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HomeMy WebLinkAboutcc min 2004/01/06 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA January 6,2004 4:00 P.M. A Regular Meeting of the City Council of the City of Chula Vista was called to order at 4:06 p.m. in the Council Chambers, located in the Public Services Building, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Councilmembers: Davis, McCarm, Salas, Rindone, and Mayor Padilla (Councilmember Rindone arrived at 4:12 p.m.) ABSENT: Councilmembers: None ALSO PRESENT: City Manager Rowlands, City Attorney Moore, and Assistant City Clerk Norris PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY . INTRODUCTION BY BUCK MARTIN, DIRECTOR OF RECREATION, OF THE EMPLOYEE OF THE MONTH, TED NELSON, RECREATION SUPERVISOR III Director of Recreation Martin introduced employee of the month Ted Nelson. Mayor Padilla read the proclamation, and Deputy Mayor Salas presented it to Mr. Larson. CONSENT CALENDAR (Items I through 10) With reference to Item 5, Councilmember Rindone asked staff to schedule a Council workshop upon the City's receipt of the grant funding to discuss preferences, ranking, and considerations for placement of the funds. Mayor Padilla asked that Items 7 and 8 be removed trom the Consent Calendar for discussion. Deputy Mayor Salas stated that she would abstain trom discussion and voting on Item 9B due to the proximity of her residence to the project. Councilmembers Rindone and McCann stated that they would abstain trom discussion and voting on Items 9A and 10 due to the proximity of their properties to the projects. 1. APPROVAL OF MINUTES of the meeting of November 25, 2003. Staff recommendation: Council approve the minutes. CONSENT CALENDAR (Continued) 2. ORDINANCE NO. 2945, ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING MUNICIPAL CODE CHAPTER 17.10, "PARKLANDS AND PUBLIC FACILITIES," RELATING TO THE COLLECTION OF IN-LIEU PARK ACQUISITION AND DEVELOPMENT FEES FROM RESIDENTIAL DEVELOPMENTS THAT ARE NOT REQUIRED TO SUBMIT A SUBDNISION MAP OR PARCEL MAP (SECOND READING) Adoption of the ordinance enables the City to collect park acquisition and development fees ITom all residential developments, regardless of the land development approval process that is required to be followed. This ordinance was introduced at the Council meeting of December 16, 2003. (Director of General Services) Staff recommendation: Council adopt the ordinance. 3. RESOLUTION NO. 2004-001, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE PURCHASE AND LEASE OF MULTI-FUNCTION COpy MACHINES FROM SAVIN CORPORATION ON AN AS- NEEDED BASIS IN ACCORDANCE WITH TERMS AND CONDITIONS OF A MIAMI DADE COUNTY COOPERATNE AGREEMENT WITH THE U.S. COMMUNITIES GOVERNMENT PURCHASING ALLIANCE Miami Dade County has bid out the purchase and lease of multi-function copy machines ITom Savin Corporation through the u.S. Communities Government Purchasing Alliance. Chula Vista qualifies for all rights and privileges available through participation in this national agreement. (Director of Finance) Staff recommendation: Council adopt the resolution. 4. RESOLUTION NO. 2004-002, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT WITH COUNTY OF SAN DIEGO TO PURCHASE UNLEADED GASOLINE AND DIESEL FUEL FOR USE BY CITY VEHICLES For many years, the City has principally fueled its vehicles, especially those operating in the western portions of the City, at the former Corporation Yard. With the opening of the new Public Works Center, the City wishes to redevelop the former Corporation Yard site to a higher and better use. In order to make the property ready for sale, fueling activities need to cease, and the City needs to identify an alternate fueling site. Adoption of the resolution allows the City to fuel at County fueling stations throughout San Diego County and, more specifically, at the County facility on H Street. (Director of General Services) Staff recommendation: Council adopt the resolution. Page 2 - Council Minutes January 6, 2004 CONSENT CALENDAR (Continued) 5. RESOLUTION NO. 2004-003, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE EXECUTION OF A GRANT AGREEMENT, ANY AMENDMENTS THERETO, AND ANY OTHER DOCUMENTS NECESSARY TO SECURE A JOBS HOUSING BALANCE INCENTNE PROGRAM GRANT FROM THE STATE OF CALIFORNIA, DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT On June 25, 2003, the City received a conditional commitment of grant funds in the amount of $1,662,831 ITom the California Department of Housing and Community Development under the Jobs Housing Balance Incentive Grant Program (JHBP). Funding for JHBP has been made available pursuant to Proposition 46, the Housing and Emergency Shelter Trust Fund of 2002. Grant funds are proposed to be used for the construction or acquisition of capital assets that serve to benefit the community. Adoption of the resolution authorizes the City Manager to execute a standard grant agreement required by the State of California for participation in the JHBP. (Director of Community Development) Staff recommendation: Council adopt the resolution. 6. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTION 10.52.110 RELATING TO THE PARKING OF VEHICLES FOR SALE, ADVERTISING OR DEMONSTRATION PURPOSES (FIRST READING In an effort to clarify parking laws and to ensure consistency with federal and state law, the proposed ordinance amends a section of the Municipal Code regulating the parking of vehicles for sale, advertising, or demonstration purposes. (Police Chief) Staff recommendation: Council place the ordinance on first reading. 