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HomeMy WebLinkAboutAgenda Packet 2003/10/28October 28, 2003 CALL TO ORDER ROLL CALL: Councilmembers Davis, McCann, Rindone, Salas, and Mayor Padilla PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY PRESENTATION BY MAYOR PADILLA OF PROCLAMATIONS RECOGNIZING THE FOLLOWING TEACHERS OF THE YEAR: · Arlene Fink, County Teacher of the Year (Palomar High School) · Sherroll Stogsdill-Posey, County Teacher of the Year (Chula Vista Elementary School District) · Karen Cliffe, Sweetwater Union High School District Teacher of the Year (Bonita Vista High School) · Rosalee Mason, Sweetwater Union High School District Teacher of the Year (Chula Vista Adult School) PRESENTATION OF A CHECK BY TRACI MILLER, LOWE'S STORE MANAGER, TO THE CHULA VISTA FIREFIGHTERS FOUNDATION CONSENT CALENDAR (Items 1 through 9) The Council will enact the staff recommendations regarding the following items listed under the Consent Calendar by one motion, without discussion, unless a Councilmember, a member of the public, or City staff requests that an item be removed for discussion. If you wish to speak on one of these items, please fill out a "Request to Speak"form (available in the lobby) and submit it to the City Clerk prior to the meeting. Items pulled from the Consent Calendar will be discussed afler Action ltems. Items pulled by the public will be the first iterns of business. 1. APPROVAL OF MINUTES of October 14 and October 21, 2003. Staff recommendation: Council approve the minutes. 2. WRITTEN COMMUNICATIONS · Letter of resignation from Bob McAlister, member of the Safety Commission. Staff recommendation: Council accept the resignation with regret and direct the City Clerk to post the vacancy in accordance with the Maddy Act. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING A 50 M.P.H. SPEED LIMIT ON OLYMPIC PARKWAY, BETWEEN BRANDYWINE AVENUE AND LA MEDIA ROAD, THEREBY AMENDING SCHEDULE X OF A REGISTER MAINTAINED IN THE OFFICE OF THE CITY ENGINEER (SECOND READING AND ADOPTION) Based on the provisions of the California Vehicle Code (CVC), and pursuant to authority under Chula Vista Municipal Code Section 10.48.020, the City Engineer has determined that, in the interest of minimizing traffic hazards and for the promotion of public safety, the speed limit on Olympic Parkway between Brandywine Avenue and La Media Road be established at 50 m.p.h. This ordinance had its first reading on October 21, 2003. (Director of Engineering) Staff recommendation: Council adopt the ordinance. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2004 RECREATION DEPARTMENT BUDGET BY APPROPRIATING $4,525 IN UNANTICIPATED REVENUES FROM COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS TO THE RECREATION DEPARTMENT FOR SENIOR SERVICES (4/5THS VOTE REQUIRED) The Recreation Department's Senior Information and Referral Services Section was awarded $11,225 in Community Development Block Grant (CDBG) funds for Fiscal Year 2003/2004, as part of the South Bay Senior Collaborative, a collaborative comprised of six local agencies. A portion of this funding, or $4,525, was not included in the Council-adopted budget due to the uncertainty of the actual award amount, the timing of the CDBG awards, and the allocation of funds by the Senior Collaborative. The fimds need to be appropriated to supplement funding for two senior service programs, Project Care and Door-to-Door Outreach. (Director of Recreation) Staff recommendation: Council adopt the resolution. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CHULA VISTA AND CASTLE PARK MIDDLE SCHOOL FOR THE PROVISION OF EXTENDED AFTER-SCHOOL PROGRAM HOURS, AMENDING THE FISCAL YEAR 2004 RECREATION DEPARTMENT BUDGET BY APPROPRIATING $3,244 IN UNANTICIPATED REVENUE, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT (4/5THS VOTE REQUIRED) Castle Park Middle School has been awarded a State grant for the provision of additional after-school programming hours. Adoption of the resolution approves a memorandum of understanding with Castle Park Middle School for the provision of extended after-school program hours for $3,244. 