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HomeMy WebLinkAboutcc min 2004/07/20 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA July 20, 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, ChuJa Vista, California. ROLL CALL: PRESENT: Councilmembers: Davis, McCann, Salas, and Mayor Padilla ABSENT: Councilmembers: Rindone (excused) ALSO PRESENT: City Manager Rowlands, City Attorney Moore, and City Clerk Bigelow PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE CONSENT CALENDAR (Items I through 13) Mayor Padilla stated that he would abstain from voting on Item 4 due to the proximity of his residence to the project. 1. APPROVAL OF MINUTES of the Regular Meetings of June 8 and June 15, the Special Meeting of June 8, and the Adjourned Regular Meeting of June 23, 2004. Staff recommendation: Council approve the minutes. 2. WRITTEN COMMUNICATIONS . Memorandum from Councilmember Rindone requesting an excused absence from this meeting. Staff recommendation: Council excuse the absence. 3. ORDINANCE NO. 2969, ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF CHULA VISTA TO PROVIDE SECTION 20434, ANY OFFICERS OR EMPLOYEES OF A FIRE DEPARTMENT EMPLOYED TO PERFORM DUTIES OF FIREFIGHTING, FIRE PREVENTION, FIRE TRAINING, HAZARDOUS MATERIALS, EMERGENCY MEDICAL SERVICES, OR FIRE OR ARSON INVESTIGATION SERVICES RECLASSIFIED AS "LOCAL FIRE FIGHTERS" (SECOND READING) .------........... ..............--.--.-.--.--. CONSENT CALENDAR (Continued) The City is amending both the miscellaneous and safety contracts between the Board of Administration of the California Public Employees' Retirement Board and the City of ChuJa Vista to expand the definition of "Local Fire Fighters" to include the employees of the Fire Prevention Bureau, who are involved in prevention and fire and arson investigation services. This ordinance was introduced on June 15, 2004. (Director of Human Resources) Staff recommendation: Council adopt the ordinance. 4. ORDINANCE NO. 2970, ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA INCREASING THE EXISTING SPEED LIMIT ON EAST H STREET FROM THE I-80S NORTHBOUND RAMPS TO TERRA NOVA DRIVE (SECOND 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 recommend increasing the existing speed limit on this roadway to 45 mph between the I-80S northbound ramps and Hidden Vista Drive and to 50 mph between Hidden Vista Drive and Terra Nova Drive. This ordinance was introduced on July 13, 2004. (Director of General Services, City Engineer) Staff recommendation: Council adopt the ordinance. 5. ORDINANCE NO. 2971, 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 (SECOND READING) Adoption of the ordinance amends the Municipal Code to ensure that the parkland acquisition and development fee is updated annually. This ordinance was introduced on July 13,2004. (Director of General Services) Staff recommendation: Council adopt the ordinance. 6. RESOLUTION NO. 2004-224, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING CONTRACT FOR THE LOCAL STREETS PAVEMENT REHABILITATION PROGRAM (PROJECT STL-293) The work includes removal and repaving of selected street areas, cold milling, pavement overlay, replacement of traffic signal loop detectors, traffic control, striping and marking. Adoption of the resolution accepts bids for this project and awards the contract to SRM Contracting & Paving for $2,079,254. (Director of General Services) Staff recommendation: Council adopt the resolution. Page 2 . Council Minutes July 20, 2004 CONSENT CALENDAR (Continued) 7. RESOLUTION NO. 2004-225, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FIRST AMENDMENT TO THE AGREEMENT WITH DOUGLAS E. BARNHART, INC., TO INCORPORATE THE GUARANTEED MAXIMUM PRICE (GMP) FOR THE DESIGN AND CONSTRUCTION OF VETERANS PARK (CIP PR238), LOCATED ALONG EAST PALOMAR BETWEEN DAVIES DRIVE AND MEDICAL CENTER COURT IN EASTERN CHULA VISTA, APPROPRIATING FUNDS NECESSARY TO COMPLETE THE PROJECT, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AMENDMENT The Council previously approved capital improvement project PR-238 and the master plan