9.A. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ELIMINATING THE TIME LIMIT ON ESTABLISHMENT OF LOANS, ADVANCES AND INDEBTEDNESS WITH RESPECT TO THE REDEVELOPMENT PLAN FOR THE MERGED REDEVELOPMENT PROJECT (FIRST READING) B. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ELIMINATING THE TIME LIMIT ON ESTABLISHMENT OF LOANS, ADVANCES AND INDEBTEDNESS WITH RESPECT TO THE BAYFRONT/TOWN CENTER I REDEVELOPMENT PLAN (FIRST READING) In 2001, California redevelopment law was amended to allow local legislative bodies to adopt ordinances removing time limits on the establishment of loans, advances and indebtedness with respect to redevelopment plans originally adopted prior to January 1, 1994. The amendment allows agencies to incur debt at any time during the time that the plans are effective. All Chula Vista redevelopment plans were originally adopted prior to 1994, and all of them currently have limitations on loans, advances and indebtedness. Adoption of the ordinances removes the existing time limits and allows the City to issue debt at any time during the effective life of the corresponding redevelopment plans. (Director of Community Development) Staff recommendation: Council place the ordinances on first reading. Page 3 - Council Minutes January 6, 2004 CONSENT CALENDAR (Continued) 10. RESOLUTION NO. 2004-008, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DESIGNATING A REDEVELOPMENT SURVEY AREA FOR STUDY PURPOSES PURSUANT TO PART 1 OF DNISION 24 OF THE CALIFORNIA HEALTH AND SAFETY CODE AND AUTHORIZING PREPARATION OF A PRELIMINARY PLAN The Redevelopment Agency proposes to add territory to the Town Centre II, Otay Valley and Southwest redevelopment plans. The first required Council action in the process is to designate a "survey area," which is a study area that encompasses all parcels under consideration for the formation of, or expansion to, a redevelopment project area. Council adoption of the proposed resolution commences the formal process for consideration of expansion of the existing redevelopment project area boundaries. (Director of Community Development) Staff recommendation: Council adopt the resolution. ACTION: Mayor Padilla moved to approve staffs recommendations and offered Consent Calendar Items I through 6, 9 and 10, headings read, texts waived. The motion carried 5-0 with the following exceptions: Item 9A carried 3-0-2, with Councilmembers Rindone and McCarm abstaining due to the proximity of their properties to the project; Item 9B carried 4-0-1, with Deputy Mayor Salas abstaining due to the proximity of her residence to the project; and Item 10 carried 3-0-2, with Councilmembers Rindone and McCann abstaining, due to the proximity oftheir properties to the project. ORAL COMMUNICATIONS Mary Jo Buettner, representing the Chula Vista Community Collaborative, gave an update regarding the South Bay Homeless Coalition. She stated that a pocket resource guide has been developed for the homeless. The next project for the collaborative is to discuss housing possibilities for the homeless, and she invited the Council and members of the public to attend the meeting and offer suggestions and ideas. PUBLIC HEARINGS 11. CONSIDERATION OF A MODIFICATION TO ORDINANCE NUMBER 2944, PURSUANT TO SECTION 19.14.577 OF THE CHULA VISTA MUNICIPAL CODE, WHICH APPROVED A PRECISE PLAN FOR A MIXED-USE RESIDENTIAL AND RETAIL DEVELOPMENT AT 825 BROADWAY The City proposes a modification to Ordinance No. 2944 (adopted December 9, 2003), which approved a Precise Plan for a residential (senior housing)/retail mixed-use project at the northeast corner of Broadway and Sierra Way. The modification consists of revising the site plan in order to incorporate vehicular access along Broadway without precluding the use of the previously approved access ITom the northerly adjacent school access easement. The purpose for the proposed ordinance modification at this time is to allow for further input ITom the surrounding neighborhood. Page 4 - Council Minutes January 6, 2004 --- --- --- PUBLIC HEARINGS (Continued) Notice of the hearing 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 hearing. Deputy Director of Plarming Hernandez gave a brief presentation on the project. Lee Bates, representing the Metropolitan Area Advisory Committee (MAAC) project, asked the Council to deny the proposed modification, stating that the original site plan, unanimously approved by both the Design Review Committee and Planning Commission, was superior in that the school easement road to the north provides the best ingress/egress to the MAAC project, and the City's traffic control program for the charter school effectively addresses the previous traffic issues associated with the school. Further, the original site plan meets numerous City planning goals by providing a pedestrian-oriented project design along Broadway and also includes more on-site and on-street parking and a kiosk. Bobbie Morris stated that, despite efforts by City staff to find a safe and equitable traffic solution for the neighborhood, more vehicles now utilize the narrow school driveway, and she believed the proposed MAAC project would make the situation worse. She stated that at the June 10, 2003 Council meeting, she was assured by