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HomeMy WebLinkAboutcc min 2003/11/18 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA November 18, 2003 6:00 P.M. A Regular Meeting of the City Council of the City of Chula Vista was called to order at 6:02 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 (arrived at 6:05 p.m.), 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 PRESENTATION OF A CONSTITUENT SERVICE AWARD BY MAYOR PADILLA Mayor Padilla announced the recipient of the second Mayor's Constituent Service Award, Wendy Endaya, the Police Departments' Community Resource Coordinator. He recognized Ms. Endaya for her coordination of the recent "Beautify Chula Vista" event, as well as her high level of dedication and outstanding service to the residents of Chula Vista. · RECOGNITION BY COUNCILMEMBER DAVIS OF WEBELOS I FROM SCOUT PACK 810, SAINT ROSE OF LIMA. DEN LEADER: TOM DAVIES Councilmember Davis welcomed the Webelos I, from Scout Pack 810 of Saint Rosa of Lima, who attended the meeting to earn their citizenship award. Den Leader Tom Davies then introduced the den members and other leaders. CONSENT CALENDAR (Items 1 through 9.5) 1. ORDINANCE NO. 2938, ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING VARIOUS 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 (SECOND READING AND ADOPTION) 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 mph, except at the two segments (fi.om 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 mph. The segment between Paseo Ladera and Santa Olivia Road will be posted as a school zone (25 mph when children are present). This ordinance was introduced on November 4, 2003. (Director of Engineering) Staff recommendation: Council adopt the ordinance. CONSENT CALENDAR (Continued) 2. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DECREASiNG THE EXISTiNG SPEED LiMIT ON HALECREST DR1VE, BETWEEN TELEGRAPH CANYON ROAD AND DOUGLAS STREET TO 25 MPH, THEREBY AMENDiNG SCHEDULE X OF A REGISTER MAINTAINED IN THE OFFICE OF THE CITY ENGINEER (FIRST READiNG) Based on provisions of the California Vehicle Code and the Chula Vista Municipal Code, the City Engineer recommends that, based on the Engineering and Traffic Survey, the speed limit on Halecrest Drive, between Telegraph Canyon Road and Douglas Street, should be decreased from the existing 30 mph limit to 25 mph. (Director of Engineering) Staff recommendation: Council place the ordinance on first reading. 3 A. RESOLUTION NO. 2003-463, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FINAL MAP OF CHULA VISTA TRACT NO. 01-1lA, OTAY RANCH VILLAGE 11, NEIGHBORHOOD R-23, ACCEPTING ON BEHALF OF THE CITY OF CHULA VISTA THE VARIOUS PUBLIC EASEMENTS AS GRANTED ON SAID MAP, APPROVING THE SUBDIVISION IMPROVEMENT AGREEMENT, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT B. RESOLUTION NO. 2003-464, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR CHULA VISTA TRACT NO. 01-1lA, OTAY RANCH VILLAGE 11, NEIGHBORHOOD R-23, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT Adoption of the resolutions approves Neighborhood R-23, a subdivision of Otay Ranch Village 11. Neighborhood R-23 consists of 119 single-family, detached lots and 23 Home Owner's Association-maintained open space lots. (Director of Engineering) Staff recommendation: Council adopt the resolutions. 4 A. RESOLUTION NO. 2003-465, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACTING IN ITS CAPACITY AS THE LEGISLATWE BODY OF COMMUNITY FACILITIES DISTRICT NO. 07-1 (OTAY RANCH VILLAGE ELEVEN) DECLARING THE RESULTS OF A SPECIAL ELECTION IN SUCH COMMUNITY FACILITIES DISTRICT THEREOF B. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 07-I (OTAY RANCH VILLAGE ELEVEN), AUTHORIZING THE LEVY OF A SPECIAL TAX IN SUCH COMMUNITY FACILITIES DISTRICT (FIRST READING Page 2 - Council Minutes 11/18/2003 CONSENT CALENDAR (Continued) On Novmnbcr 11, 2003 the City held a public hearing and approved two resolutions: 1) forming and establishing Community Facilities District No. 07-I (Otay Ranch Village Eleven), and 2) declaring necessity to incur bonded indebtedness for the Community Facilities District. On November 12, 2003 a special election of eligible property owners was held at the City Attorney's office for the purpose of voting on the formation of Community Facilities District-07-I. (Director o f Engineering) Staff recommendation: Council adopt the resolution and place the ordinance on first reading. 