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HomeMy WebLinkAboutcc min 2004/02/10 MINUTES OF A REGULAR MEETING OF mE CITY COUNCIL OF mE CITY OF CHULA VISTA February 10, 2004 6:00P.M. A Regular Meeting of the City Council of the City of Chula Vista was called to order at 6:05 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, Rindone ABSENT: Councilmembers: Padilla (excused) ALSO PRESENT: City Manager Rowlands, City Attorney Moore, and City Clerk Bigelow ACTION: Councilmember Rindone moved to excuse Mayor Padilla's absence. Councilmember Davis seconded the motion, and it carried 4-0. PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE A moment of silence was observed in memory of Mida Torres-Stanovik, administrator for the Sweetwater Unified High School District for 38 years. SPECIAL ORDERS OF THE DAY PRESENTATION BY MAYOR PADILLA OF A PROCLAMATION TO SOUTIIWESTERN COLLEGE STUDENT IVAN OROZCO FOR THE SOUTHWESTERN COLLEGE SUN Deputy Mayor Salas read the proclamation, and Councilmember Davis presented it to Shannon Noise, Editor in Chief of the Southwestern College Sun, who accepted the proclamation on behalf of Ivan Orozco and Sun staff. INTRODUCTION BY POLICE ClllEF EMERSON OF RECENTLY HIRED LATERAL OFFICER, XANTHE MORALES Police Chief Emerson introduced Officer Morales, and City Clerk Bigelow administered the oath of office to her. RECOGNITION BY POLICE CHIEF EMERSON OF RECENTLY PROMOTED OFFICERS: LIEUTENANTS DAN HARDMAN AND GARY FICACCI, SERGEANTS STEVE WITTE AND RANDY SMI1H, AND AGENTS CHRISTINE PENWELL AND ERIC FARWELL Police Chief Emerson introduced the recently promoted officers and presented them each with their badges. SPECIAL ORDERS OF THE DAY (Continued) REPORT BY DIRECTOR OF CONSERVATION AND ENVIRONMENTAL SERVICES MICHAEL MEACHAM, ON THE CITY'S STATUS REGARDING THE STATE MANDATED LANDFILL DIVERSION/RECYCLING PROGRAM Director of Conservation and Environmental Services Michael Meacham reported on the successful accomplishments by the City over the past 14 months in meeting the state's mandated recycling laws. Councilmember Rindone congratulated Pacific Waste Services for living up to its franchise partnership by guaranteeing the lowest trash service rates in the County and for continued outstanding service to the City. PRESENTATION OF THE HOLIDAY BOWL PARADE AWARD TO THE CITY BY THE HOLIDAY BOWL PARADE COMMITTEE, TO BE INTRODUCED BY COMMUNICATIONS SPECIALIST STEPHANIE KINGSTON Communications Specialist Stephanie Kingston introduced Pacific Life Holiday Bowl representatives Clark Siebrand and Shaun Copans, who presented the Council with the Port of San Diego 2003 Port Cities Entry A ward. REPORT BY CHUCK COLE, THE CITY'S LOBBYIST AND PRESIDENT OF ADVOCATION, INc., ON THE GOVERNOR'S JANUARY BUDGET PROPOSAL AND RECENT ACTIONS BY mE STATE LEGISLATURE Intergoverrunental Affairs Coordinator Kelly introduced Wes Lujan, who was present on behalf of Chuck Cole, who was unable to attend the meeting. Mr. Lujan provided an overview of the recent actions taken in Sacramento. Deputy Mayor Salas asked about San Diego County's lawsuit against the state with regard to un- funded mandates. Mr. Lujan replied that he was not familiar with the particular nuances of the lawsuit but that mandate reform would be forthcoming. Deputy Mayor Salas also expressed concern about the effects of state budget cuts on staffing in the San Diego County courthouses in reference to anticipated additional workload associated with the processing of prisoners at the City's new holding facility. She was hopeful that the Governor would pay attention to how the state budget is affecting the City's ability to provide a safe community. Councilmember Davis asked the status of the Building Industry Association's proposal for the November ballot that would transfer sales tax, which would be a disincentive for communities to plan housing. Mr. Lujan replied that a Senate hearing on the issue would be held on February 11, 2004, and that he would provide a report on the outcome. CONSENT CALENDAR (Items 1 through 9) Deputy Mayor Salas commended Highland Partnership for keeping the new police facility project (Item No.3) on time and within budget. Councilmember Rindone asked the anticipated opening date of the facility, and Lieutenant Hardman responded that the grand opening is planned for April 16, 2004. Page 2 - Council Minutes February 10, 2004 CONSENT CALENDAR (Continued) 1. ORDINANCE OF lliE CITY COUNCIL OF THE CITY OF CHULA VISTA DECREASING mE EXISTING SPEED LIMIT ON E STREET, BETWEEN BAY BOULEVARD AND EAST FLOWER STREETIBONITA ROAD, FROM 35 MPH TO 30 MPH (FIRST READING) Current posted speed limits vary from 30 to 35 mph along E Street between Bay Boulevard and East Flower Street/Bonita Road. Results of two recent engineering and traffic surveys reveal that traffic speeds along the corridor currently exceed recommended thresholds for the existing physical and land use conditions. (Director of General Services, City Engineer) Staff recommendation: Council place the ordinance on first reading. 