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HomeMy WebLinkAboutcc min 2004/08/17 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA August 17, 2004 6:00 P.M. A Regular Meeting of the City Council of the City of Chula Vista was called to order at 6:07 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 Mayor Padilla welcomed Cub Scout Pack No. 2001 from Clearview Elementary School to the meeting. . OATHS OF OFFICE: Gabrielle Longo - Youth Commission Seok-Ik Go - Youth Commission Eloy Ledesma - Youth Commission Bianca Brodbeck - Youth Commission Camille Cowlishaw - Child Care Commission Stacey Stevenson - Child Care Commission Henry Cross - Child Care Commission City Clerk Bigelow administered the oaths to the abovementioned commissioners, and Deputy Mayor Salas presented each with a certificate of appointment. . PRESENTATION BY JACK BLAKELY, EXECUTIVE DIRECTOR OF THE CHULA VISTA DOWNTOWN BUSINESS ASSOCIATION, OF A $2100 CHECK RAISED BY THE PET FEST FOR THE ANIMAL CARE FACILITY David McClurg, President of the Downtown Business Association, spoke about the success of the recent Pet Fest and thanked various City staff, volunteers, sponsors, and participants for their support. He then presented a check for $2, I 00 to Angela Doss, representing the Chula Vista Animal Care facility. Page I - Council Minutes August 17, 2004 .------~--"- SPECIAL ORDERS OF THE DAY (Continued) . INTRODUCTION BY JASON HARMON, INTERNATIONAL FRIENDSHIP COMMISSION CHAIRPERSON, OF EXCHANGE STUDENTS FROM ODA W ARA, JAPAN, AND OF CHULA VISTA STUDENTS RETURNING FROM THEIR EXCHANGE IN ODA W ARA Jason Harmon, Chair of the International Friendship Commission, introduced the visiting exchange students from Odawara, Japan, and the Chula Vista students who recently returned from their exchange in Odawara. The students shared their experiences and explained how they have benefited from the program. They thanked the Council and the Commission for their support of the exchange program. . PRESENTATION BY CYNTHIA BURKE, PH.D., REPRESENTATIVE FROM SANDAG'S CRIMINAL JUSTICE RESEARCH DIVISION, OF THE RESULTS OF THE THIRD CITIZEN RESIDENT OPINION SURVEY Dr. Burke presented the results of the third Citizen Resident Opinion Survey, including recommendations to encourage participation in police programs, utilize the Internet to educate citizens, continue to educate staff who work with a diverse population, and work with other City departments to address traffic concerns. CONSENT CALENDAR (Items I through II) Councilmember McCann spoke regarding Item No.3, commending the City for its continued support of a military leave policy for employees drafted for active military duty. He also stated that he would abstain from voting on Item 5 due to the proximity of property that he owns to the event location. 1. APPROVAL OF MINUTES of August 3, 2004. Staff recommendation: Council approve the minutes. 2. ORDINANCE NO. 2973, ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN COMMUNITY FACILITIES DISTRICT NO. II-M (SECOND READING) Special taxes levied within CFD II-M will fund the perpetual operation, monitoring and maintenance of Multiple Species Conservation Program lots, Tarplant Preserve lots, Johnson Canyon Tarplant Preserve and storm water treatment facilities associated with Rolling Hills Ranch, Sub Area III. This ordinance was introduced August 3, 2004. (Director of General Services, City Engineer) Staff recommendation: Council adopt the ordinance. Page 2 - Council Minutes August 17,2004 ~~_._._._---- CONSENT CALENDAR (Continued) 3. RESOLUTION NO. 2004-268, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A MILITARY LEAVE POLICY FOR ALL CLASSIFIED AND UNCLASSIFIED EMPLOYEES TO COVER ANY PERIOD DURING WHICH A CITY EMPLOYEE IS CALLED AND SERVES IN AN ACTIVE MILITARY STATUS FOR THE DURATION OF OPERATION ENDURING FREEDOM AND OTHER PRESIDENTIAL CALL-UPS OF THE RESERVES FOR ACTIVE MILITARY DUTY On September 14, 2001, President Bush signed an order authorizing the military to call up 50,000 military reservists in the aftermath of the terrorist attacks. As a result, the City Council approved a temporary Military Leave Policy to insure that City employees who are called to active duty maintain their current level of pay and benefits. Adoption of the resolution approves a Military Leave Policy for all classified and unclassified employees for the duration of Operation Enduring Freedom and other presidential call-ups of the reserves for active military duty. (Director of Human Resources) Staff recommendation: Council adopt the resolution. 