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HomeMy WebLinkAboutcc min 2004/07/13 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA July 13, 2004 6:00 P.M. A Regular Meeting of the City Council of the City of Chula Vista was called to order at 6: 1 0 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, 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 . INTRODUCTION BY DEPUTY FIRE CHIEF JEFF PETER OF THE RECENTLY HIRED FIRE COMMUNICATIONS CENTER STAFF; NATIONAL ANTHEM TO BE SUNG BY JAMMI JOHNSON, FIRE DISPATCHER Deputy Fire Chief Peter gave a brief update on the new fire communications center and introduced its newly hired staff. Fire Dispatcher Jammi Johnson then performed the national anthem. . OATH OF OFFICE: PERNY COSCA-REESE, HUMAN RELATIONS COMMISSION City Clerk Bigelow administered the oath to Perny-Cosca-Reese, and Deputy Mayor Salas presented her with a certificate of appointment. . INTRODUCTION BY LOUIE VIGNAPIANO, DIRECTOR OF MANAGEMENT AND INFORMATION SYSTEMS, OF THE EMPLOYEE OF THE MONTH, MARILYN JARDINE, DATA ENTRY CLERK Management and Information Systems Director Vignapiano introduced employee of the month Marilyn Jardine. Mayor Padilla read the proclamation, and Deputy Mayor Salas presented it to Ms. Jardine. . PRESENTATION BY MAYOR PADILLA OF (1) A PROCLAMATION TO BUCK MARTIN, DIRECTOR OF RECREATION, DECLARING JULY AS PARKS AND RECREATION MONTH; AND (2) CERTIFICATES OF APPRECIATION TO VARIOUS ORGANIZATIONS FOR THEIR COMMITMENT AND SERVICE TO THE YOUTH OF CHULA VISTA Mayor Padilla recognized representatives of the Youth Sports Council present at the meeting and then read the proclamation, which Deputy Mayor Salas presented to Recreation Director Martin. .--.-.-.....--..... ....--. .-----.---.......--.-... SPECIAL ORDERS OF THE DAY (Continued) . PRESENTATION BY MAYOR PADILLA OF A PROCLAMATION TO BUCK MARTIN, DIRECTOR OF RECREATION, DECLARING JULY 11 THROUGH JULY 17,2004 AS THERAPEUTICS WEEK Mayor Padilla read the proclamation, and Deputy Mayor Salas presented it to Recreation Director Martin. Carmel Wilson, Therapeutics Supervisor, introduced two of the program's students, Joe Chavez and Raymond Zapata, who talked about the many ways they have benefited from the program. They also they thanked Ms. Wilson for her leadership. . PRESENTATION BY MAYOR PADILLA OF A PROCLAMATION TO BUCK MARTIN, DIRECTOR OF RECREATION, DECLARING JULY 12 THROUGH JULY 16,2004 AS NATIONAL AQUATICS WEEK Mayor Padilla read the proclamation, and Deputy Mayor Salas presented it to Recreation Director Martin. Mr. Martin then introduced and recognized members of the City's aquatics team. . PRESENTATION BY DAN MCALLISTER, SAN DIEGO COUNTY TREASURER! TAX COLLECTOR, REGARDING PROPERTY TAX BILL UPDATES Dan McAllister asked for suggestions on how to make the current tax bill more user-friendly. The modified form is anticipated to be released in September 2004. CONSENT CALENDAR (Items 1 through 8) Mayor Padilla announced that he would abstain from voting on Item 4 due to the proximity of his residence to the project. With reference to Item No.3, Councilmember Rindone requested that future salary tables also include annual salary figures. I. APPROVAL OF MINUTES of May 19, June 1 and June 2,2004. Staff recommendation: Council approve the minutes. 2. RESOLUTION NO. 2004-216, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA REQUESTING THE BOARD OF SUPERVISORS TO PERMIT THE REGISTRAR OF VOTERS TO PERFORM SERVICES FOR THE CONDUCT OF THE SPECIAL MUNICIPAL ELECTION FOR THE CITY OF CHULA VISTA TO BE CONSOLIDATED WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON NOVEMBER 2, 2004 The purpose of the November 2,2004 Special Municipal Election is to conduct a run-off to select one member of the City Council to fill Seat 4 for a full term, consisting of four years and commencing December 2004. The proposed resolution is required to request election services from the Registrar of Voters. (City Clerk) Staff recommendation: Council adopt the resolution. Page 2 - Council Minutes July 13,2004 CONSENT CALENDAR (Continued) 3. RESOLUTION NO. 2004-217, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE RESULTS OF THE PHASE IV AND PHASE V CLASSIFICATION STUDY, APPROVING THE CORRESPONDING COMPENSATION SCHEDULE, AND APPROPRIATING THE NECESSARY FUNDS THEREFOR Adoption of the resolution approves the results of the Phase IV and Phase V classification study and the corresponding compensation schedule and amends the Fiscal Year 2005 budget to fund the changes in the compensation schedule. (Director of Human Resources) Staff recommendation: Council adopt the resolution. 4. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA INCREASING THE EXISTING SPEED LIMIT ON EAST H STREET FROM THE 1- 805 NORTHBOUND RAMPS TO TERRA NOVA DRIVE (FIRST READING) The California Vehicle Code requires that existing speed limits be verified every seven years and increased or decreased as needed. Recent engineering and traffic surveys for East H Street were completed that recommend increasing the existing speed limit on this roadway to 45 mph between the 1-805 northbound ramps and Hidden Vista Drive and to 50 mph between Hidden Vista Drive and Terra Nova Drive. (Director of General Services, City Engineer) Staff recommendation: Council place the ordinance on first reading. 5. RESOLUTION NO. 2004-218, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE RETURN OF PREVIOUSLY APPROPRIATED TRANSPORTATION DEVELOPMENT IMPACT FEE (TDIF) FUNDS FROM CAPITAL IMPROVEMENT PROJECTS TF313, STL261, AND STM331 TO THE AVAILABLE BALANCE OF THE TDIF FUND During the preparation of the Fiscal Year 2004/2005 budget, staff reevaluated the programming of available funds in order to best meet the current needs of the capital improvement program. This exercise led to the identification of three projects in which allocated Transportation Development Impact Fee (TDIF) funds will not be expended in either Fiscal Years 2003/2004 or 2004/2005. Adoption of the resolution approves the return of funds to the TDIF fund. (Director of General Services) Staff recommendation: Council adopt the resolution. 6. RESOLUTION NO. 2004-219, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A DESIGN BUILD AGREEMENT WITH ERICKSON-HALL CONSTRUCTION CO., FOR THE PROVISION OF SERVICES REQUIRED TO DESIGN AND CONSTRUCT MOUNTAIN HAWK PARK, LOCATED IN THE EASTLAKE VISTAS NEIGHBORHOOD OF THE CITY OF CHULA VISTA, APPROPRIATING FUNDS THEREFOR, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT Page 3 - Council Minutes July 13, 2004 - .---.. CONSENT CALENDAR (Continued) The Council previously approved the master plan for Mountain Hawk Park, which conceptually designed and provided for the construction of a completed and fully functional12-acre park. Adoption of the resolution awards a design build agreement to Erickson-Hall Construction Co. for the provision of services required to design and construct Mountain Hawk Park and appropriates funds to a capital improvement project that will enable the design phase of the project to commence. (Director of General Services) Staff recommendation: Council adopt the resolution. 7. RESOLUTION NO. 2004-220, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A SECOND LETTER OF INTENT BETWEEN THE CITIES OF SAN DIEGO AND CHULA VISTA REGARDING THE OTAY VALLEY REGIONAL PARK AND THE WEST FAIRFIELD REORGANIZATION PLAN, AND AUTHORIZING THE MAYOR TO EXECUTE SAID LETTER OF INTENT In August 2002, the cities of San Diego and Chula Vista executed a letter of intent establishing principles that would form the basis of reorganization of boundaries between the two cities in and adjacent to the Otay River Valley and the West Fairfield property. The letter expired on December 31, 2003. Adoption of the resolution approves a second letter with an expiration date of July 31, 2006, allowing negotiations between the two cities to continue. (Director of Community Development) Staff recommendation: Council adopt the resolution. 8. RESOLUTION NO. 2004-221, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AMENDMENT NO. 1 TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE SAN DIEGO UNIFIED PORT DISTRICT AND THE CITY OF CHULA VISTA THAT ESTABLISHES PORT CAPITAL DEVELOPMENT PROGRAM PROJECT PRIORITIES In 1996, the Port District entered into a Memorandum of Understanding (MOU) with the City committing funds for tidelands projects within Chula Vista. The balance remaining from the original MOU allocation is approximately $13 million. The Board of Port Commissioners recently adopted an ordinance authorizing amendment no. 1 to the MOU that reallocated project priorities. As a result, the Port District will consider its non- funded tidelands obligations in the context of its capital development program in future