2. ORDINANCE OF lliE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING A 50-MPH SPEED LIMIT ON OLYMPIC PARKWAY BETWEEN LA MEDIA ROAD AND HUNTE PARKWAY (FIRST READING) On October 22, 2003, staff completed an engineering and traffic survey for the recently constructed segment of Olympic Parkway between La Media Road and Hunte Parkway. Results of the survey indicate that the maximum speed limit along this segment of the corridor should be established at 50 mph. (Director of General Services, City Engineer) Staff recommendation: Council place the ordinance on first reading. 3. RESOLUTION NO. 2004-036, RESOLUTION OF mE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING CHANGE ORDER NO.5 ON THE NEW POLICE FACILITY AND APPROVING AN AMENDMENT TO THE DESIGN BUILD AGREEMENT WIlli HIGHLAND PARTNERSHIP, INC., EXTENDING THE SUBSTANTIAL AND FINAL COMPLETION DATES BY 30 DAYS On November 20, 2001, the Council entered into a design build agreement with Highland Partnership, Inc. for the provision of services required to design and construct the new police facility and related improvements. The change order amends the timeframe for completion of the project. (Director of General Services) Staff recommendation: Council adopt the resolution. 4. RESOLUTION NO. 2004-037, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING mE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CHULA VISTA AND HILLTOP MIDDLE SCHOOL FOR THE PROVISION OF EXTENDED AFTER-SCHOOL PROGRAM HOURS, AMENDING mE FISCAL YEAR 2004 RECREATION DEPARTMENT BUDGET BY APPROPRIATING $917 IN UNANTICIPATED REVENUE, AND AUlliORIZING THE MAYOR TO EXECUTE SAID AGREEMENT (4/5THS VOTE REQUIRED) Page 3 - Council Minutes February 10, 2004 CONSENT CALENDAR (Continued) Hilltop Middle School was awarded a state grant for the provision of additional after- school progranuning hours. The school has asked the Recreation Department to provide these services, via a memorandum of understanding, for $917. 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. 5. RESOLUTION NO. 2004-038, RESOLUTION OF THE CITY COUNCIL OF mE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2004 LIBRARY DEPARTMENT BUDGET BY APPROPRIATING UNANTICIPATED DONATION REVENUE IN mE AMOUNT OF $11,400 (4/51HS VOTE REQUIRED) Since July 1, 2003, the Library Department has received donations from various organizations and individuals for the purchase of new books to add to the Library's collection. (Assistant City Manager Palmer) Staff recommendation: Council adopt the resolution. 6. RESOLUTION NO. 2004-039, RESOLUTION OF THE CITY COUNCIL OF mE CITY OF CHULA VISTA APPROVING CHANGE ORDER NO.3 FOR mE PAVEMENT REHABILITATION PROGRAM (CHIP SEAL) - FISCAL YEAR 2002 (pROJECT STL-277), AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS OPERATIONS TO EXECUTE SAID CHANGE ORDER ON BEHALF OF mE CITY On August 2, 2003, the Council approved Resolution No. 2003-323, awarding a contract for $748,817, to Windsor Fuel Company of Windsor, California, for this project. Proposed Change Order No.3, in the amount of $59,028.55, is for fmal adjustments to bid item quantities. (Director of Public Works Operations) Staff recommendation: Council adopt the resolution. 7. RESOLUTION NO. 2004-040, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE FORMAL BIDDING PROCESS, AWARDING AN AGREEMENT IN AN AMOUNT NOT TO EXCEED $100,000 TO THE SOLANA CENTER FOR ENVIRONMENTAL INNOVATION, FOR HOUSEHOLD HAZARDOUS WASTE PUBLIC INFORMATION, AND AUTHORIZING mE CITY MANAGER TO EXECUTE THE AGREEMENT AND ALL RELATED DOCUMENTS Staff coordinated the City's grant application with La Mesa and Encinitas, also recipients of a $300,000 award. It was the intent of all three sub-regional applicants to pool a portion of their respective grant funds to develop one consistent public education message for all County residents. Adoption of the resolution approves the renewal of an agreement with the