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HomeMy WebLinkAboutcc min 2003/11/04 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA November 4, 2003 6:00 P.M. A Regular Meeting of the City Council of the City of Chula Vista was called to order at 4:11 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 Mayor Padilla spoke of the exceptional dedication, organization, and professionalism of City safety and other personnel throughout the fires. He also thanked the many local businesses and community members who provided food and volunteered their assistance during the emergency. PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE A moment of silence was observed in honor of fire victims and City of Novato Firefighter Steven Rucker, who lost his life fighting to save the lives and properties of others. SPECIAL ORDERS OF THE DAY · INTRODUCTION BY JACK GRIFFIN, DIRECTOR OF GENERAL SERVICES, OF THE EMPLOYEE OF THE MONTH, MERCE LECLAIR, ADMINISTRATIVE ANALYST II General Services Director Griffin introduced the department's employee of the month, Meme LeClair. Mayor Padilla read the proclamation, and Deputy Mayor Rindone presented it to Ms. LeClair. ,, UPDATE ON THE STATUS OF LOCAL AND REGIONAL FIRES Fire Chief Perry presented an update on the 2003 Firestorm, both locally and regionally; and he commended the City's fire personnel for their outstanding work in fighting the fires. · 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) SPECIAL ORDERS OF THE DAY (Continued) · 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) Mayor Padilla read the proclamations recognizing the four local teachers of the year. Deputy Mayor Rindone presented each recipient with a proclamation, and the teachers then thanked the Mayor and Council for their recognitions. · PRESENTATION OF A PROCLAMATION BY MAYOR PADILLA TO KAREN HISTED (POLICE SUPPORT SERVICES), BEVERLY BRAUN1NG (CRIME LAB), AMELIA "MILLIE" OSUNA, (DISPATCH), AND JUAN ESTRADA (ANIMAL CONTROL), PROCLAIMING NOVEMBER 5, 2003, AS LAW ENFORCEMENT RECORDS AND SUPPORT PERSONNEL DAY Mayor Padilla read the proclamation, and Deputy Mayor Rindone presented it to the Police Department's support personnel. · PRESENTATION OF A PROCLAMATION BY MAYOR PADILLA TO REPRESENTATIVES OF CHULA VISTA ELKS LODGE NO. 2011, RECOGNIZING THEM FOR THEIR PATRIOTISM IN CONSTRUCTING A MONUMENT TO THE AMERICAN FLAG NEAR THE TELEGRAPH CANYON ROAD ENTRANCE TO THE LODGE Mayor Padilla read the proclamation, and Deputy Mayor Rindone presented certificates and a proclamation to a representative of Elks Lodge No. 2011. · PRESENTATION OF A CHECK BY TRACI MILLER, LOWE'S STORE MANAGER, TO THE CHULA VISTA FIREFIGHTERS FOUNDATION This item was continued to a future meeting. CONSENT CALENDAR (Items 1 through 14) 1. APPROVAL OF MINUTES of October 14, October 21 and October 28, 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 Maddy Act regulations. 3. ORDINANCE NO. 2937, 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) Page 2 - CouncilMinutes 11/04/03 CONSENT CALENDAR (Continued) Based on the provisions of the California Vehicle Code, 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. 4. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING SPEED LIMITS ON EAST PALOMAR STREET, BETWEEN OLEANDER AVENUE AND OLYMPIC PARKWAY, THEREBY AMENDING SCHEDULE X OF A REGISTER MAINTAINED IN THE OFFICE OF THE CITY ENGINEER Based on provisions of the California Vehicle Code and the Chula Vista Municipal Code, the City Engineer has determined that, in the interest of minimizing traffic hazards and for the promotion of public safety, the speed limit on East Palomar Street, between Oleander Avenue and Olympic Parkway, should be established at 35 m.p.h., except at the two segments (from Monarche Drive/Santa Rita to Monarche Drive/Santa Andrea and from Santa Cora Avenue to Vista Sonrisa Avenue) where the posted speed limit would be established at 25 m.p.h. The segment between Pasco Ladera and Santa Olivia Road will be posted as a school zone (25 m.p.h, when children are present). (Director of Engineering) Staff recommendation: Council place the ordinance on first reading. 5. RESOLUTION NO. 2003-449, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA EXTENDING THE TEMPORARY CLOSURE OF CENTER STREET AND A PORTION OF CHURCH AVENUE FOR THE DOWNTOWN FARMERS' MARKET FROM 2:00 P.M. TO 8:30 P.M. ON THURSDAY AFTERNOONS FOR A TWO-YEAR PERIOD SUBJECT TO CONDITIONS OF APPROVAL Adoption of the resolution approves the closure of Center Street and Church Avenue for the purpose of continuing the Chula Vista Downtown Business Association's Farmers' Market at its current location until December 31, 2005. (Director of Community Development) Staff recommendation: Council adopt the resolution. 6. RESOLUTION NO. 2003-450, 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 Page 3 - Council Minutes 11/04/03 CONSENT CALENDAR (Continued) 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. 7. RESOLUTION NO. 2003-451, 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 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 Otay Valley trunk sewer. The term of the agreement was originally from 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 Otay Valley trunk sewer until November 2004. (Director of Engineering) Staff recommendation: Council adopt the resolution. 