4. RESOLUTION NO. 2004-269, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING CONDITIONAL TEMPORARY CLOSURE OF A PORTION OF RANCHO DEL REY PARKWAY ON SEPTEMBER II AND 12,2004 FOR THE ORANGE CRATE DERBY Adoption of the resolution approves a temporary closure on Rancho Del Rey Parkway on September II and 12, 2004, to conduct the 25th Annual Orange Crate Derby. (Chief of Police, Director of Human Resources) Staff recommendation: Council adopt the resolution. 5. RESOLUTION NO. 2004-270, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING REQUESTS FROM BONITA BUSINESS AND PROFESSIONAL ASSOCIATION TO CONDUCT THE BONITAFEST AND BONITAFESTPARADE ON SATURDAY, SEPTEMBER 25, 2004 Adoption of the resolution approves the request to conduct the Bonitafest and Bonitafest parade on Saturday, September 25, 2004. (Chief of Police, Director of Human Resources) Staff recommendation: Council adopt the resolution. 6. RESOLUTION NO. 2004-271, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2005 CAPITAL IMPROVEMENT BUDGET AND APPROPRIATING $120,840 FROM THE AVAILABLE BALANCE OF THE GENERAL FUND AND $31,340 FROM THE PUBLIC FACILITIES DEVELOPMENT IMPACT FUND TO UPGRADE THE CITY OF CHULA VISTA'S PRIMARY EMERGENCY OPERATIONS CENTER (EOC) AND ESTABLISH A SECOND EOC Page 3 - Council Minutes August 17, 2004 CONSENT CALENDAR (Continued) The City of Chula Vista Emergency Response Plan requires that an Emergency Operations Center (EOC) be available to make sure critical operations are maintained in the event of a natural or human-made disaster. Staff recommends the upgrade of the primary EOC located at 4th and Davidson (in the old Police building) and establishment of a second EOC at the Public Works Center, located at 1800 Maxwell. (Fire Chief) Staff recommendation: Council adopt the resolution. 7. RESOLUTION NO. 2004-272, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING A CONTRACT FOR CONSTRUCTION OF THE TRAFFIC SIGNAL INSTALLATION AT FIFTH AVENUE AND MOSS STREET (TF-315), TO AEC GRADING & PAVING, A JOINT VENTURE DBA ACE ELECTRIC/AEC CONSTRUCTION Installation of a traffic signal at the subject intersection was approved and budgeted as part of the Fiscal Year 2003/2004 and Fiscal Year 2004/2005 Capital Improvement Programs. The scope of the project includes the installation of a fully actuated traffic signal system and other work necessary to complete the project. (Director of General Services, City Engineer) Staff recommendation: Council adopt the resolution. 8. RESOLUTION NO. 2004-273, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FINAL MAP OF CHULA VISTA TRACT NO. 02-05, OTA Y RANCH VILLAGE 6 UNIT I, NEIGHBORHOOD R-9B; ACCEPTING THE SEWER ACCESS EASEMENTS OFFERED THEREON; APPROVING THE ASSOCIATED SUBDIVISION IMPROVEMENT AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS; AND APPROVING A SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR CHULA VISTA TRACT NO. 02-05, OT A Y RANCH VILLAGE 6 UNIT I, NEIGHBORHOOD R-9B On March 26, 2002, the Council approved a tentative subdivision map for Otay Ranch Village 6. Approval of the Final "B" Map and its associated subdivision and supplemental subdivision improvement agreements allows the final map to be recorded and the development of the project to proceed. (Director of General Services, City Engineer) Staff recommendation: Council adopt the resolution. 9. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE CONSULTANT SELECTION PROCESS AS IMPRACTICAL AND APPROVING AGREEMENTS WITH BRUCE HULL AND ASSOCIATES FOR APPRAISAL SERVICES, THE MEYERS GROUP FOR MARKET ABSORPTION SERVICES AND MCGILL MARTIN SELF, INC. FOR SPECIAL TAX CONSULTANT AND AUDITING SERVICES FOR COMMUNITY FACILITIES DISTRICTS WITHIN THE CITY FOR THE NEXT THREE YEARS Page 4 - Council Minutes August 17,2004 -------------...- ---~_._----_.._.._- - ..- CONSENT CALENDAR (Continued) The City currently has seven community facilities districts (CFD's) for the purpose of financing infrastructure improvements. The consultants have provided CFD formation services for the last three years. It is recommended that the consultants continue to provide CFD formation services for the City in the coming three years. (Director of General Services, City Engineer) Staff recommendation: Council continue the item to August 24, 2004. 