Loading...
HomeMy WebLinkAboutcc min 2004/05/04 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA May 4,2004 4:00 P.M. A Regular Meeting of the City Council of the City of Chula Vista was called to order at 4:07 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 ABSENT: Councilmembers: None ALSO PRESENT: City Manager Rowlands, Assistant City Manager Krempl, City Attorney Moore, Deputy City Attorney Hull, and Assistant City Clerk Norris PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE Mayor Padilla recognized the 4th, 5th, and 6th grade students and teacher Victor Arizpe, representing Chula Vista Hillls Elementary School, who attended the meeting. SPECIAL ORDERS OF THE DAY . INTRODUCTION BY MAYOR PADILLA OF NATALIE FLORES, EXECUTIVE SECRETARY TO THE MAYOR AND COUNCIL Mayor Padilla introduced Natalie Flores and welcomed her to the City. . INTRODUCTION BY MARIA KACHADOORIAN, DIRECTOR OF FINANCE, OF THE EMPLOYEE OF THE MONTH, ROBERT TOMS, ACCOUNTANT Finance Director Kachadoorian introduced Mr. Toms. Mayor Padilla read the proclamation, and Deputy Mayor Salas presented it to Mr. Toms. . PRESENTATION BY MAYOR PADILLA OF A PROCLAMATION TO POLICE CHIEF, RICHARD EMERSON, PROCLAIMING MAY 5, 2004 AS PEACE OFFICERS' MEMORIAL DAY IN THE CITY OF CHULA VISTA Police Chief Emerson stated that 77 officers who lost their lives in the line of duty would be recognized at the memorial service in Balboa Park on May 5th, and he invited all to attend. Mayor Padilla read the proclamation, and Deputy Mayor Salas presented it to the Chief. . PRESENTATION BY MAYOR PADILLA OF A PROCLAMATION TO DR. WILMA WOOTEN, DEPUTY HEALTH OFFICER, SAN DIEGO COUNTY PUBLIC HEALTH SERVICES, PROCLAIMING THE WEEK OF MAY 9 THROUGH MAY 15,2004 AS NATIONAL WOMEN'S HEALTH WEEK Mayor Padilla read the proclamation, and Deputy Mayor Salas presented it to Dr. Wooten. -- SPECIAL ORDERS OF THE DAY (Continued) . PRESENTATION BY MAYOR PADILLA OF A PROCLAMATION TO EXALTED RULER, GEORGE BASYE AND YOUTH ACTIVITIES CHAIRMAN, GARRY HUMMEL, OF ELKS LODGE NO. 2011, PROCLAIMING THE WEEK OF MAY 2 THROUGH MAY 8, 2004 AS YOUTH WEEK Mayor Padilla read the proclamation, and Deputy Mayor Salas presented it to Messrs. Basye and Hummel. CONSENT CALENDAR (Items 1 through 6) Mayor Padilla noted that Item 6 would be continued to a future date at the request of staff. Councilmember Rindone asked staff to clarify the $190 technical report fee when the item is presented. 1. WRITTEN COMMUNICATIONS A. Letter of resignation from Ricardo Gibert, member of the Board of Ethics. Staff recommendation: Council accept the resignation and direct the City Clerk to post the vacancy in accordance with the Maddy Act. 2. RESOLUTION NO. 2004-139, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2004 LIBRARY DEPARTMENT BUDGET BY APPROPRIATING A ONE-TIME UNANTICIPATED GRANT REVENUE IN THE AMOUNT OF $12,000 FOR THE EVEN START F AMIL Y LITERACY GRANT The Chula Vista Literacy Team recently received a one-time augmentation to the Even Start Family Literacy grant in the amount of $12,000 for Fiscal Year 2004. (Assistant City Manager Palmer) Staff recommendation: Council adopt the resolution. 3. RESOLUTION NO. 2004-140, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM (CALPERS) RESOLUTION, AUTHORIZING THE MAYOR TO EXECUTE THE APPLICATION AND AGREEMENT WITH THE CALPERS BOARD TO PROVIDE COVERAGE UNDER THE CALIFORNIA STATE SOCIAL SECURITY AGREEMENT OF MARCH 9, 1951, EXTENDING MEDICARE-ONLY COVERAGE EFFECTIVE OCTOBER 1, 2004, TO THOSE MISCELLANEOUS EMPLOYEES WHO ELECTED COVERAGE AS A RESULT OF THE DIVISION OF A RETIREMENT SYSTEM, AND DESIGNATING THE DIRECTOR OF HUMAN RESOURCES AS THE CITY'S AUTHORIZED AGENT IN THESE MATTERS Page 2 - Council Minutes May 4, 2004 - -----~---- ----------_.---------- CONSENT CALENDAR (Continued) In August 2003, the Council authorized staff to take the actions needed to provide Medicare-Only coverage to those eligible employees hired prior to April 1, 1986. The subject application and agreement are the next step in the process. (Director of Human Resources) Staff recommendation: Council adopt the resolution. 4A. RESOLUTION NO. 2004-141, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING CHANGE ORDER NO.4 FOR THE HILLTOP PARK REHABILITATION PROJECT (PR-232) IN THE AMOUNT OF $17,070 AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS OPERATIONS TO EXECUTE SAID CHANGE ORDER ON BEHALF OF THE CITY B. RESOLUTION NO. 2004-142, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A BUDGET TRANSFER IN THE AMOUNT OF $132,720 FROM THE CIVIC CENTER HVAC EQUIPMENT UPGRADES CAPITAL IMPROVEMENT PROJECT (GG-166) TO THE HILLTOP PARK REHABILITATION PROJECT (PR-232) FOR UNANTICIPATED ADDITIONAL SCOPE OF WORK, STAFF TIME EXPENSES INCURRED PRIOR TO AND DURING CONSTRUCTION OF THE PROJECT AND GEO- TECHNICAL INSPECTION SERVICES AS NECESSARY TO COMPLETE THE PROJECT According to City Council Policy No. 574-01, proposed change order 4 exceeds the cumulative contract change order aggregate amount allowable to be