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Home My WebLink Aboutcc min 2004/05/18 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA May 18, 2004 6:00P.M. A Regular Meeting of the City Council of the City of Chula Vista was called to order at 6:01 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, 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 BY MAYOR PADILLA OF A PROCLAMATION TO VANESSA PRESTON, ON BEHALF OF GERRIE PRESTON, DECLARING MAY AS ALS AWARENESS MONTH Mayor Padilla read the proclamation, and Deputy Mayor Salas presented it to Ms. Preston. CONSENT CALENDAR (Items I through 12) 1. APPROVAL OF MINUTES of April 20 and April 27, 2004. Staff recommendation: Council approve the minutes. 2. WRITTEN CORRESPONDENCE A. Request from Councilmember Davis for an excused absence from the May 11, 2004 City Council Meeting. Staff recommendation: Council excuse the absence. B. Request from Councilmember McCann for an excused absence from the May I I, 2004 City Council Meeting. Staff recommendation: Council excuse the absence. ..------... CONSENT CALENDAR (Continued) 3. ORDINANCE NO. 2963, 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 (SECOND READING) The applicant, Cornerstone, GDCI Chula Vista, LP, has submitted an application to amend the EastLake III planned 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-IA residential single family (5,000-6,000 square-foot lots). This ordinance was introduced May 4,2004. (Director of Planning and Building) Staff recommendation: Council adopt the ordinance. 4. RESOLUTION NO. 2004-152, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DIRECTING REVIEW OF THE CITY OF CHULA VISTA CONFLICT OF INTEREST CODE The proposed resolution directs the City Attorney and City Clerk (1) to review the City's Conflict of Interest Code on behalf of all staff and designated commissions and boards to determine whether or not amendments are needed and (2) to submit a notice to the Council prior to October 1, 2004, indicating either that amendments are required or that no amendments are necessary. (City Clerk, City Attorney) Staff recommendation: Council adopt the resolution. 5. RESOLUTION NO.2004-153, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $100,000 FROM THE OFFICE OF EMERGENCY SERVICES, AMENDING THE FISCAL YEAR 2003/2004 BUDGET TO APPROPRIATE $100,000, WAIVING THE CONSULTANT SELECTION PROCESS AND APPROVING CONTRACTUAL AGREEMENT WITH SOUTH BAY COMMUNITY SERVICES TO PROVIDE SERVICES FOR DOMESTIC VIOLENCE CASES The Chula Vista Police Department and South Bay Community Services have been providing the Domestic Violence Response Team services for the past seven years. The proposed contract formally continues provision of those services, which include comprehensive assessments of children and families, immediate crisis intervention and follow-up services for the victim and children. (Chief of Police) Staff recommendation: Council adopt the resolution. 6. RESOLUTION NO. 2004-154, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE AFFORDABLE HOUSING AGREEMENT RELATED TO ROLLING HILLS RANCH, BETWEEN THE CITY AND MCMILLIN ROLLING HILLS RANCH, LLC, AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT I Page 2 - Council Minutes May 18,2004 I I I I -------- CONSENT CALENDAR (Continued) McMillin Rolling Hills Ranch LLC has a two-unit obligation to provide affordable housing based upon the proposed development units within Neighborhood 7C. Approval of the agreement requires the developer to construct the units or utilize alternative development methods. (Director of Community Development) Staff recommendation: Council adopt the resolution. 