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. Page 2 - Council Agenda 10/28/03 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE ROLLING HILLS RANCH SUBAREA III DESILTATION AGREEMENT BETWEEN THE CITY AND MCMILLIN ROLLING HILLS RANCH, LLC, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT On May 13, 2003, the Council approved tentative map no. 92-02A for McMillin Rolling Hills Ranch. The tentative map conditions require that prior to issuance of the first grading permit, the developer shall enter into an agreement to provide for the construction, maintenance and siltation removal of certain existing and proposed drainage improvements for the project. The developer is also required to enter into an agreement to ensure compliance with the new National Pollutant Discharge Elimination System (NPDES) permit recently adopted by the Regional Water Quality Control Board. (Director of Engineering) Staff recommendation: Council adopt the resolution. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FIRST AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE CITY OF SAN DIEGO FOR THE INTERIM USE OF THE OTAY VALLEY TRUNK SEWER (OVTS) LINE TO EXTEND THE AGREEMENT FOR AN ADDITIONAL 15-MONTH PERIOD, AND AUTHORIZING THE MAYOR TO EXECUTE THE FIRST AMENDMENT On November 5, 2002, the City of Chula Vista entered into an agreement with the City of San Diego for the interim use of the Otay Valley Trunk Sewer (OVTS) line. This agreement allowed the City of Chula Vista to temporarily divert up to 2.75 million gallons per day of sewage from the Poggi Canyon Trunk Sewer to the OVTS. The term of the agreement was originally fi-om November 1, 2002 through August 31, 2003, and was based upon the completion date of the Salt Creek Gravity Sewer to which the Poggi Canyon Trunk Sewer would ultimately be connected. Since the completion of the Salt Creek Trunk Sewer will be delayed, this amendment is required to allow the continued use of the OVTS until November 2004. (Director of Engineering) Staff recommendation: Council adopt the resolution. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A DESIGN BUILD AGREEMENT WITH RUDOLPH AND SLETTEN, INC. FOR THE PROVISION OF SERVICES REQUIRED TO DESIGN AND CONSTRUCT SALT CREEK PARK, LOCATED IN THE EASTLAKE TRAILS NEIGHBORHOOD, SOUTH OF OTAY LAKES ROAD, IN EASTERN CHULA VISTA, AND AUTHORIZING THE MAYOR TO EXECUTE SA1D AGREEMENT Adoption of the resolution approves an agreement with Rudolph and Sletten, Inc. for the provision of services required to design and construct Salt Creek Park. The Council previously approved capital improvement program project no. PR251 and the master plan for Salt Creek 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. (Director of General Services) Staffrecommendation: Council adopt the resolution. Page 3 - Council Agenda 10/28/03 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING ADMINISTRATION'S FISCAL YEAR 2004 BUDGET TO INCREASE THE POSITION OF WEBMASTER FROM HALF-TIME (.5 FTE) WITH BENEFITS TO THREE-QUARTER-TIME (.75 FTE) In 2000, the City commissioned an audit of its internal and external communications systems. One of the consultant's primary recommendations was to improve and enhance the City's website. As a result, the website was redesigned and re-launched in October 2002, and a half-time, permanent Webmaster was hired in November 2002. After a year's experience, it is now recommended that the Webmaster position be increased to three-quarter-time permanent due to the work necessary to maintain and enhance the site. (Assistant City Manager Palmer) Staff recommendation: Council adopt the resolution. ORAL COMMUNICATIONS Persons speaking during Oral Communications may address the Council on any subject matter within the Council's jurisdiction that is not listed as an item on the agenda. State law generally prohibits the Council from taking action on any issue not included on the agenda, but, if appropriate, the Council may schedule the topic for future discussion or refer the matter to staff. Comments are limited to three minutes. ACTION ITEMS The items listed in this section of the agenda will be considered individually by the Council, and are expected to elicit discussion and deliberation. If you wish to speak on any item, please fill out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk prior to the meeting. 