Solana Center for Environmental Innovation, a not-for-profit public education agency. (Director of Conservation and Environmental Services) Staff recommendation: Council adopt the resolution. Page 4 - Council Minutes February 10, 2004 CONSENT CALENDAR (Continued) 8A. 9. RESOLUTION NO. 2004-041, RESOLUTION OF THE CITY COUNCIL OF mE CITY OF CHULA VISTA APPROVING mE FIRST AMENDED JOINT EXERCISE OF POWERS AGREEMENT WITH THE COUNTY OF SAN DIEGO, THE CITY OF IMPERIAL BEACH, AND THE UNIFIED PORT DISTRICT, FOR THE DEVELOPMENT OF A WATERSHED MANAGEMENT PLAN FOR THE OTAY RIVER WATERSHED, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT B. RESOLUTION NO. 2004-042, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FIRST AMENDED COOPERATIVE AGREEMENT WITH mE COUNTY OF SAN DIEGO, THE CITY OF IMPERIAL BEACH AND THE UNITED STATES ARMY CORP OF ENGINEERS, REGARDING mE DEVELOPMENT OF A SPECIAL AREA MANAGEMENT PLAN FOR THE OTAY RIVER WATERSHED, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT On April 15, 2003, the Council approved the joint exercise of powers agreement with the County of San Diego, the cities of Imperial Beach and San Diego, and the San Diego Unified Port District for the development of the Otay Watershed Management Plan. The Council also approved the cooperative agreement with the County of San Diego, the cities of San Diego and Imperial Beach, and the United States Army Corps of Engineers to prepare a Special Area Management Plan for the Otay River Watershed. Since that time, the City of San Diego reconsidered its participation as a signatory agency to the agreements due to budget constraints. Therefore, the proposed amendment removes the City of San Diego as a participating party and amends the agreements to allow the City Manager to execute future minor amendments to the agreements. (Director of Planning and Building) Staff recommendation: Council adopt the resolutions. RESOLUTION NO. 2004-043, RESOLUTION OF THE CITY COUNCIL OF mE CITY OF CHULA VISTA APPROVING THE THIRD AMENDMENT TO AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND REMY, THOMAS, MOOSE AND MANLEY, LLP FOR LEGAL SERVICES RELATED TO THE CITY OF CHULA VISTA MULTIPLE SPECIES CONSERVATION PROGRAM (MSCP) SUB-AREA PLAN, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT On November 11, 1999, the City retained Remy, Thomas, Moose and Manley, LLP to provide legal services for the MSCP Sub-area Plan. On May 13, 2003, the Council adopted the City's MSCP Sub-area Plan. It was necessary to spend additional time on the final plan and supporting documents. Additionally, prior to the issuance of the take permit and signing of the implementing agreement, the United States Forest and Wildlife Service determined there should be changes to the implementing agreement. Negotiations regarding the appropriateness of these changes will require additional legal services. Approval of this third contract amendment amends the original scope of work and provides payment for legal services rendered by Remy, Thomas, Moose and Manley. (Director of Planning and Building) Staff recommendation: Council adopt the resolution. Page 5 - Council Minutes February 10, 2004 ACTION: Deputy Mayor Salas moved to approve staff's recommendations and offered the Consent Calendar, headings read, texts waived. The motion carried 4-0, except on Item No.1, which carried 3-0-1, with Councilmember Rindone abstaining due to the proximity of his property to the project. ORAL COMMUNICATIONS There were none. PUBLIC HEARINGS 10. CONSIDERATION OF ACQUISITION OF CERTAIN RIGHTS-OF-WAY OVER PORTIONS OF ASSESSOR'S PARCEL NUMBERS 639-080-21 AND 639-080-22 FOR CONSTRUCTION OF TELEGRAPH CANYON ROAD STREET WIDENING PROJECT (CY-1O2) (Director of General Services, City Engineer) (Continued from January 13, 2004) 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. ACTION: Councilmember Rindone moved to continue the hearing indefinitely at the request of the property owners. Councilmember McCann seconded the motion and it carried 4-0. ACTION ITEMS 11. CONSIDERATION OF APPROVAL OF THE PROPOSED FINAL DRAFT PARK MASTER PLAN FOR THE PUBLIC COMMUNITY PARK IN THE SAN MIGUEL RANCH SUBDIVISION Adoption of the resolution approves the final draft park master plan for the 19-acre public community park in the San Miguel Ranch subdivision and the recommendation of the Parks and Recreation Commission to name the park "Mount San Miguel Park." (Director of General Services) Landscape Architect Krizan introduced