City staff that a separate vehicle entrance would be provided to the project ITom Broadway and that the kiosk could be removed should additional space be required. She was then informed, however, that at the Council meeting of December 9, 2003, the vote had been reversed. Ms. Morris believed that by eliminating the Broadway entrance for the project, the school entrance would be further congested by project visitors, medical personnel for the elderly, and repair personnel for the apartments. While the proposed design meets the needs of the seniors, it does not recognize the unique needs of the site nor adequately address the traffic issues. Councilmember Davis asked Ms. Morris if the recent change in school traffic patterns had achieved the goal of protecting the neighborhood. Ms. Morris replied affirmatively but added that there has been no guarantee by the school district that the new pattern would continue. Sid Morris, Sr. believed that approval ofthe proposed modification would add further congestion to Broadway, as well as H, J and L Streets. Dee Peralta, representing the Chula Vista Elementary School District, spoke on behalf of Susan Fahle, Assistant Superintendent for Business Services and Support, stating that the school district is committed to working with the community to eliminate traffic issues in the area. She further stated that the pedestrian gate at the southeast comer of the property has been locked and wilJ remain closed, and the district is more than willing to address the concerns of neighborhood residents- There being no further members of the public wishing to speak, Mayor Padilla closed the public hearing. ACTION: Following Council comments, Mayor Padilla moved to deny the modification and reaffirm the original approval of Ordinance No. 2944, as adopted on December 9, 2003. Councilmember Davis seconded the motion, and it carried 5-0. Page 5 - Council Minutes January 6, 2004 -------- BOARD AND COMMISSION RECOMMENDATION 12. CONSIDERA nON OF REPORT FROM THE CAMPAIGN CONTRIBUTION ORDINANCE COMMITTEE In response to a Council referral, the Campaign Contribution Ordinance Committee (CCO) was formed to review Municipal Code Section 2.52 and recommend a revised ordinance that clarifies the City's campaign finance rules and that is consistent with state and federal law. The committee consists of Councilmember Davis, John Moot, Esq., Cheryl Cox, representing the Charter Review Commission, and Armida Martin del Campo and Ricardo Gilbert, representing the Ethics Commission. The CCO has met and proposes a revised campaign contribution ordinance for Council consideration. Mayor Padilla noted, for the record, a letter from Norma Cazares, dated January 6, 2004, regarding modifications to the campaign contribution ordinance. Councilmember Davis asked if the proposed revisions would apply to the November rather than upcoming March 2004 elections. Deputy City Attorney Hull responded that the second reading ofthe ordinance would need to occur by January 27, 2004, to be effective immediately following the March 2, 2004 election. She added that the ordinance could be modified to take effect after the November 2004 elections. Mayor Padilla stated that he would like to avoid having different sets of rules for the March and November 2004 elections. Deputy Mayor Salas stated that there should be consistency in the rules between the primary and general elections. She also believed that the public had not been given sufficient notice to study and provide input on the proposed ordinance. Councilmember Rindone agreed that the rules should be consistent for both 2004 elections and that the new ordinance should take effect in time for the 2006 primary election. Councilmember McCann agreed that the ordinance should not be changed during the current election cycle. He expressed an interest in obtaining a matrix showing contribution limits set by other municipalities. He also stated that questions would be forthcoming regarding the constitutionality of some of the limitations, and it is important to ensure that the City is following both local and federal standards. Councilmember Davis emphasized the importance of having a campaign ordinance that is clear and comprehensible and stated that the intent of the committee was to have the ordinance in place for the current election cycle, rather than postponed to a future cycle. Mayor Padilla asked if the effective date of an ordinance could be discretionary. Deputy City Attomey Hull replied that the City's Charter provides for an ordinance to become effective 30 days after its second reading, unless it is an urgency ordinance. She added that the Council also has the discretion to extend the timeITame after the 30 days. ACTION: Mayor Padilla moved to continue the item to a date within 30 days. Councilmcmber McCann seconded the motion, and it carried 5-0. Page 6 - Council Minutes January 6, 2004 ITEMS PULLED FROM THE CONSENT CALENDAR 7.A. RESOLUTION NO. 2004-004, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE REORGANIZATION OF THE GENERAL SERVICES DEPARTMENT B. RESOLUTION NO. 2004-005, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE REORGANIZATION OF THE ENGINEERING DEPARTMENT C. RESOLUTION NO. 2004-006, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE REORGANIZATION OF THE PUBLIC WORKS OPERATIONS DEPARTMENT With the pending retirement of the Director of Engineering, staff has