7A. RESOLUTION NO. 2004-155, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FINAL MAP OF CHULA VISTA TRACT NO. 03-13, ROLLING HILLS RANCH NEIGHBORHOOD 7C; APPROVING THE ASSOCIATED SUBDIVISION IMPROVEMENT AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS; AND APPROVING A SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR ROLLING HILLS RANCH NEIGHBORHOOD 7C B. RESOLUTION NO. 2004-156, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE GRANT OF EASEMENTS AND MAINTENANCE AGREEMENT FOR ROLLING HILLS RANCH NEIGHBORHOOD 7C C. RESOLUTION NO. 2004-157, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ORDERING THE SUMMARY VACATION OF THE IRREVOCABLE OFFER OF DEDICATION OF LOT "A" FOR OPEN SPACE AND OTHER PUBLIC PURPOSES PER MAP NO. 14164 On August 26, 2003, the Council approved a tentative subdivision map for Rolling Hills Ranch neighborhood 7C. Adoption of the resolution approves the final "B" map, its associated subdivision and supplemental subdivision improvement agreements, and a grant of easements and maintenance agreement. (Director of General Services, City Engineer) Staff recommendation: Council adopt the resolutions. 8A. RESOLUTION NO. 2004-158, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FINAL MAP OF CHULA VISTA TRACT NO. 01-11, OTAY RANCH VILLAGE 11, NEIGHBORHOOD R-3; APPROVING THE ASSOCIATED SUBDIVISION IMPROVEMENT AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS; AND APPROVING A SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR CHULA VISTA TRACT NO. 01-11, OTAY RANCH VILLAGE 11, NEIGHBORHOOD R-3 B. RESOLUTION NO. 2004-159, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE GRANT OF EASEMENTS AND MAINTENANCE AGREEMENT FOR CHULA VISTA TRACT 01-11, OTAY RANCH VILLAGE 11, NEIGHBORHOOD R-3 Page 3 - Council Minutes May 18, 2004 .0. CONSENT CALENDAR (Continued) On October 23, 2001, the Council approved a tentative subdivision map for Otay Ranch Village 11. Adoption of the resolutions approves the final "B" map, its associated subdivision and supplemental subdivision improvement agreements, and a grant of easements and maintenance agreement. (Director of General Services, City Engineer) Staff recommendation: Council adopt the resolutions. 9A. RESOLUTION NO. 2004-160, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FINAL MAP OF CHULA VISTA TRACT NO. 01-11, OTAY RANCH VILLAGE 11, NEIGHBORHOOD R-lO; APPROVING THE ASSOCIATED SUBDIVISION IMPROVEMENT AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS; AND APPROVING A SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR CHULA VISTA TRACT NO. 01-11, OTAYRANCH VILLAGE 11, NEIGHBORHOODR-lO B. RESOLUTION NO. 2004-161, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE GRANT OF EASEMENTS AND MAINTENANCE AGREEMENT FOR CHULA VISTA TRACT NO. 01-11, OTAY RANCH VILLAGE 11, NEIGHBORHOOD R-I0 On October 23,2001, the Council approved a tentative subdivision map for Otay Ranch Village 11. Adoption of the resolutions approves the final "B" map, its associated subdivision and supplemental subdivision improvement agreements, and a grant of easements and maintenance agreement that will allow the project to proceed. (Director of General Services, City Engineer) Staff recommendation: Council adopt the resolutions. 10. RESOLUTION NO. 2004-162, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DECLARING THE CITY-OWNED LAND ON THE NORTHWEST CORNER OF PALOMAR STREET AND TRENTON AVENUE (PORTION OF APN 617-071-09) AS "EXEMPT SURPLUS LAND," ACCEPTING THE OFFER TO PURCHASE, AUTHORIZING THE OPENING OF ESCROW AND EXECUTION OF ALL NECESSARY DOCUMENTS TO COMPLETE THE TRANSACTION As a part of the Palomar Street improvement project, the City acquired the property located at the northwest corner of Palomar Street and Trenton Avenue. In September 2003, the Council designated and set aside 3,849 square feet of the parcel as right-of-way for the project. Adoption of the resolution approves the sale of the remaining 4,824 square feet of surplus land, which is not needed by the City. (Director of General Services, City Engineer) Staff recommendation: Council adopt the resolution. Page 4 - Council Minutes May 18,2004 ---- ~ CONSENT CALENDAR (Continued) 11. RESOLUTION NO. 2004-163, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING TRAFFIC SIGNAL FUNDS TO THE CENTRAL CONTROL AND TRAFFIC COMMUNICATION LINKS PROJECT (TF- 290) This project involves the installation of fiber optic interconnect lines under H Street from Fourth Avenue to Hidden Vista Drive and interconnect lines to numerous traffic signals along H Street. Adoption of the resolution appropriates $150,000 in additional traffic signal funds to cover unanticipated staff time demands for design and inspection activities. (Director of General Services, City Engineer) Staff recommendation: Council adopt the resolution. 