for Veterans Park, which conceptually designed and provided for the construction of a completed and fully functional park and recreation center. On May 27, 2003, the Council approved a design build agreement with Douglas E. Barnhart, Inc. for this facility. The agreement contained a not-to-exceed price of $7,686,000, with the guaranteed maximum price (GMP) to be set upon receipt of 90% construction drawings. The project is nearing the end of the design phase and ready to start the construction phase. Adoption of the resolution sets the GMP at $8,126,180. (Director of General Services) Staff recommendation: Council adopt the resolution. 8. RESOLUTION NO. 2004-226, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DESIGNATING AND SETTING ASIDE CERTAIN CITY- OWNED REAL PROPERTY CURRENTLY KNOWN AS DAVIES DRIVE FOR PARK AND RECREATIONAL PURPOSES AS NECESSARY FOR THE COMPLETION OF VETERANS PARK Adoption of the resolution designates and sets aside a portion of certain City-owned lands currently known as Davies Drive for park and recreational purposes. (Director of General Services, City Engineer) Staff recommendation: Council adopt the resolution. 9. RESOLUTION NO. 2004-227, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A DESIGN BUILD AGREEMENT WITH RUDOLPH AND SLETTEN, INC., FOR THE DESIGN AND CONSTRUCTION OF FIRE STATION NO. 8, LOCATED AT THE SOUTHWEST CORNER OF HAWTHORNE CREEK DRIVE AND WOODS DRIVE IN THE EASTLAKE WOODS COMMUNITY OF CHULA VISTA, APPROPRIATING FUNDS THEREFOR, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT Adoption of the resolution awards an agreement to Rudolph and Sletten, Inc., for the provision of services required to design and construct Fire Station No.8; 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. Page 3 - Council Minutes July 20, 2004 -"-'--'."""'....-......-.....-..... ...0. . .......... CONSENT CALENDAR (Continued) 10. RESOLUTION NO. 2004-228, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $52,449 FROM THE OFFICE OF TRAFFIC SAFETY, AMENDING THE FISCAL YEAR 2004/2005 POLICE BUDGET FOR THE CALIFORNIA SEAT BELT COMPLIANCE CAMPAIGN, AND APPROPRIATING FUNDS THEREFOR The Chula Vista Police Department has received additional funding from the Office of Traffic Safety for the California Seat Belt Compliance Campaign. Funds provided by this grant will be utilized to increase the level of seat belt enforcement hours on an overtime basis for first line supervisors, officers, and administrative time to meet grant reporting requirements. (Police Chief) Staff recommendation: Council adopt the resolution. 11. RESOLUTION NO. 2004-229, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DECLINING PARTICIPATION IN THE 2004/2005 JUVENILE ACCOUNTABILITY INCENTIVE BLOCK GRANT PROGRAM AND SUPPORTING THE TRANSFER OF $28,622 FROM THE PROGRAM TO THE COUNTY OF SAN DIEGO TO ENHANCE THE REGIONAL JUVENILE INFORMATION SYSTEM The Federal Office of Juvenile Justice and Delinquency Prevention is continuing with the Juvenile Accountability Incentive Block Grant monies available through the California Office of Criminal Justice Planning. A total of $779,542 is available to the San Diego region, and it is proposed that all of the agencies in the County pool resources, which would enhance accountability and put juvenile offenders back on track. (Police Chief) Staff recommendation: Council adopt the resolution. 12. RESOLUTION NO. 2004-230, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $6,766 FROM THE BUREAU OF JUSTICE ASSISTANCE, AMENDING THE FISCAL YEAR 2004/2005 POLICE BUDGET FOR BULLETPROOF VESTS, AND APPROPRIATING FUNDS THEREFOR The Chula Vista Police Department has received funding from the Bureau of Justice Assistance to pay for the costs of bulletproof vests. The Bulletproof Vest Partnership grant has awarded the Police Department with $6,765.98 to pay for fifty percent of the cost of bulletproof vests. The grant will partially fund 25 vests; matching funds will come from the Police Department budget. (Police Chief) Staff recommendation: Council adopt the resolution. 