5. RESOLUTION NO. 2003-466, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2003/2004 POLICE DEPARTMENT BUDGET BY APPROPRIATING $80,200 IN SUPPLIES AND SERVICES/CAPITAL BASED UPON UNANTICIPATED REVENUES FROM DONATIONS MADE TO THE ANIMAL CARE FACILITY The Animal Care Facility received $80,200 in donations over the last two years. These donations were held in a donation account until it could be determined what items and/or programs were needed at the new facility. Staff has identified a variety of critical items to be purchased to aide animal care facility operations. (Chief of Police) Staff recommendation: Council adopt the resolution. 6. RESOLUTION NO. 2003-467, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2003/2004 POLICE DEPARTMENT BUDGET BY APPROPRIATING $88,127 IN CAPITAL BASED UPON LOCAL LAW ENFORCEMENT BLOCK GRANT 2001 REVENUE Adoption of the resolution appropriates $88,127 to make final payment to Cross Current for a CAD (Computer-Aided Design) upgrade. (Chief of Police) Staff recommendation: Council adopt the resolution. 7. RESOLUTION NO. 2003-468, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A SUBCONTRACT BETWEEN THE CITY AND THE YMCA OF SAN DIEGO COUNTY, YOUTH & FAMILY SERVICES - SCHOOL OUTREACH SERVICES FOR THE PROVISION OF EXTENDED AFTER- SCHOOL PROGRAM HOURS AT HILLTOP AND CASTLE PARK MIDDLE SCHOOLS, AMENDING THE FISCAL YEAR 2004 RECREATION DEPARTMENT BUDGET BY APPROPRIATING $6,798 IN UNANTICIPATED REVENUE, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT The YMCA Youth and Family Services has awarded the City, through its Recreation Department, a $6,798 contract for the provision of enhanced after-school programming at Castle Park Middle School and Hilltop Middle School. The funding is part of a grant applied for and received by the Chula Vista Youth Coalition fi.om the County of San Diego Critical Hours funding. The YMCA is the designated fiscal agent for the grant, and, as such, is subcontracting various services to be provided by several Youth Coalition members. (Director of Recreation) Staff recommendation: Council adopt the resolution. Page 3 - Council Minutes 11/18/2003 CONSENT CALENDAR (Continued) 8. RESOLUTION NO. 2003-469, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROViNG A FOUR-PARTY AGREEMENT BETWEEN THE CITY OF CHULA VISTA, DAVID EVANS AND ASSOCIATES, iNC. (CONSULTANT), OTAY PROJECT, LP (APPLICANT), AND MCMILLiN OTAY RANCH, LLC (APPLICANT), RELATED TO PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT FOR THE VILLAGE 7 SECTIONAL PLANNiNG AREA PLAN AND TENTATIVE MAPS, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT McMillin Otay Ranch, LLC, and Otay Project LP have filed a sectional planning area plan and tentative map applications for Village 7, including a site for Sweetwater Union High School No. 13. The Environmental Review Coordinator has determined that the proposed project requires the preparation of an Environmental Impact Report. Adoption of the resolution approves a contract with David Evans and Associates, Inc., for an amount not to exceed $215,675, to provide consultant services for the preparation of the CEQA-required environmental documents for the proposed project. (Director of Planning and Building) Staff recommendation: Council adopt the resolution. 9. RESOLUTION NO. 2003-470, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A THREE-PARTY AGREEMENT BETWEEN THE CITY OF CHULA VISTA, DUDEK & ASSOCIATES, INC. (CONSULTANT), AND YACOEL PROPERTIES I, LLC (PROJECT APPLICANT), FOR CONSULTANT SERVICES RELATED TO THE PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT FOR THE CROSSINGS COMMERCIAL RETAIL PROJECT, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT Yacoel Properties I, LLC has filed a general plan amendment, rezoning request, design review application, tentative parcel map, and grading plan application to facilitate the development of a new shopping center within the Otay Valley Redevelopment Project Area. The project, encompassing 17 acres, is projected to include retail and restaurant uses, totaling approximately 190,000 square feet of floor area. The City's Environmental Review Coordinator has determined that the proposed project requires the preparation of an Environmental Impact Report. Adoption of the resolution approves the contract with DUDEK & Associates, Inc., for an amount not to exceed $111,613, to provide consultant services for the preparation of an Environmental Impact Report. (Director of Planning and Building) Staff recommendation: Council adopt the resolution. 