the park master plan, and Glen Schmidt, project architect, discussed the proposed park design. Councilmember Rindone commented on the beautiful design and outstanding utilization of space that recognizes both passive and active activities. He asked whether the City would be charging for night time use of the lighting facilities. Parks and Recreation Director Martin responded that although the lights are linked to a time switch that would automatically turn off at 10:00 p.m., in cases where specific sports activities are held, lighting fees would be incorporated into the use of the facilities. With reference to the park monument sign, Councilmember Rindone asked that the City's logo be clearly reflected on the sign. Page 6 - Council Minutes February 10, 2004 ACTION ITEMS (Continued) Councilmember McCann commended staff on the details of the proposed park plan. He questioned the rationale for the three proposed softball fields. Mr. Krizan replied that the citywide recreation needs analysis identified the recreational needs of the City. The proposed softball fields fit the park's configuration and acreage. The community park for nearby Rolling Hills Ranch has the appropriate physical layout for soccer fields. Councilmember McCann was hopeful that the fields would not be progranuned continually in order to provide families the opportunity for social gatherings. Teresa Zielinski opposed the proposed skate park element of the plan. She stated that as a result of poor communications between the City and the developer, she and other residents were not given the opportunity to provide input on the proposed plan. Additionally, most of the public meetings were held before the residents had moved into the neighborhood. She talked about the damaged caused by skateboarders at the school campus where she teaches. Ms. Zielinski expressed concern regarding liability at the skate park and asked whether or not there would be park supervision. Deputy Mayor Salas asked if a vehicle exists for residents to continue to provide input. Mr. Griffin responded that residents would have adequate time to provide input due to the extensive park planning process and subsequent approval of the plan by the City's Parks and Recreation Commission. Deputy Mayor Salas asked how enforcement of helmet use would be managed at the skate park. Mr. Griffin responded that since the facility will not be supervised, users of the facility would need to apply the honor system and abide by the warning signs for helmet use. Councilrnember McCann said he hoped the skate park would merely provide an outlet for the local community, and he asked the City Attorney to speak to the City's liability with regard to "hazardous sports." City Attorney Moore responded that state legislation was passed a few years ago to limit liability with respect to cities or municipalities that have parks such as this, as long as there is appropriate signage posted, thereby placing responsibility on the youth and their parents for engaging in such an activity. Councilmember Davis asked whether there are any statistics or studies that show a decrease in property damage where such skate parks have been built. Mr. Krizan replied that based upon experiences by other cities, damage has been reduced. Mr. Schmidt added that through the various design elements of the proposed park, the other areas of the park have been planned in such a manner as to discourage skateboarders by the application of a decomposed granite walkway around much of the perimeter and the installation of vertical posts above the hand rails. ACTION: Councilmember Davis offered Resolution No. 2004-044, heading read, text waived: RESOLUTION NO. 2004-044, RESOLUTION OF THE CITY COUNCIL OF mE CITY OF CHULA VISTA APPROVING THE PROPOSED FINAL DRAFT PARK MASTER PLAN FOR THE 19-ACRE PUBLIC COMMUNITY PARK SITE IN mE SAN MIGUEL RANCH SUBDMSION The motion carried 5-0. Page 7 - Council Minutes February 10, 2004 ACTION ITEMS (Continued) 12. CONSIDERATION OF APPROVAL OF THE FINAL DRAFT PARK MASTER PLAN FOR THE PROPOSED PUBLIC NEIGHBORHOOD PARK IN THE EASTLAKE VISTAS SUBDIVISION Adoption of the resolution approves the fmal draft park master plan for the 12-acre public neighborhood park in the EastLake Vistas subdivision and the recommendation of the Parks and Recreation Commission to name the park "Mountain Hawk Park." (Director of General Services) Landscape Architect Krizan introduced the proposed park plan. Nick DeLorenzo, project