13 A. RESOLUTION NO. 2004-231, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE RECLASSIFICATION OF ONE CBAG MANAGEMENT ASSISTANT TO THE POSITION OF CBAG EXECUTIVE ASSISTANT AND APPROPRIATING FUNDS THEREFOR Page 4 - Council Minutes July 20, 2004 CONSENT CALENDAR (Continued) B. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTION 2.05.010 RELATING TO THE ESTABLISHMENT OF UNCLASSIFIED POSITIONS The California Border Alliance Group (CBAG) has requested the reclassification of one of the CBAG Management Assistant to CBAG Executive Assistant. Chula Vista City Charter section 500 requires that all unclassified positions not mentioned specifically in Charter section 500 be added by Ordinance. Adoption of the ordinance amends Municipal Code section 2.05.010 to add the unclassified position of CBAG Executive Assistant. (Police Chief) Staff recommendation: Council adopt the resolution and place the ordinance on first reading. ACTION: Mayor Padi1la moved to approve staffs recommendations and offered the Consent Calendar, headings read, texts waived. The motion carried 4-0 with Councilmember Rindone absent, except on Item 4, which carried 3-0-1 with Mayor Padilla abstaining due to the proximity of his residence to the project. ORAL COMMUNICATIONS Peter Watry, representing Crossroads II, stated that the number of residential units planned for the bayfi-ont has not been publicly discussed since the joint City/Port meeting on May 25, 2004. He asked the Council to ensure that the Port keeps the City apprised of plans for the bayfront and that there continues to be public involvement in the process. PUBLIC HEARINGS 14. CONSIDERATION OF APPROVAL OF THE ASSESSMENT OF CERTAIN DELINQUENT SEWER SERVICE CHARGES AS LIENS UPON THE RESPECTIVE OWNER-OCCUPIED PARCELS OF LAND AND PLACEMENT OF DELINQUENT CHARGES ON THE NEXT REGULAR TAX BILL FOR COLLECTION Municipal Code Section 13.14.150 allows delinquent sewer service charges to be assessed as liens upon the affected properties and llitimately placed on the property tax bills for collection. (Director of Finance) 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. Finance Director Kachadoorian reported that there were 210 owner-occupied, delinquent accounts valued at $67,400. Since the property owners were notified of this hearing, 67 accounts have been cleared, and staff recommends that the remaining 143 delinquent accounts be forwarded to the County to be placed on the next property tax bill for collection. There being no members of the public wishing to speak, Mayor Padilla closed the hearing. Page 5 - Council Minutes July 20,2004 ."'-'-"-'-'-"'-'---'~----'----- PUBLIC HEARINGS (Continued) ACTION: Councilmember McCann offered Resolution No. 2004-232, heading read, text waived: RESOLUTION NO. 2004-232, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ASSESSING DELINQUENT SEWER SERVICE CHARGES AS RECORDED LIENS UPON THE RESPECTIVE OWNER-OCCUPIED PARCELS OF LAND AND APPROVING PLACEMENT OF DELINQUENT CHARGES ON THE NEXT REGULAR TAX BILL The motion carried 4-0. 15. CONSIDERATION OF APPROVAL OF THE ASSESSMENT OF CERTAIN DELINQUENT SOLID WASTE SERVICE CHARGES AS LIENS UPON THE RESPECTIVE PARCELS OF LAND AND PLACEMENT OF DELINQUENT CHARGES ON THE NEXT REGULAR TAX BILL FOR COLLECTION Municipal Code Section 13.14.150 allows delinquent solid waste service charges to be assessed as liens upon the affected properties and ultimately placed on the property tax bills for collection. (Director of Finance) 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. Finance Director Kachadoorian reported that there were 265 delinquent trash accounts valued at $31,100. Since the property owners were notified of this hearing, 74 accounts have been cleared, and staff recommends that the remaining 191 delinquent accounts, valued at $23,000, be forwarded to the County for placement on the next regular tax bilL With no members of the public wishing to speak, Mayor Padilla closed the hearing. ACTION: Councilmember McCann offered Resolution No. 2004-233, heading read, text waived: RESOLUTION NO. 