9.5 RESOLUTION NO. 2003-471, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DESIGNATING THE CITY MANAGER, DIRECTOR OF FINANCE, AND DIRECTOR OF ENGINEERING AS THE AUTHORIZED AGENTS FOR THE CITY OF CHULA VISTA FOR THE PURPOSE OF OBTAINiNG STATE FiNANCIAL ASSISTANCE UNDER CALIFORNIA DISASTER ASSISTANCE ACT AND FEDERAL FiNANCIAL ASSISTANCE UNDER PUBLIC LAW 93-288 Page 4 - Council Minutes 11/18/2003 CONSENT CALENDAR (Continued) In accordance with Chapter 7 of Division 1 of Title 2 of the Government Code of California, the Governor can proclaim a State of Emergency, which makes State financial assistance available to local governments. In addition, the President of the United States may sign a federal major disaster declaration (FEMA-1498-DR), authorizing the Federal Emergency Management Agency (FEMA) to provide federal assistance as authorized under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, P.L. 93-288. In order for an agency to apply and receive reimbursement for costs incurred related to a major disaster, an authorized agent must be designated by the public entity established under the laws of the State of California. (Director of Finance, Director of Engineering) Staff recommendation: Council adopt the resolution. ACTION: Mayor Padilla moved to approve staff's recommendations and offered the Consent Calendar, headings read, texts waived. The motion carded 5-0. ORAL COMMUNICATIONS Norbert Stein reported that the closed gas station site located on E Street just off of Interstate 5 is overgrown, is cluttered with debris, and presents a poor image of the City to tourists. PUBLIC HEARINGS 10. CONSIDERATION OF THE PROPOSED ASSESSMENT OF CERTAIN DELINQUENT SOLID WASTE SERVICE CHARGES AS RECORDED LIENS UPON THE RESPECTIVE PARCELS OF LAND, AND PLACEMENT OF DELINQUENT CHARGES ON THE NEXT REGULAR TAX BILL Chula Vista Municipal Code Section 8.24 allows delinquent solid waste service charges to be assessed as recorded liens upon the affected properties and ultimately placed on the property tax bills for collection. (Director of Finance) 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. Director of Finance Kachadoorian reported that there are currently 166 delinquent accounts valued at approximately $20,500. With no members of the public wishing to speak, Mayor Padilla closed the public hearing. ACTION: Councilmember McCann offered Resolution No. 2003-472, heading read, text waived: Page 5 - Council Minutes 11/18/2003 PUBLIC HEARINGS (Continued) RESOLUTION NO. 2003-472, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ASSESSING DELINQUENT SOLID WASTE SERVICE CHARGES AS RECORDED LIENS UPON THE RESPECTIVE PARCELS OF LAND AND APPROVING PLACEMENT OF DELINQUENT CHARGES ON THE NEXT REGULAR TAX BILL The motion carried 5-0. Item No. 11 was taken out of order at the request of staff and discussed prior to Item No. 10. 11. CONSIDERATION OF ACCEPTANCE AND APPROPRIATION OF LOCAL LAW ENFORCEMENT BLOCK GRANT FUNDS The Police Department has recently received notice of a Local Law Enforcement Block Grant award in the amount of $174,858 from the Bureau of Justice Assistance. These funds were allocated to the Police Department based on a three-year average of Part I Violent Crimes. Part I Violent Crimes are murder and non-negligent manslaughters, forcible rape, robbery, and aggravated assaults as reported by the FBI. Acceptance and appropriation of these funds requires a public heating per stipulations of the Local Law Enforcement Block Grant. (Police Chief) 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. Police Chief Emerson summarized the proposed utilization of the funds. There being no members of the public wishing to speak, Mayor Padilla closed the public hearing. ACTION: Councilmember McCann offered Resolution No. 2003-473, heading read, text waived: RESOLUTION NO. 2003-473, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $174,858 FROM THE 2003 LOCAL LAW ENFORCEMENT BLOCK GRANT, AMENDING THE FISCAL YEAR 2003/2004 POLICE BUDGET, APPROPRIATING $143,384 FOR POLICE TECHNOLOGY/EQUIPMENT AND $31,474 TO SUPPORT THE SOUTH BAY DRUG COURT, AND AUTHORIZING THE CHIEF OF POLICE TO UTILIZE (REPROGRAM) SAVINGS RESULTING FROM THE COMPETITIVE PROCUREMENT PROCESS FOR ADDITIONAL UNSPECIFIED OFFICER SAFETY EQUIPMENT AND SUPPLIES The motion carded 5-0. 