approved by the Director of Public Works. Change order 4 is for additional work necessary to complete the project, as well as for staff time expenses incurred prior to and during construction of the project and geo-technical inspection services. (Director of General Services) Staff recommendation: Council adopt the resolutions. SA. RESOLUTION NO. 2004-143, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FINAL MAP OF CHULA VISTA TRACT NO. 04-01, THE SUMMIT AT EASTLAKE; APPROVING THE ASSOCIATED SUBDIVISION IMPROVEMENT AGREEMENT FOR THE COMPLETION OF THE IMPROVEMENTS; AND APPROVING A SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR CHULA VISTA TRACT 04-01 B. RESOLUTION NO. 2004-144, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE GRANT OF EASEMENTS AND MAINTENANCE AGREEMENT FOR CHULA VISTA TRACT 04-01, THE SUMMIT ATEASTLAKE On January 13, 2004, the Council approved a tentative subdivision map for The Summit at EastLake. Adoption of the resolution approves the final map, its associated subdivision and supplemental subdivision improvement agreements, a grant of easements and a maintenance agreement. (Director of General Services, City Engineer) Staff recommendation: Council adopt the resolutions. Page 3 - Council Minutes May 4, 2004 - -------- CONSENT CALENDAR (Continued) 6. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING CHANGES TO THE MASTER FEE SCHEDULE Several departments are recommending changes to the master fee schedule to update flat fees. These departments include the Nature Center, Police, Fire, Recreation, and Plarming and Building. The proposed changes include both amendments to existing fees and the implementation of new fees. (Assistant Director of Budget and Analysis) Staff recommendation: Continue the item to a future meeting. ACTION: Councilmember Rindone moved to approve staffs recommendations, including continuing Item 6 to a future meeting, and offered Consent Calendar Items 1 through 5, headings read, texts waived. The motion carried 5-0. ORAL COMMUNICATIONS Glenda de Vaney invited the community to attend the historic home tour on Saturday, May 8th, and encouraged Councilmembers to become celebrity tour docents. PUBLIC HEARINGS 7. CONSIDERATION OF APPROVAL OF THE CONSOLIDATED ANNUAL PLAN FOR FISCAL YEAR 2004/2005 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG), HOME INVESTMENT PARTNERSHIP (HOME), AMERICAN DREAM DOWN PAYMENT (ADDI), AND THE EMERGENCY SHELTER GRANT (ESG) PROGRAMS; AUTHORIZATION OF TRANSMITTAL OF THE CONSOLIDATED ANNUAL PLAN TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD); AND INSTRUCTION TO STAFF TO INCLUDE APPROPRIATIONS TO FUND THE CONSOLIDATED ANNUAL PLAN IN THE FISCAL YEAR 2004/2005 PROPOSED BUDGET The Consolidated Annual Plan identifies a strategy for addressing the needs of the community through the use of CDBG, HOME, ADDI, and ESG funds. These needs include allocating funds for administration and plarming, capital improvements, community projects, economic development, public services, affordable housing, single- family rehabilitation, and first-time homebuyer programs. The Council held a public hearing on April 6, 2004 to review and receive public comment on projects and programs being considered for CDBG, HOME, ADDI, and ESG funding. (Director of Community Development) 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. Page 4 - Council Minutes May 4,2004 _.- ----------- -- .----------- - ------ PUBLIC HEARINGS (Continued) Ed Lopez, representing the South County Economic Development Council, spoke regarding the Small Business Lending Program. ACTION: Councilmember Rindone moved to continue the hearing to May 11, 2004 at the request of staff. Councilmember Davis seconded the motion, and it carried 5-0. 8. CONSIDERATION OF APPROVAL OF AN AMENDMENT TO THE EASTLAKE III PLANNED COMMUNITY LAND USE DISTRICT REGULATIONS AND MAP TO CHANGE 19.48 ACRES FROM RS-2 TO RS-lA, WITHIN A PORTION OF THE VISTAS RESIDENTIAL 6 NEIGHBORHOOD (pCM 04-12) (APPLICANT: CORNERSTONE, GDCI CHULA VISTA, LP) Cornerstone, GDCI Chula Vista, LP, submitted an application to amend the EastLake III plarmed community district regulations and land use district map to change the land use designation within a portion of the Vistas Residential 6 neighborhood from RS-2, Residential Single Family (5,000 square foot lots) to RS-lA, Residential Single Family (5,000-6,000 square foot lots). (Director of Planning and Building) 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. Associate Plarmer Donn presented the proposed amendments to the Eastlake III Project. With no members of the public wishing to speak, Mayor Padilla closed the hearing. ACTION: Councilmember McCarm offered the following ordinance for first reading, heading read, text waived: ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AMENDMENTS TO THE EASTLAKE III PLANNED COMMUNITY DISTRICT REGULATIONS AND LAND USE DISTRICTS MAP, TO CHANGE 19.48 ACRES SOUTH OF OLD JANAL ROAD AND WEST OF LAKE CREST DRIVE FROM RS-2 TO RS-IA WITHIN