2004-233, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ASSESSING DELINQUENT SOLID WASTE SERVICE CHARGES AS LIENS UPON THE RESPECTIVE PARCELS OF LAND AND APPROVING PLACEMENT OF DELINQUENT CHARGES ON THE NEXT REGULAR TAX BILL The motion carried 4-0. Page 6 - Council Minutes July 20, 2004 PUBLIC HEARINGS (Continued) 16. CONSIDERATION OF APPROVAL OF THE FISCAL YEAR 2004/2005 LEVY OF ASSESSMENTS AND COLLECTION AGAINST THOSE ASSESSMENTS FOR CITY OPEN SPACE DISTRICTS 1 THROUGH 9, 15, 17, 18,20,23,24,26,31 AND 33, BAY BOULEVARD AND TOWN CENTRE MAINTENANCE DISTRICTS The City administers and maintains 24 open space districts that have been established over the last 30 years. The districts provide a financing mechanism to maintain the public open space areas associated with each particular development. The levy of an annual assessment for fiscal year 2004/05 will enable the City to collect sufficient funds to provide these ongoing services. (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. With no members of the public wishing to speak, Mayor Padilla closed the hearing. ACTION: Councilmember Davis offered Resolution No. 2004-234, heading read, text waived: RESOLUTION NO. 2004-234, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA LEVYING THE ASSESSMENTS AND COLLECTIBLES FOR OPEN SPACE DISTRICTS 1 THROUGH 9,15,17,18,20,23,24,26,31 AND 33, BAY BOULEVARD AND TOWN CENTRE MAINTENANCE DISTRICTS The motion carried 3-0-1, with Deputy Mayor Salas abstaining due to the proximity of her residence to the districts. 17. CONSIDERATION OF APPROVAL OF THE FISCAL YEAR 2004/05 LEVY OF ASSESSMENTS AND COLLECTION AGAINST THOSE ASSESSMENTS FOR CITY OPEN SPACE DISTRICT 10 This is one of four companion agenda items to the primary open space assessments agenda item (16), which provides all general background information and details regarding the proposed open space districts assessments for Fiscal Year 2004/2005. This item includes information specific to Open Space District 10. (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. With no members of the public wishing to speak, Mayor Padilla closed the hearing. Page 7 - Council Minutes July 20, 2004 .o_---_._._~ ----."-'0_'- PUBLIC HEARINGS (Continued) ACTION: Councilmember Davis offered Resolution No. 2004-235, heading read, text waived: RESOLUTION NO. 2004-235, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA LEVYING THE ASSESSMENTS AND COLLECTIBLES FOR OPEN SPACE DISTRICT 10 The motion carried 3-0-1, with Deputy Mayor Salas abstaining due to the proximity of her residence to the district. 18. CONSIDERATION OF APPROVAL OF FISCAL YEAR 2004/2005 LEVY OF ASSESSMENTS AND COLLECTION AGAINST THOSE ASSESSMENTS FOR CITY OPEN SPACE DISTRICT 11 This is one of four companion agenda items to the primary Open Space assessments agenda item (16), which provides all general background information and details regarding the proposed open space districts assessments for Fiscal Year 2004/2005. This item includes information specific to Open Space District 11. (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. Deputy Mayor Salas opened the public hearing. With no members of the public wishing to speak, Deputy Mayor Salas closed the hearing. ACTION: Councilmember Davis offered Resolution No. 2004-236, heading read, text waived: RESOLUTION NO. 2004-236, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA LEVYING THE ASSESSMENTS AND COLLECTIBLES FOR OPEN SPACE DISTRICT 11 The motion carried 3-0-1,with Mayor Padilla abstaining due to the proximity of his residence to the district. 19. CONSIDERATION OF APPROVAL OF FISCAL YEAR 2004/2005 LEVY OF ASSESSMENTS AND COLLECTION AGAINST THOSE ASSESSMENTS FOR CITY OPEN SPACE DISTRICT 14 This is one of four companion agenda items to the primary open space assessments agenda item, which provides all general background information and details regarding the proposed open space districts assessments for Fiscal Year 2004/2005. This item includes information specific to Open Space District 14. (Director of General Services, City Engineer) Page 8 - Council Minutes July 20, 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. With no members of the public wishing to speak, Mayor Padilla closed the hearing. ACTION: Deputy Mayor Salas offered Resolution No. 2004-237, heading read, text waived: RESOLUTION NO. 2004-237, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA LEVYING THE ASSESSMENTS AND COLLECTIBLES FOR OPEN SPACE DISTRICT 14 The motion carried 3-0-1, with Councilmember Davis abstaining due to the proximity of her residence to the district. 