architect, spoke regarding the park master plan and specifics of the park design, including location, sculpture elements, amphitheater, lake trail, open playfields, and bridge crossing adjacent to the site. Deputy Mayor Salas commented that the story associated with the park is a marvelous concept that would provide an exciting experience for children. Councilmember McCann commended the Eastlake Company for giving up prime property that provides a wonderful view of the lake. He also commended the design architect for providing an outstanding plan that addresses water quality concerns and integrates the park into the greenbelt system. He asked if park lighting would automatically shut off when the park closes at 10:00 p.m. Mr. Krizan stated that the lights would be set on an automatic timer. With reference to the amphitheatre element, Councilmember McCann asked whether there was appropriate scheduling in place to accommodate gatherings such as weddings. Parks and Recreation Director Martin replied that this was taken into consideration in the park planning process. Mr. Krizan added that the proposed park has a number of areas that are intended to be rented out for different occasions. Councilmember McCann recommended that staff compile a fee schedule in order to meet the anticipated demand by the community for use of the park site. Councilmember Rindone asked how the two proposed soccer field areas would be designated. Mr. Martin replied that since the park would be designated for passive use, the fields would be utilized for multi-purpose activities, with soccer being just one component. Councilmember Rindone asked if a monument sign was included in the plan, and Mr. Martin responded affirmatively. ACTION: Councilmember Rindone offered Resolution No. 2004-045, heading read, text waived: RESOLUTION NO. 2004-045, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FINAL DRAFT PARK MASTER PLAN FOR THE 12-ACRE PUBLIC NEIGHBORHOOD PARK SITE IN THE EASTLAKE VISTAS SUBDIVISION The motion carried 5-0. Page 8 - Council Minutes February 10, 2004 OTHER BUSINESS 13. CITY MANAGER'S REPORTS Public Information Officer Pursell announced that a race walk clinic for youth in the community is scheduled for Friday, February 13, 2004, at the Olympic Training Center. Also scheduled are the upcoming Olympic trials for the men's race walk on Sunday, February 15, 2004, at the Chula Vista Marina, followed by an awards banquet at 6:00 p.m. at the San Diego Country Club. 14. MAYOR'S REPORTS Ratification of appointment of Cynthia Drake to the Design Review Committee. ACTION: Deputy Mayor Salas moved to appoint Cynthia Drake to the Design Review Committee. Councilmember McCann seconded the motion, and it carried 4-0. 15. COUNCIL COMMENTS Councilmember Rindone spoke of the loss of Mida Torres-Stanovik, a long-time educator in the community, who recently lost her battle against cancer. He stated that a beautiful service was held in her memory on February 9, 2004. He requested that the Council adjourn the meeting in memory of her for her contributions to the community. Deputy Mayor Salas stated that she also attended the services of Ms. Torres-Stanovik, a person who touched the lives of many. CLOSED SESSION 16. CONFERENCE WIlli LEGAL COUNSEL REGARDING INITIATION OF LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(c) One case ACTION: Motion to approve entering as amicus party for Cerritos carried 4-0. 17. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8 Property: Chula Vista Cable Franchise (pertaining to public rights-of-way throughout the City of Chula Vista) Agency negotiators: David Rowlands, Jr., Michael Meacham, Glen Googins Negotiating Parties: City of Chula Vista and Chula Vista Cable (Marty Altbaum) Under Negotiation: Price and Terms of Franchise Extension/Conveyance This item was not discussed, and no action was taken. Page 9 - Council Minutes February 10, 2004 CLOSED SESSION (Continued) 18. CONFERENCE WIlli 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 This item was not discussed, and no action was taken. 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. Nos. A-02-12-27, A-02-12-028, and I 03-03-016) This item was not discussed, and no action was taken. ADJOURNMENT At 8:02 p.m., Deputy Mayor Salas adjourned the meeting in memory of Mida Torres-Stanovik to the Regular Meeting of February 17, 2003, at 6:00 p.m. in the Council Chambers. ~ ~'.Susan Bigelow, CMC, City Clerk Page 10 - Council Minutes February 10, 2004