12. Item no. 12 was removed from the agenda, and no discussion or action occurred. Page 6 - Council Minutes 11/18/2003 ACTION ITEM 13. REPORT REGARDING WESTERN CHULA VISTA This is a status report on the various planning and development activities underway in Western Chula Vista. The coordination of the planning, development, and accompanying infrastructure will be challenging in the years to come. The report summarizes the Urban Core Specific Plan, development projects, infrastructure, and Code Enfomement programs. (Western Chula Vista Development Manager) Western Chula Vista Development Manager Salomone summarized the report, stating that the current, ongoing activities include the General Plan, Bayfront/Port Master Plan, and Urban Core Specific Plan that will be presented to Council at a future date. The report also lists the staff's approach to the impending General Plan by reviewing and analyzing all the infrastructure issues associated with the various altematives. Additionally, new code enforcement programs, graffiti programs, and capital improvement projects are being contemplated in Westem Chula Vista. Mr. Salomone stated that staff will continue to coordinate the various planning and development activities as described in the report. Deputy Mayor Rindone asked why a graffiti program is being considered when the City currently has such a program. Staffmember Salomone replied that the proposed graffiti program would be an enhancement to the existing program. ACTION: Councilmember Davis moved to accept the report and direct staff to continue to coordinate planning, development, infrastructure, and community programs in Western Chula Vista. Mayor Padilla seconded the motion, and it carried 5-0. OTHER BUSINESS 14. CITY MANAGER'S REPORTS There were none. 15. MAYOR'S REPORTS A. Ratification of appointment to the Nature Center Board of Trustees - Judy Schulenberg. ACTION: Mayor Padilla moved to ratify the appointment of Judy Schulenberg to the Nature Center Board of Trustees. Councilmember Davis seconded the motion, and it carried 5-0. B. Ratification of appointment to the Resource Conservation Commission - Tracy Means. ACTION: Mayor Padilla moved to ratify the appointment of Tracy Means to the Resource Conservation Commission. Councilmember Davis seconded the motion, and it camed 5-0. Mayor Padilla congratulated the Eastlake Village Shopping Center on its recent grand opening. Page 7 - Council Minutes 11/18/2003 OTHER BUSINESS (Continued) 16. COUNCIL COMMENTS Deputy Mayor Rindone stated that he attended the recent grand opening of the Eastlake Village Shopping Center and was excited to see the many new stores. He also reported on his attendance at the recent General Plan Amendment Workshop, stating that there were in excess of 100 members of the public who participated in the workshop. Councilmember McCann announced that he attended the recent conservation and light bulb exchange event that took place at Parkway Gym. He stated that over 800 members of the public participated in the program, which reflects the efforts by the community to conserve energy. Councilmember Davis requested that Item No. 12 that was pulled from the agenda be placed on the Council agenda for November 25, 2003. CLOSED SESSION Closed Session was cancelled, and the following items were not discussed: 17. 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 Chula Vista and San Diego Gas & Electric (various representatives) Under Negotiation: Price and terms of franchise conveyance 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 Morris), American Golf Corporation (Brian Jackson) Under Negotiation: Price, terms, and disposition of lease Page 8 - CouncilMinutes 11/18/2003 CLOSED SESSION (Continued) 19. 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, et al. v. CPUC (Order Nos. D.03-7-028 and D.03-08-076, California Supreme Court; Docket No. S119376) 20. CONFERENCE WITH LEGAL COUNSEL REGARDiNG iNITIATION OF LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(c) · One case ADJOURNMENT At 6:36 p.m., Mayor Padilla adjoumed the meeting to the Regular Meeting of November 25, 2003, at 6:00 p.m. in the Council Chambers. Susan Bigelow, CMC, CRy Clerk Page 9 - Council Minutes 11/18/2003