12. RESOLUTION NO. 2004-164, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE APPROPRIATION OF PARK ACQUISITION DEVELOPMENT (pAD) IMPACT FEE FUNDS IN THE AMOUNT OF $40,000 FOR THE DESIGN AND CONSTRUCTION OF A MODULAR SKATE FACILITY WITHIN HERITAGE PARK, AN EXISTING PUBLIC NEIGHBORHOOD PARK SITE WITHIN VILLAGE ONE OF THE OTAY RANCH MASTER-PLANNED DEVELOPMENT, AND AUTHORIZING STAFF TO EXPEND THESE FUNDS FOR THE HERITAGE PARK SKATE FACILITY CAPITAL IMPROVEMENT PROJECT (PR-259) The proposed concept provides an approved area for skateboarders, in-line skaters, roller skaters and scooter riders to practice at a novice skill level at Heritage Park. It is anticipated that by having this area available, there will be a significant decline in skateboard-related damage to the park furniture at Heritage Park. (Director of General Services) Staff recommendation: Council adopt the resolution. ACTION: Mayor Padilla moved to approve staffs recommendations and offered the Consent Calendar, headings read, texts waived. The motion carried 5-0. ORAL COMMUNICATIONS There were none. PUBLIC HEARINGS 13. CONSIDERATION OF APPROVAL OF AN AMENDMENT TO SECTION 19.48.020 OF THE CHULA VISTA MUNICIPAL CODE, ELIMINATING THE REQUIREMENT FOR UNIFIED CONTROL OF PROPERTY WITHIN THE P-C ZONE (Continued from May 11, 2004) Adoption of the ordinance approves the deletion of a provision from the Municipal Code that currently requires consent of property owners for amendments of sectional planning area plans within the P-C Zone. (Director of Planning and Building) Page 5 - Council Minutes May 18, 2004 - _.__._.._~_.._.... . PUBLIC HEARINGS 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. Special Planning Projects Manager Hare presented the proposed zone amendments, stating that the amendments would not alter any land use or provisions for providing notice to property owners and would not affect the outcome of any land use decision. With no members of the public wishing to speak, Mayor Padilla closed the public hearing. ACTION: Deputy Mayor Salas offered the following ordinance for first reading and Urgency Ordinance No. 2964-A for adoption, headings read, texts waived: ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING SECTION 19.48.020 OF THE CHULA VISTA MUNICIPAL CODE, DELETING PARAGRAPH 'B' TO ELIMINATE THE REQUIREMENT FOR UNIFIED CONTROL OF PROPERTY WITHIN THE P-C ZONE URGENCY ORDINANCE NO. 2964-A, URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING SECTION 19.48.020 OF THE CHULA VISTA MUNICIPAL CODE, DELETING PARAGRAPH 'B' TO ELIMINATE THE REQUIREMENT FOR UNIFIED CONTROL OF PROPERTY WITHIN THE P-C ZONE The motion carried 5-0. Councilmember Rindone asked that a letter from the Mayor's Office be sent to the school district indicating that the Council's action will assist the district in procuring a high school site. 14. CONSIDERATION OF APPROVAL OF AN AMENDMENT TO THE OTAY RANCH GENERAL DEVELOPMENT PLAN TO ALLOW FOR THE SUBMITTAL OF SECTIONAL PLANNING AREA PLANS ON PROPERTIES COMPRISING LESS THAN THE WHOLE OF A VILLAGE (Continued from May 11, 2004) Adoption of the resolution approves an amendment to existing provisions within the Otay Ranch general development plan to allow the submittal of an application for a sectional planning area plan if the applicant does not control the entirety of a village. (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. Page 6 - Council Minutes May 18, 2004 u_______n__--- - .- PUBLIC HEARINGS (Continued) Mayor Padilla opened the public hearing. Special Planning Projects Manager Hare presented the proposed amendments and stated that there would be an obligation on the part of applicants to have conferred with and informed other property owners within the village of their intent to file an application. Mr. Hare added that there would be no changes to land use or outcome. Deputy Mayor Salas requested assurance that every applicant would be treated with fairness so as not to impede their ability to develop their property. There being no members of the public wishing to speak, Mayor Padilla closed the hearing. ACTION: Deputy Mayor Salas offered Resolution No. 2004-165, heading read, text waived: RESOLUTION NO. 2004-165, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING PART II, SECTION E.l OF THE OTAY RANCH GENERAL DEVELOPMENT PLAN TO ALLOW FOR THE SUBMITTAL OF SECTIONAL PLANNING AREA PLANS ON PROPERTIES COMPRISING LESS THAN THE WHOLE OF A VILLAGE The motion carried 5-0. 