10. RESOLUTION NO. 2004-274, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A SECOND AMENDMENT TO THE TWO- PARTY AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND RBF CONSULTING FOR PROFESSIONAL SERVICES IN SUPPORT OF THE CITY'S GENERAL PLAN UPDATE, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AMENDMENT ON BEHALF OF THE CITY RBF Consulting has been assisting staff with the development of land use and transportation alternatives, preparation of the Land Use & Transportation Element, and public meeting facilitation. A contract amendment approved in August 2003 anticipated completion of the General Plan update by May/June 2004. Completion is now set for early September 2004. (Director of Planning and Building) Staff recommendation: Council adopt the resolution. 11. RESOLUTION NO. 2004-275, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA URGING THE CALIFORNIA PUBLIC UTILITIES COMMISSION TO REJECT A PROPOSAL TO SHIFT $1 BILLION IN ADDITIONAL COSTS TO SDG&E RA TEPA YERS Adoption of the resolution supports San Diego Gas & Electric's effort to oppose a proposed settlement agreement that shifts one billion dollars in additional costs over the next eight years to San Diego region electricity customers. (Assistant City Manager Morris, Director of Conservation and Environmental Services) Staff recommendation: Council adopt the resolution and direct staff to work with the California Public Utilities Commission, San Diego Gas & Electric, and other parties to adopt a fair and reasonable allocation process for all California ratepayers. ACTION: Mayor Padilla moved to approve staffs recommendations and offered the Consent Calendar, headings read, texts waived. The motion carried 5-0, except on Item 5, which carried 4-0-1, with Councilmember McCann abstaining due to the proximity of property that he owns to the event location. ORAL COMMUNICATIONS There were none. Page 5 - Council Minutes August 17, 2004 ------_.--~-~.__._.._-- PUBLIC HEARINGS 12. CONSIDERATION OF MODIFICATION OF THE SALT CREEK SEWER BASIN DEVELOPMENT IMPACT FEE (Continued from July 13,2004) The Salt Creek sewer basin development impact fee was established in December 1994 to facilitate construction of the Salt Creek trunk sewer to serve properties within the benefit area. 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 development impact fee from $284 to $1,330 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. With no members of the public wishing to speak, Mayor Padilla closed the hearing. Councilmember Rindone asked staff provide a breakdown of the staff time reimbursement portion of the development impact fee. ACTION: Councilmember Rindone offered Resolution No. 2004-276 for adoption, the Ordinance for first reading, and Urgency Ordinance No. 2974-A for adoption, headings read, texts waived. RESOLUTION NO. 2004-276, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING THE ENGINEER'S REPORT UPDATING THE SALT CREEK SEWER BASIN DEVELOPMENT IMPACT FEE ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE SALT CREEK SEWER BASIN DEVELOPMENT IMPACT FEE TO PAY FOR SEWER IMPROVEMENTS WITHIN THE SALT CREEK SEWER BASIN AS A CONDITION OF ISSUANCE OF BUILDING PERMITS AND AMENDING ORDINANCE NO. 2617 (FIRST READING) URGENCY ORDINANCE NO. 2974-A, URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE SALT CREEK SEWER BASIN DEVELOPMENT IMPACT FEE TO PAY FOR SEWER IMPROVEMENTS WITHIN THE SALT CREEK SEWER BASIN AS A CONDITION OF ISSUANCE OF BUILDING PERMITS AND AMENDING ORDINANCE NO. 2617 The motion carried 5-0. Page 6 - Council Minutes August 17, 2004 -_._--.