THE VISTAS RESIDENTIAL 6 NEIGHBORHOOD The motion carried 5-0. ACTION ITEMS 9. CONSIDERATION OF APPROVAL OF REVISIONS TO THE ENVIRONMENTAL REVIEW PROCEDURES OF THE CITY OF CHULA VISTA Adoption of the resolution approves revisions to the City's environmental review procedures that would streamline and standardize the public review period for environmental documents, achieve greater long-term consistency with CEQA guidelines, and eliminate an inefficient use of resources. (Director of Planning and Building) Page 5 - Council Minutes May 4, 2004 ---- -- --------- - ACTION ITEMS (Continued) Plarming and Building Director Sandoval explained that a consultant firm reviewed the City's environmental review process. Staff reviewed the firm's suggestions and believed that the proposed changes would provide more efficiency to the process but would not minimize the opportunity for public input. Environmental Projects Manager Hellman presented the proposed revisions that would standardize and streamline the public review process, result in a clearer, more accurate written record, eliminate an inefficient use of resources, retain ample opportunities for public comment, and not preclude decision-makers from soliciting public input in advance of the final hearing. He added that the Plarming Commission unanimously approved the proposed recommendations, while the Resource Conservation Commission unanimously opposed them. Deputy Mayor Salas asked the timeline to complete the guidelines in their entirety and if future modifications would impact the currently proposed changes. Environmental Review Coordinator Ponseggi replied that the intent of the revisions proposed at this time was to address the most inefficient or out-of-date guidelines, and the completed guidelines are expected to be brought to the Council in late summer or fall 2004. Mayor Padilla summarized differences between the current and proposed procedures with regard to receiving public comments. He stated that with the proposed procedures, the only opportunity for public oral or written comment to be placed on the record with regard to a draft environmental impact report (EIR) would come during the comment period, and this would apply only to members of the public who had sufficient knowledge ofthe process. Ms. Ponseggi responded that a notice of availability of an EIR is sent to all property owners within 500 feet of a project, and the notice solicits written comments. In some circumstances, a notice is also published in the local newspaper. Mayor Padilla asked if there would be an opportunity for oral comment other than at the Council's final certification and project adoption public hearing. Ms. Ponseggi replied that there would be the opportunity for oral comment when the document comes before the Plarming Commission for a recommendation. Mayor Padilla commented that not all projects fall under the Plarming Commission's jurisdiction. In those instances, there would be a single opportunity, when the Council considers not only certifying the EIR but also approving the project, for the public to comment orally, and then their comments would not be responded to in the final draft EIR unless a new policy were adopted that would require a public hearing at the close ofthe public comment period. Laura Hunter, representing the Environmental Health Coalition, expressed concern about losing public meetings on important projects and stated that hearings should be held during the public comment period to enable the public to learn more about a project. She asked the Council to refer the matter back to the Plarming Commission for further study. Page 6 - Council Minutes May 4,2004 -------------- ------ - --------- -- - ---- --~--- ACTION ITEMS (Continued) Gabriel Solmer, representing San Diego Baykeeper, urged the Council not to reduce opportunities for public involvement in the process. She asked about EIR's that are currently in progress and how they would be affected by procedural changes anticipated later in the summer. Ms. Ponseggi responded that the new guidelines would go into effect immediately but added that there are currently no EIR documents under public review. Theresa Acerro stated that opportunities for public comment should not be eliminated and that draft EIR's should be reviewed by both the Resource Conservation and Plarming Commissions, prior to the public process. She recommended that the proposed revisions be returned to the respective commissions for reconsideration. Teresa Thomas, representing the Resource Conservation Commission, asked the Council to welcome open, public input in the process. She stated that the Commission voted in opposition because neither the adopted nor proposed procedures require the Commission to make recommendations on all draft EIR's, and the proposed procedures eliminate the opportunity for public comment. John Chavez stated that public input into the draft EIR is the most important step in the process. It is the only time when a public hearing is