15. CONSIDERATION OF ADOPTION OF A SPECIFIC PLAN (PCM-02-10) FOR THE AUTO PARK EAST EXPANSION Adoption of the resolution and ordinance approves the Auto Park East specific plan, implementing the easterly expansion of the existing Chula Vista Auto Park on Main Street. The specific plan allows for the future development of auto dealerships and supporting uses on approximately 31 acres on the south side of Main Street, east of the existing auto park. (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. John Willett, representing the Otay Valley Regional Park Citizens Advisory Committee, spoke in support of the plan. He referenced two major multi-purpose trails proposed in the original concept plan for the Otay Valley Regional Park and requested that there be a 15- foot easement at the base of the slope. He also expressed concern regarding storm run-off water in the Otay River Valley but said he understood that staff was addressing the matter. ACTION: Councilmember Rindone moved to continue the hearing to the meeting of June 1, 2004, as requested by staff. Councilmember Davis seconded the motion, and it carried 5-0. Page 7 - Council Minutes May 18, 2004 .,.- OTHER BUSINESS 16. CITY MANAGER'S REPORTS There were none. 17. MAYOR'S REPORTS Mayor Padilla recommended the cancellation of the Council meeting of May 25,2004 to provide sufficient time for public input into the bayfront master planning process at the joint City CouncillPort Commission meeting beginning at 4:00 p.m. on the same date. ACTION: Mayor Padilla moved to cancel the regular meeting of May 25, 2004. Councilmember McCann seconded the motion, and it carried 5-0. 18. COUNCIL COMMENTS Councilmember McCann stated that he attended the recent firefighters retirement dinner, and he offered well wishes to the retirees and continued success for the Fire Department. . Deputy Mayor Salas: Consideration of the Council to take a position to oppose the federal CLEAR Act. Deputy Mayor Salas reported on the CLEAR Act, which would require state and local police to enforce federal civil immigration laws. She explained that this potential shift in priorities would result in less time for police officers to perform their main mission of crime solving and prevention. She referenced a letter dated September 19, 2003 from the California Police Chiefs Association, of which Police Chief Emerson is an executive member, expressing opposition to the act. Deputy Mayor Salas asked the Council to send a letter of opposition to the congressional delegation. Councilmember Rindone questioned how this matter fit with the City's legislative plan. Intergovemmental Affairs Coordinator Kelly responded that since the matter does not fall specifically within the guidelines of the City's legislative program, it would require action by the Council as a whole. Councilmember Davis spoke in support of the comments by Deputy Mayor Salas, adding that the proposed act is an example of another unfunded mandate by the federal government. Councilmember McCann believed that the Immigration and Naturalization Service should enforce its own guidelines and spoke in support of opposing the CLEAR Act. He also requested that a staff analysis be provided in advance to the Council on future state or federal issues. ACTION: Deputy Mayor Salas moved to oppose the federal CLEAR Act. Councilmember Davis seconded the motion, and it carried 5-0. Page 8 - Council Minutes May 18, 2004 ---------- -------- ADJOURNMENT At 6:38 p.m., Mayor Padilla adjourned the meeting to an Adjourned Regular Meeting on May 19,2004 at 6:00 p.m., in the Council Chambers, thence to an Adjourned Regular Meeting with the Board of Port Commissioners on May 25,2004 at 4:00 p.m. in the Council Chambers, thence to an Adjourned Regular Meeting on May 27,2004 at 6:00 p.m. in the John Lippitt Public Works Center. ~ á....LJ~~J &. , Susan Bigelow, CMC, Ci Clerk Page 9 - Council Minutes May 18, 2004