determined that the City will realize substantial benefits by eliminating the Engineering Department as an independent department and merging portions of it into the General Services Department and the Public Works Operations Department. These benefits include increased efficiencies in the management of the tasks the current Engineering Department undertakes and a more effective organizational structure for the staff of the department. The reorganization also recognizes the operational relationships that the various sections of the Engineering Department already have with the General Services and Public Works Operations Departments. Most importantly, the reorganization enables the City to place all of the City's capital budgeting and project management activities within a single department, the General Services Department. (City Manager and Directors of General Services, Public Works Operations, and Human Resources) Director of General Services Griffin presented the proposed reorganization. Councilmember Rindone requested a review of the reorganization prior to the next budget cycle. . Councilmember McCann emphasized that the monetary savings show good financial management by the City. Mayor Padilla stated that the proposed organizational structure is sound. ACTION: Councilmember Rindone offered Resolution Nos. 2004-004, 2004-005, and 2004- 006, headings read, texts waived. The motion carried 5-0. 8. RESOLUTION NO. 2004-007, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE REORGANIZATION OF THE COMMUNITY DEVELOPMENT DEPARTMENT AND AMENDING THE FISCAL YEAR 2004 BUDGET TO REFLECT THE ORGANIZATIONAL CHANGES The proposal is to reorganize the Community Development Department to more effectively respond to new challenges and opportunities. In order to meet anticipated needs, the proposed resolution authorizes the addition of three new positions and salary adjustments for existing positions. The resolution further authorizes the reclassification of certain positions to allow the Director to flexibly staff and place incumbents in the appropriate position based upon their knowledge and abilities at no loss to their respective salaries, while allowing new opportunities for growth in their classification. (Directors of Community Development and Human Resources) Page 7 - Council Minutes January 6, 2004 ITEMS PULLED FROM THE CONSENT CALENDAR (Continued) Community Development Director Madigan presented the proposed reorganization, stating that the proposed design would enable the department to more effectively respond to new challenges, bring in new and critically needed talent, better align the Community Development salaries with current Planning salaries, and provide broader professional opportunities for the department's staff. Deputy Mayor Salas asked if individuals had been identified to fill the three new positions. Ms. Madigan responded affirmatively. Deputy Mayor Salas cautioned that, to the extent possible, the City must be mindful to conduct broader searches to identify the broadest possible pool of applicants. Councilmember McCarm asked if the changes were flexible in the event that an Urban Development Corporation were implemented. Ms. Madigan stated that the organization is specifically designed for flexibility and will respond to any structure the Council decides to implement. Councilmember Davis stated that the department was moving in the right direction, and she looked forward to seeing improvements and changes for the western region of the City. Councilember McCarm believed that the proposed reorganization would be a component in revitalizing the City's west side. Mayor Padilla referred to the comments made by Deputy Mayor Salas regarding the filling of management positions, stating that there needs to be a balance between seeking diversity as often as possible but also deferring to the judgment of the City Manager. He also stated that the proposed reorganization was appropriate for the department, and he was satisfied that the structure could operate with flexibility. ACTION: Councilmember McCann offered Resolution No. 2004-007, heading read, text waived. The motion carried 5-0. OTHER BUSINESS 13. CITY MANAGER'S REPORTS There were none. 14. MA YOR'S REPORTS . Ratification of appointment of City of Chula Vista's representative on the Board of Port Commissioners. ACTION: Mayor Padilla moved to appoint William Hall as Chula Vista's representative on the Board of Port Commissioners. Councilmember McCann seconded the motion, and it carried 5-0. Page 8 - Council Minutes January 6, 2004 OTHER BUSINESS (Continued) 15. COUNCIL COMMENTS Councilmember Rindone armounced that he attended the inauguration of the Port Commission Chairperson and was hopeful that the City could work closely with the Port to address the environmental and physical issues associated with the South Bay power plant. CLOSED SESSION 16. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(B) . One case (Installation of wireless telecommunication facilities in City rights-of-way.) No action was taken on this item. ADJOURNMENT At 6:40 p.m., Mayor Padilla adjourned the meeting to the Regular Meeting of January 13, 2004, at 6:00 p.m. in the Council Chambers, and thence to an Adjourned Regular Meeting on January 14,2004 at 4:30 p.m. at the Corporation Yard, located at 1800 Maxwell Road. Æ ftfw~/ ~ Donna Norris, Assistant City Clerk Page 9 - Council Minutes January 6, 2004