10. GENERAL PLAN UPDATE STATUS REPORT AND OVERVIEW OF LAND USE CONCEPTS TO BE EVALUATED Since the last General Plan Update (GPU) status report, staff has received community input from the Town Hall II meeting regarding broad land use concepts, and has worked with RBF Consulting to refine that input into more distinct concept proposals. Staff and select consultants have also completed, and reviewed with the GPU citizen committees, the numerous area-wide studies assessing existing conditions and identifying related planning issues and policy implications. This report summarizes the outcomes of those activities. (Acting Director of Planning and Building) Staff recormnendation: Council accept the report, and indicate if the breadth of the land use concepts is sufficient for the purposes of evaluation. ITEMS PULLED FROM THE CONSENT CALENDAR Page 4 - Council Agenda 10/28/03 OTHER BUSINESS 11. CITY MANAGER'S REPORTS 12. MAYOR'S REPORTS 13. COUNCIL COMMENTS CLOSED SESSION Announcements of actions taken in Closed Session shall be made available by noon on Wednesday following the Council Meeting at the City Clerk's office in accordance with the Ralph M. Brown Act (Government Code 54957. 7). 14. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) 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) Grippi v. City of Chula Vista (SDSC No. GIC 801393) Coon v. City of Chula Vista (SDSC No. GIC 802802) 15. DISCUSSION OF APPOiNTMENT OF PUBLIC EMPLOYEE PURSUANT TO GOVERNMENT CODE SECTION 54957 · Title: Planning and Building Director 16. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8 Property: San Diego Gas & Electric - Gas and Electricity Franchise (pertaining to public fights-of-way throughout the City of Chula Vista) City negotiators: David Rowlands, Jr., Sid Morris, 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 Page 5 - Council Agenda 10/28/03 17. CONFERENCE WITH REAL PROPERTY NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 54956.8 Property: Agency Negotiator: Negotiating Parties: The Chula Vista Municipal Golf Course on Bonita Road and adjacent acreage owned by the City Sid Morris City of Chula Vista (Sid Morris), American Golf Corporation (Brian Jackson) Under Negotiation: Price, terms, and disposition of lease ADJOURNMENT to the Regular Meeting of November 4, 2003, at 4:00 p.m. in the Council Chambers. Page 6 - Council Agenda 10/28/03 Off~e of the City Clerk .,nd that I immed do~umem on the bulletin board Iooordlng Brown Act requ)rements. ~ . NOTICE OF CANCELLATION OF MEETING OF CHULA VISTA CITY COUNCIL NOTICE IS HEREBY GIVEN that the Regular Meeting of the Chula Vista City Council scheduled for Tuesday, October 28, 2003, 2003 at 6:00 p.m. has been cancelled. The next Regular Meeting of the City Council will be on Tuesday, November 4, 2003 at 4:00 p.m. in the City Council Chambers in the Public Services Building, 276 Fourth Avenue, Chula Vista, CA. Susan Bigelow, City Clerk I decl~,re unde~ Fc, ncit; ~; p employed by the Oi~' of Chuia ~/iet~, in the Office of the I~lly Clerk and tha! I posted this document on the bulletin board accordln§ to Brown Act requirements('- CITY OF CHULA VISTA EMERGENCY MEETING OF THE CITY COUNCIL AGENDA OCTOBER 28, 2003 2:00 P.M. City Council Conference Room City Hall, 276 Fourth Avenue, Chula Vista CALL TO ORDER ROLL CALL: Councilmembers Davis, McCann, Rindone, Salas, and Mayor Padilla ACTION ITEM RESOLUTION RATIFYiNG THE PROCLAMATION OF LOCAL EMERGENCY ISSUED BY THE CITY DIRECTOR OF EMERGENCY SERVICES AND EXTENDING THE PROCLAMATION UNTIL NOVEMBER 5, 2003, AT 12:00 A.M. ADJOURNMENT to the Regular Meeting of November 4, 2003, at 4:00 p.m. in the Council Chambers, located in the Public Services Building, 276 Fourth Avenue, Chula Vista, Califomia. RESOLUTION - RATIFYING THE PROCLAMATION OF LOCAL EMERGENCY ISSUED BY THE CITY DI]~ECTOR OF EMERGENCY SERVICES AND EXTENDING THE PROCLAMATION UNTIL NOVEMBER 5, 2003 AT 12:00 AM WHEREAS, Chapter 2.14 of the City of Chula Vista ("City") Municipal Code empowers the Director of Emergency Services (the City Manager) to proclaim the existence or threatened existence of a local emergency when the City is affected or likely to be affected by a public calamity and the City Council is not in session; WHEREAS, a meeting of the City Disaster Council was convened by the Chair (the Mayor) and the Director of Emergency Services at or around 9:00 a.m. on October 26, 2003 in order to access the threat posed by multiple uncontrolled fires burning at and around the perimeter of the City, which began on October 25th and 26t~, 2003 ("Fires"); WHEREAS, based upon the input and analysis of the various members of the Disaster Council, including City fire and police department personnel, as of 10:00 a.m. October 26, 2003, the Director of Emergency Services determined that (1) conditions of extreme peril to the safety of persons and property had arisen within the City