8. RESOLUTION NO. 2003-452, 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 SAID 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 #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 now ready for the design phase. (Director of General Services) Staff recommendation: Council adopt the resolution. Page 4 - Cotmcil Minutes 11/04/03 CONSENT CALENDAR (Continued) 9. RESOLUTION NO. 2003-453, 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. 10. RESOLUTION NO. 2003-454, 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 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, which is comprised of six local agencies. A portion of this fimding, 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 funds 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. 11. RESOLUTION NO. 2003-455, 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 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 5 - Council Minutes 11/04/03 CONSENT CALENDAR (Continued) 12. RESOLUTION NO. 2003-456, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROViNG AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND FRONT PORCH COMMUNITIES AND SERVICES, AUTHORIZING THE MAYOR TO SIGN THE AGREEMENT, AND TRANSFERRING $150,000 iN STORM DRAIN REVENUES FROM THE DRAINAGE BASiN CONSTRUCTION, EAST OF SECOND AVENUE PROJECT (DR-120) TO THE CORRUGATED METAL PIPE REHABILITATION ON D STREET, FREDERICKA MANOR, AND TWiN OAKS CIRCLE PROJECT (DR-163) On October 29, 2002, an informational memorandum was sent to the Council regarding the Fredericka Manor drainage. Front Porch Communities and Services signed an agreement for the repair of storm drain pipes on and around Fredericka Manor on July 21, 2003. The work to be done involves the rehabilitation of existing 12-inch, 24-inch, and 30-inch corrugated metal pipes and reinforced concrete pipes on and around Fredericka Manor, east of Third Avenue and D Street. (Director of Engineering) Staffrecommendation: Council adopt the resolution. 13. RESOLUTION NO. 2003-457, 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 EXTERIOR ACCESSIBILITY GRANTS FOR RENTERS PROGRAM The California Department of Housing and Community Development has issued a Notice of Funding Availability for the Exterior Accessibility Grants for Renters Program (EAGR), which was established by the passage of Proposition 46, the Housing and Emergency Shelter Trust Fund Act of 2002. These funds may be used to provide grants for exterior modifications to rental properties to make them accessible to low-income tenants. Staff has requested authorization to submit an application for funding under the EAGR Program. (Director of Community Development) Staff recommendation: Council adopt the resolution. 14. RESOLUTION NO. 2003-458, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDiNG THE FISCAL YEAR 2003/2004 POLICE DEPARTMENT BUDGET BY APPROPRIATiNG $60,000 iN SUPPLIES AND SERVICES BASED UPON UNANTICIPATED REVENUES FROM THE STATE OF CALIFORNIA COMMISSION ON PEACE OFFICER STANDARDS AND TRAiNING The reimbursement program for local law enfomement officer training has been restored from the State of California Commission on Peace Officer Standards and Training (POST). This program reimburses the police department for POST-mandated training costs. (Chief of Police) Staff recommendation: Council adopt the resolution. ACTION: Mayor Padilla offered the Consent Calendar, headings read, texts waived. The motion carded 5-0. Page 6 - Council Minutes 11/04/03 ORAL COMMUNICATIONS Pedro Pulido, a Madison Avenue resident, asked the status of a petition he submitted to the Council on May 6, 2003, regarding the unsafe road conditions on K Street and Madison Avenue, stating that he had received no feedback on whether or not the problem had been addressed. City Manager Rowlands requested that Director of Engineering Swanson meet with Mr. Pulido to discuss the matter. Bob McAlister, a resident of Eastlake Woods, recognized and expressed his gratitude to the City's Fire and Police Departments for providing protection to the community during the 2003 Firestorm. PUBLIC HEARING 15. CONSIDERATION OF SUBMITTAL OF A CDBG SECTION 108 LOAN APPLICATION 1N THE AMOUNT OF $11,915,000 FOR THE WESTERN CHULA VISTA FINANCING PLAN TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT During the 2003-2005 budget presentations, it was determined that Chula Vista needed to focus attention in western Chula Vista on infrastructure improvements. In order to facilitate these improvements, it was recommended that Chula Vista apply for a Section 108 loan from the U.S. Department of Housing and Urban Development (HUD). (Director of Community Development) Notice of the hearing 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. Senior Community Development Specialist Atwood presented the proposed application and financing plan. Director of General Services Griffin described the proposed CDBG financing program components that included construction of and improvements to streets, sidewalks, and drainage areas in western Chula Vista; the reconstruction of Fire Station No. 5, located on Fourth Avenue and Oxford Street; the reconstruction of Eucalyptus Park; and the construction of a new park on Oxford Street. Senior Community Development Specialist Do presented the neighborhood revitalization program, which focused on the Castle Park neighborhood because it serves as a continuation of street sections identified for street and sidewalk improvements; Naples Street is a link from residential to commercial corridors; and the neighborhood is within walking distance of several schools. She added that an additional