held, and the hearing enables the public to propose alternate projects. He expressed concern that eliminating public input would damage the public trust in the process. Gus Chavez, representing South Bay Forum, commented that the current proposal severely limits public input and participation with regard to significant projects and the environment. He urged the Council not to eliminate the public hearing on the draft EIR, especially on larger and more important project, and to reject the current proposal. Lupita Jiminez, representing South Bay Greens, opposed the suggested revisions, stating that South Bay Greens is particularly opposed to the elimination of public input and hearings during the early stages of a draft EIR. She also believed that a process requiring citizen input to be in writing would not be citizen-friendly. Additionally, the elimination of an appeals process would make the procedure inflexible and unalterable. She asked the Council to continue the item or refer it back to the Plarming Commission. JoAnne Springer stated that procedures should be consistent across the board. She believed the proposed streamlining process would create public suspicion, and she urged the Council to abandon its further consideration. Pamela Bensoussan, representing the Resource Conservation Commission, opposed the proposed revisions, stating that the changes would limit early and timely citizen input. She expressed the need to maintain open public dialogue. Mayor Padilla stated that the City needs a policy that allows oral comment during the public comment period on EIR's. He said he could not support the proposed policy and suggested that the matter be referred back to staff to work with community groups to develop an appropriate policy. Page 7 - Council Minutes May 4, 2004 -__u___m__- 0__--___- ACTION ITEMS (Continued) Plarming and Building Director Sandoval commented that if there were the flexibility to hold a Plarming Commission hearing during the 45-day public review period, the process would not be further delayed and would provide for full public participation. Deputy Mayor Salas stated that she could not support the proposed recommendations. She expressed the need for public participation and believed that moving forward with the proposal would send the wrong message to the community. Additionally, she stated she could not support the plan, since further clarification of the environmental review procedures is anticipated in late summer, and she preferred to approve the procedures as a whole. Councilmember Rindone stated that the City encourages open, public participation, and he recommended that the proposal be referred back to the Plarming Commission for review. Councihnember McCann spoke in support of a streamlined process that would also protect public input. Councilmember Davis spoke in support of continued public input in a marmer that will obtain the maximum input in a timely fashion. She suggested that the guidelines be referred back to staff to review the public hearing process. ACTION: Mayor Padilla moved to refer the proposed guidelines back to staff and the Plarming Commission to work with interested community groups and propose revisions to the procedures that are consistent with CEQA requirements. Councilmember Rindone seconded the motion, and it carried 5-0. OTHER BUSINESS 10. CITY MANAGER'S REPORTS City Manager Rowlands asked the Council to consider changing the time of the May 11, 2004 meeting from 6:00 p.m. to 6:30 p.m. ACTION: Mayor Padilla moved to change the time of the May 11 meeting from 6:00 to 6:30 p.m. Deputy Mayor Salas seconded the motion, and it carried 5-0. 11. MAYOR'S REPORTS . Request to direct staff to come back with a proposal to publicly recognize Billy Casper for significant achievements. This item was continued to a future meeting pending receipt of additional information. 12. COUNCIL COMMENTS All Councilmembers commended the Downtown Business Association on its successful Cinco de Mayo event. Councilmember McCarm also commented on the successful grand opening and tours of the new police facility. Page 8 - Council Minutes May 4,2004 ---______m ------------- ~----.._-----_.._- _m____--..-.. CLOSED SESSION 13. 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) Agency negotiators: David Rowlands, Jr., Sid Morris, David Huard Negotiating Parties: City of Chula Vista and San Diego Gas & Electric (various representatives) Under Negotiation: Price and terms of franchise conveyance No reportable action was taken on this item. 14. 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-l2-27, A-02-l2-028, and I 03-03- 016) No reportable action was taken on this item. 15. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b) . One case This item was not discussed, and no action was taken. ADJOURNMENT At 7:40 p.m., Mayor Padilla adjourned the meeting to the Regular Meeting of May II, 2004, at 6:30 p.m. in the Council Chambers. d~ß~ Donna Norris, Assistant City Clerk Page 9 - Council Minutes May 4,2004