years. (Director of Community Development) Staff recommendation: Council adopt the resolution. ACTION: Councilmember Rindone moved to approve staff's recommendations and offered the Consent Calendar, headings read, texts waived. The motion carried 5-0, except for Item 3, which carried 4-0-1, with Mayor Padilla abstaining due to the proximity of his residence to the project. Page 4 - Council Minutes July 13,2004 ORAL COMMUNICATIONS Lois Cornish and Herb James, representing the Chula Vista division of the American Legion, invited the Council to attend the Legions' first Law and Order Awards dinner on August 14, 2004, at 5:00 p.m., at the American Legion Chula Vista Post 434, 47 Fifth Avenue. The event honors members of the Chula Vista Police and Fire Departments and citizens who have aided them. Robert Fidryah expressed concerns regarding overgrown weeds and stagnant water that exists in the flood control channel located behind his property, between Elm Street and Second Avenue. He stated that he has to contact the City each year to remind them to abate the weeds in the channel, and the stagnant water has attracted mosquitoes. He also commented on the poor condition of his street. Mr. Fidryah submitted written correspondence detailing his concerns and requested that staff address the issues. The correspondence was given to the Mayor's staff for follow-up. At 6:55 p.m., Mayor Padilla recessed the Council Meeting and adjourned the Special Meeting of the Public Financing Authority, meeting jointly with the Redevelopment Agency and City Council. Mayor Padilla reconvened the Council Meeting at 7:00 p.m., with all members present. PUBLIC HEARINGS 9. CONSIDERATION OF ADOPTION OF AN URGENCY ORDINANCE AND A NEW ORDINANCE AMENDING CITY ORDINANCE 2617, AND A RESOLUTION RELATING TO UPDATES IN THE SALT CREEK SEWER BASIN DEVELOPMENT IMPACT FEE TO PAY FOR SEWER FACILITIES WITHIN THE SALT CREEK SEWER BASIN (Continued from June 8, 2004) The Salt Creek sewer basin development impact fee (DIF) was established in December 1994 to facilitate construction of the Salt Creek trunk sewer. This was the only facility identified at that time as being necessary to serve properties within the Salt Creek gravity basin benefit area. A development impact fee was set at $284 per equivalent dwelling unit in order to fund the project. Since that time, costs associated with the project have continued to increase, and the project has broadened in scope as additional needed sewer facilities have been identified to serve the benefit area. In order to ensure that sufficient funding will be available to complete the project, staff recommends increasing the Salt Creek sewer basin DIF from $284 to $1,300 per equivalent dwelling unit. (Director of General Services, City Engineer) 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. There were no members of the public who wished to speak to the item. ACTION: Deputy Mayor Salas moved to continue the hearing to August 10, 2004. Councilmember Davis seconded the motion, and it carried 5-0. Page 5 - Council Minutes July 13, 2004 --~.._------ PUBLIC HEARINGS (Continued) 10. CONSIDERATION OF APPROVAL OF ADJUSTMENT OF PARKLAND ACQUISITION AND DEVELOPMENT FEES In November 2002, the Council increased the parkland acquisition and development (PAD) fees. Since that time, land values and park construction costs have continued to rise, generating the need to adjust the fees. The proposed increases will ensure that sufficient PAD funds are available for the City to meet park facilities thresholds. A proposed change to the Municipal Code will ensure that the fee is updated annually. (Director of General Services) 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. There being no members of the public who wished to speak, Mayor Padilla closed the public hearing. ACTION: Deputy Mayor Salas offered Resolution No. 2004-222 for adoption and the Ordinance for first reading, headings read, texts waived: A. RESOLUTION NO. 2004-222, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE MASTER FEE SCHEDULE TO ADJUST THE PARKLAND ACQUISITION AND DEVELOPMENT (PAD) FEES FOR NEIGHBORHOOD AND COMMUNITY PARK REQUIREMENTS B. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING CHAPTER 17.10 OF THE MUNICIPAL CODE RELATING TO THE REVIEW AND ADJUSTMENT OF PARKLAND ACQUISITION AND DEVELOPMENT (PAD) FEES TO PAY FOR PARKLAND ACQUISITION AND DEVELOPMENT (FIRST READING) The motion carried 5-0. ACTION ITEMS 11. CONSIDERATION OF APPROVAL OF MODIFICATIONS TO THE SOLID WASTE DISPOSAL AND RECYCLING FRANCHISE AGREEMENT Adoption of the proposed resolutions approves modifications to the general rate sheet of the solid waste disposal and recycling agreement and approves a 2.5% increase in the franchise fee for small quantity generators. (Director of Conservation and Environmental Services) Director of Conservation and Energy Services Meacham asked that Item 11 (B) be continued to a future date. Mr. Meacham also submitted to Council a matrix of recycling rates for commercial businesses and large generators. Page 6 - Council Minutes July 13,2004 ACTION ITEMS (Continued) ACTION: Councilmember Davis offered Resolution No. 2004-223, heading read, text waived: A. RESOLUTION NO. 2004-223, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING MODIFICATIONS TO THE GENERAL RATE SHEET OF THE AMENDED AND RESTATED SOLID WASTE DISPOSAL AND RECYCLING FRANCHISE AGREEMENT The motion carried 5-0. ACTION: Mayor Padilla moved to continue Item No. 11(B) to a future date: B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A 2.5% INCREASE IN THE FRANCHISE FEE AS APPLIED TO THE SMALL QUANTITY GENERATOR RATE CATEGORY OF THE SOLID WASTE AND RECYCLING FRANCHISE AGREEMENT Councilmember McCann seconded the motion, and it carried 5-0. Councilmember Rindone commented that the City continues to have the lowest rates in the County for waste disposal. Deputy Mayor Salas commented that in addition to maintaining low waste disposal rates, the City continues to provide a high standard of service to the community. She also thanked staff for their work in meeting the City's recycling guidelines. 12. PRESENTATION OF A STATUS REPORT ON THE GENERAL PLAN UPDATE Staff has provided periodic status updates to the Council on the progress of the General Plan update, the last of which was in April 2004. The status report covers recent activities, along with those anticipated over the next several months, through completion. (Director of Planning and Building) Planning and Building Director Sandoval and General Plan Manager Batchelder presented the status report, which included the circulation plan; General Plan elements; a comparison of the General Plan update vision and themes and the Council's strategic themes; land use provisions; facility and service provisions; environmental provisions; the Vision 2020 "toolbox;" completed phases; and current and final phases. Councilmember McCann encouraged more stringent standards regarding the City's gateways, which he believed would elevate the image of the community. He also expressed the need for continued focus on the jobs/housing balance and encouraging the attraction of jobs and businesses to the City. ACTION: Mayor Padilla moved to accept the report. Councilmember McCann seconded the motion, and it carried 5-0. Page 7 - Council Minutes July 13, 2004 ---------._------ .. .._.. _.. _... ...-..-.,-......-..-.-...... OTHER BUSINESS 13. CITY MANAGER'S REPORTS City Manager Rowlands announced that City Hall offices would be closed to the public on July 23rd and July 26th in order to move to the old Police Department building, and he suggested the July 27th Council Meeting be cancelled because of the move. It was the consensus of the Council to cancel the meeting of July 27th. 14. MAYOR'S REPORTS . Consideration of ratification of appointment of Councilmember McCann to the Watershed Policy Planning Committee. ACTION: Mayor Padilla moved to ratify Councilmember McCann's appointment to the Watershed Policy Planning Committee. Councilmember Davis seconded the motion, and it carried 5-0. 15. COUNCIL COMMENTS Councilmember McCann stated that he recently attended the Music in the Park concert series, and he encouraged the public to attend the performances that are conducted each Thursday during the month of July. CLOSED SESSION 16. 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. 17. 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) No reportable action was taken on this item. Page 8 - Council Minutes July 13,2004 ADJOURNMENT At 10:00 p.m., Mayor Padilla adjourned the meeting to the Regular Meeting of July 20,2004, at 6:00 p.m. in the Council Chambers. ~ó-<.. ~'g'~ Susan Bigelow, MMC, City Clerk Page 9 - Council Minutes July 13,2004 .....-. ..........__._----