 2003, at 4:00 p.m. in the Council Chambers. Susan Bigelow, CMC, City Clerk Page 9 - Council Minutes 09/30/03