purpose of the proposed program is to encourage community involvement by increasing neighborhood pride, civic involvement, and partnerships between the neighborhood and the City. Page 7 - Council Minutes 11/04/03 PUBLIC HEAR1NG (Continued) Senior Community Development Specialist Atwood then presented the next steps in the Section 108 application process. Councilmember Salas suggested that the proposed Castle Park neighborhood improvements be extended to Broadway, stating that residents have expressed safety concerns about the streets and sidewalks, particularly in the area of Third and Broadway on Naples. She was also encouraged that the proposed cost-sharing formula for street improvements would result in lower costs to the residents. Deputy Mayor Rindone complimented staff on the proposed project. Mayor Padilla expressed support for the approach taken by staff on the proposed project with regard to appropriate priorities and intelligent selections about the use of the funding. He requested that an analysis be done to identify a financial plan or program and a series of models from which to draw upon to establish a similar program in other areas of the community. There being no further members of the public wishing to speak, Mayor Padilla closed the public hearing. ACTION: Councilmember Salas offered Resolution No. 2003-459, heading read, text waived: RESOLUTION NO. 2003-459, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING SUBMITTAL OF THE CDBG SECTION 108 LOAN APPLICATION IN THE AMOUNT OF $11,915,000 FOR THE WESTERN CHULA VISTA FINANCING PLAN TO THE U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) The motion carried 5-0. ACTION ITEMS 16. 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) Mayor Padilla noted that staff had requested that this item be removed from the agenda and continued indefinitely. No action was taken by the Council. Page 8 - Council Minutes 11/04/03 OTHER BUSINESS 17. CITY MANAGER'S REPORTS There were none. 18. MAYOR'S REPORTS Mayor Padilla expressed his appreciation to the many local individuals and businesses that stepped up to the plate during the recent fires, and stated that a letter of thanks would be sent to them from the Office of the Mayor and Council. In addition, a note of thanks from the City Council to the citizens and businesses will be published in the local newspaper. 19. COUNCIL COMMENTS Councilmember Davis thanked the City's safety personnel and staff for their hard work during the recent fires. She stated that it was heartwarming to see the community come together, and she felt proud to be a Chula Vista resident. Councilmember McCann expressed his sincere gratitude to the City's Fire and Police personnel for protecting the City from the recent fires. He acknowledged the bravery of the firefighters and the efficient operation of the Emergency Operation Center. Deputy Mayor Rindone thanked the Fire and Police Departments for their efforts and long hours worked during the fires. He also recognized a local Subway sandwich franchise owned by Dana Toogood, who was one of the numerous community members who provided sandwiches to the safety personnel. Councilmember Salas recognized Mayor Padilla for his outstanding leadership during the emergency fire situation and for his communication of assurance to the citizens that they were in safe hands. CLOSED SESSION 20. 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) No reportable action was taken on the abovementioned cases. 21. DISCUSSION OF APPOINTMENT OF PUBLIC EMPLOYEE PURSUANT TO GOVERNMENT CODE SECTION 54957 · Title: Planning and Building Director ACTION: A motion was made and seconded to approve the decision of the City Manager to appoint Jim Sandoval as the Director of Planning and Building. The motion carded 5-0. Page 9 - Council Minutes 11/04/03 CLOSED SESSION (Continued) 22. CONFERENCE WITH REAL PROPERTY NEGOTIATORS 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) City negotiators: David Rowlands, Jr., Sid Morris, Michael Meacham, Glen Googins Negotiating Parties: City of Chnla Vista and San Diego Gas & Electric (various representatives) Under Negotiation: Price and terms of franchise conveyance This item was not discussed. 23. CONFERENCE WITH REAL PROPERTY NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 54956.8 Property: The Chula Vista Municipal Golf Course on Bonita Road and adjacent acreage owned by the City Agency Negotiator: Sid Morris Negotiating Parties: City of Chnla Vista (Sid Morris), American Golf Corporation (Brian Jackson) Under Negotiation: Price, terms, and disposition of lease This item was not discussed. 24. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8 Property: Assessor's Parcel Numbers 593-031-31 and 593-240-24 Agency Negotiators: Andy Campbell, David D. Rowlands, Jr. and Elizabeth Wagner Hull Negotiating Parties: City of Chula Vista and County of San Diego (John McTighe, Director of General Services) Under Negotiation: Lease terms and conditions ACTION: Negotiation instructions were given to staff. Page 10 - Council Minutes 11/04/03 ADJOURNMENT At 8:10 p.m., Mayor Padilla adjourned the meeting to a Special Meeting on November 11, 2003, at 4:30 p.m. in the Council Conference Room, thence to a Special Meeting on November 11, 2003, at 6:00 p.m. in the Council Chambers, and thence to the Regular Meeting of November 18, 2003. (The Regular Meeting of November 12, 2003, was cancelled). ~low,d~cM~2~, C~'~rk~ Page 11 - Council Minutes 11/04/03