of Chula Vista caused by the Fires; and (2) these conditions were likely to be beyond the control of the services, personnel, equipment, and facilities of the City; WHEREAS, at that time the City Council of the City was not in session and could not immediately be called into session; WHEREAS, based upon the facts and circumstances set forth above, the Director of Emergency Services declared a local state of emergency throughout the City effective as of 10:00 a.m. on October 26, 2003, pursuant to that certain Proclamation of Local Emergency attached hereto as Exhibit A ("Proclamation"); WHEREAS, the Proclamation shall expire at 12:00 a.m. on October 29, 2003 unless extended by action of the City Council of the City of Chula Vista; WHEREAS pursuant to California Government Code Section 54956.5 an emergency meeting was properly noticed by the City Clerk and called by a majority of the City Council at 2:00 p.m. on October 28, 2003, in order to reassess the threat posed by the multiple fires and the state of local emergency; WHEREAS such reassessment requires the prompt action by the City Council in order to protect the public health and safety; WHEREAS, at the emergency meeting the Director of Emergency Services presented to the City Council the following information: 1. Several large fires are currently burning simultaneously throughout the County of San Diego reqffuing all available emergency personnel to immediately respond on a mutual aid basis. 2. The Chula Vista Fire Department has currently deployed resources necessary to provide immediate assistance for the Cedar Fire and surrounding community. 3. Chula Vista Engines 51, 52, 55, 57, 257 and Brush Engine 54 are currently assigned to the Cedar Fire for structure protection and brush firefighting. 4. Chula Vista Engine 53 was also released from the Camp Pendlcton Fire and reassigned to the Paradise Fire in Valley Center near Paradise Creek. 5. The combined fires throughout the County of San Diego burned over approximately 300,000 acres and resulted in the rapid lost of approximately 1,000 structures and the lost of 12 lives. 6. The Otay Fire posed an extreme threat to the Otay Mountain range and Eastern Chula Vista and the potential for spread of the Otay Fire to the heavily fueled corridors of the City posed a danger to the City of Chula Vista's population and property. 7. The City of Chula Vista has a unique urban interface characteristic of heavily urbanized development located adjacent to wild land. 8. The threat of burning and out of control fires remains a risk to the City depending on fire behavior, unburned fuels and weather conditions. 9. The Chula Vista Fire Department has deployed its resources through the region as part of the mutual aid response to the multiple fires burning within the San Diego County Region which impacts readily available resources for the City. NOW, THEREFORE, based on the facts and circumstances set forth above, the City Council of the City of Chula Vista hereby resolves as follows: The Proclamation issued by the Dkector of Emergency Services is hereby ratified. A state of local emergency is hereby extended unt'fl November 5, 2003 at 12:00 a.m. unless further extended by action of the City Council, or earlier terminated by action of the Director of Emergency Services. During the existence of said local emergency, the powers, functions, and duties of the City Disaster Council and the Director of Emergency Services shall be those prescribed by state law, and by the Charter, ordinances, and resolutions of the City, including, without limitations the provisions of Chula Vista Municipal Code Section 2.14.080. The City Clerk is directed to comply with the posting requirements of Government Code Section 54956.5(e). Submitted by Approve~ as to form David D. Rowlands, Jr. City Manager/Director of Emergency Services Ann Moore City Attorney J:Attomey~Reso~roelamafion of Local Emergency OliVe of the City Clerk and that I IX~ted INe dooument on the bulletin ~a~ ~ W Brown A~_r~q~remen~. ~~~ NOTICE OF CANCELLATION OF MEETING OF CHULA VISTA CITY COUNCIL NOTICE IS HEREBY GIVEN that the Regular Meeting of the Chula Vista City Council scheduled for Tuesday, October 28, 2003, 2003 at 6:00 p.m. has been cancelled. The next Regular Meeting of the City Council will be on Tuesday, November 4, 2003 at 4:00 p.m. in the City Council Chambers in the Public Services Building, 276 Fourth Avenue, Chula Vista, CA. Susan Bigelow, City Clerk