20. CONSIDERATION OF APPROVAL OF FISCAL YEAR 2004/05 LEVY OF ASSESSMENTS AND COLLECTION AGAINST THOSE ASSESSMENTS FOR EASTLAKE MAINTENANCE DISTRICT NO.1 This is one of four companion agenda items to the primary open space assessments agenda item (16), which provides all general background information and detail on the proposed open space district assessments for Fiscal Year 2004/2005. The present item includes information specific to Eastlake Maintenance District No 1. (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. With no members of the public wishing to speak, Mayor Padilla closed the hearing. ACTION: Deputy Mayor Salas offered Resolution No. 2004-238, heading read, text waived: RESOLUTION NO. 2004-238, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA LEVYING THE ASSESSMENTS AND COLLECTIBLES FOR EASTLAKE MAINTENANCE DISTRICT NO.1 The motion carried 3-0-1, with Councilmember McCann abstaining due to the proximity of his residence to the district. Page 9 - Council Minutes July 20, 2004 -----..-----........-. ...-----...------ . ."-----.0. PUBLIC HEARINGS (Continued) 21. CONSIDERATION OF THE FORMATION OF COMMUNITY FACILITIES DISTRICT NO. II-M (ROLLING HILLS RANCH) On June 1,2004, the Council initiated the Community Facilities District No. 11M (CFD 11M) formation proceedings. Adoption of the resolutions and ordinance concludes the formal proceedings to establish CFD No. 11M. Special taxes levied within CFD 11M will fund the perpetual operation, monitoring and maintenance of Multiple Species Conservation Program (MSCP) lots, Tarplant Preserve lots, Johnson Canyon Tarplant Preserve and storm water treatment facilities associated with Rolling Hills Ranch, Sub Area III. The City has retained the services of MuniFinancial as special tax consultant, and Best Best and Krieger LLP as legal counsel, to provide assistance during the proceedings. (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. No members of the public wished to address the CounciL ACTION: Mayor Padilla moved to continue the hearing to August 3, 2004. Councilmember McCann seconded the motion, and it carried 4-0. OTHER BUSINESS 22. CITY MANAGER'S REPORTS There were none. 23. MAYOR'S REPORTS A. Ratification of appointment of Katherine Magallon to the Design Review Committee. ACTION: Mayor Padilla moved to ratify the appointment of Katherine Magallon to the Design Review Committee. Councilmember Davis seconded the motion, and it carried 4-0. B. Ratification of appointment of Margie Reese to the Housing Advisory Commission. ACTION: Mayor Padilla moved to ratify the appointment of Margie Reese to the Housing Advisory Commission. Councilmember Davis seconded the motion, and it carried 4-0. Page 10 - Council Minutes July 20, 2004 C. Ratification of appointment of Gene Pellerin to the Veterans Advisory Commission. ACTION: Mayor Padilla moved to ratify the appointment of Gene Pellerin to the Veterans Advisory Commission. Councilmember Davis seconded the motion, and it carried 4-0. 24. COUNCIL COMMENTS There were none. CLOSED SESSION Mayor Padilla announced that Closed Session was cancelled and the following item was not discussed: 25. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) . ARB v Eastlake (SDSC #GISI5582). ADJOURNMENT At 6:30 p.m., Mayor Padilla adjourned the meeting to the Regular Meeting of August 3, 2004, at 4:00 p.m. in the Council Chambers. The ReguJar Meeting of July 27, 2004 was cancelled. ~tL.~fv~ Susan Bigelow, MMC, CI y Clerk Page II - Council Minutes July 20,2004 --..-.-....,.-................. . ...--....-. ...... '-""""""-"--'-""--""'-"."