~----- -- - ---- ACTION ITEMS 13. CONSIDERATION OF APPROVAL OF THE CREATION OF THE DIVISION OF ENERGY SERVICES AND THE ADDITION OF ONE UNCLASSIFIED AT-WILL POSITION Adoption of the resolution and ordinance provides for the budget and staffing needs for implementation of the City's Energy Strategy and Action Plan, oversight of California Public Utility Commission monitoring, and the municipal energy utility business model recommendations, including Community Choice Aggregation and Greenfield development. (Assistant City Manager Morris) Former Councilmember John Moot presented a proposed business model that he believed should be considered in policy decisions by the City Council related to the implementation of Community Choice Aggregation and Greenfield development. Councilmember Davis left the meeting at 7:14 p.m. ACTION: Mayor Padilla offered Resolution No. 2004-277 for adoption and the Ordinance for first reading, headings read, texts waived: RESOLUTION NO. 2004-277, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE CREATION OF THE DIVISION OF ENERGY SERVICES, REPORTING TO THE CITY MANAGER'S OFFICE, AND THE ADDITION OF ONE UNCLASSIFIED AT-WILL POSITION, AND APPROPRIATING FUNDS THEREFOR 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 TO ADD THE POSITION OF ENERGY SERVICES MANAGER (FIRST READING). The motion carried 4-0, with Councilmember Davis absent. Councilmember Rindone asked staff to provide a report in response to Mr. Moot's statements and to send a copy of the report to Mr. Moot. 14. CONSIDERATION OF APPROVAL OF THE ADDITION OF ONE UNCLASSIFIED, AT-WILL POSITION TO THE CITY CLERK'S OFFICE Adoption of the resolution and ordinance approves the reorganization of the City Clerk's Department to successfully carry out the department's current and long-term work programs and goals, authorizes the addition of a new unclassified, at-will position of Assistant to the City Clerk, and appropriates funds therefor. Chula Vista Charter Section 500 requires that all unclassified positions not mentioned specifically in the section be added by ordinance. (City Clerk) Page 7 - Council Minutes August 17, 2004 ACTION ITEMS (Continued) A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE ADDITION OF ONE UNCLASSIFIED, AT-WILL POSITION TO THE CITY CLERK'S DEPARTMENT AND APPROPRIATING FUNDS THEREFOR (4/5THS VOTE REQUIRED) 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 TO ADD THE POSITION OF ASSISTANT TO THE CITY CLERK (FIRST READING) ACTION: It was the consensus of the Council to continue this item at the request of staff. 15. REPORT REGARDING THE CHULA VISTA TRANSIT (CVT) BUS PAINT SCHEME With the transit system's expected delivery of six new mid-size, low-floor, compressed natural gas buses and the Metropolitan Transit System Board's adoption of a new bus graphic design and logo, the Council may wish to consider a change to the existing paint scheme beginning with the six new buses. (Director of Public Works Operations) Transit Coordinator Trujillo presented the options for bus graphics. Paul Jablonski, MTS Chief Executive Officer, presented the suggested color and design schemes for the buses. Councilmember Rindone recommended approval of the new Metropolitan Transit System graphic design (Option 2 of the staff report), which he believed would identify the City in a regional manner. ACTION: Councilmember Rindone moved to approve Option 2 as contained in the staff report. Mayor Padilla seconded the motion, and it carried 4-0 with Councilmember Davis absent. OTHER BUSINESS 16. CITY MANAGER'S REPORTS City Manager Rowlands announced that a Council workshop would be held on September 7, 2004, at 6:00 p.m. in the Council Chambers, to discuss the Fire Department strategic plan. 17. MAYOR'S REPORTS Mayor Padilla congratulated the City and the Downtown Business Association on the success of the recent Lemon Festival. Page 8 - Council Minutes August 17,2004 __ ..__..__..____u -~~ ---- --------------- ------------ OTHER BUSINESS (Continued) A. Ratification of appointments to the Youth Advisory Commission: . John Tessitore (Bonita Vista Middle School) . Chelsea Rodriguez (Hilltop Middle School) ACTION: Mayor Padilla moved to ratify the appointments of John Tessitore and Chelsea Rodriquez to the Youth Advisory Commission. Councilmember McCann seconded the motion, and it carried 4-0 with Councilmember Davis absent. 18. COUNCIL COMMENTS Deputy Mayor Salas congratulated the American Foreign Legion for a wonderful heroes award dinner honoring a number of Chula Vista police officers and firefighters. Deputy Mayor Salas also thanked David Swift, representing the House of Blues, for providing Placido Domingo concert tickets to local non-profit organizations. Councilmember Rindone concurred with the comments by Deputy Mayor Salas, adding that the concert tickets provided a wonderful opportunity for those less fortunate citizens to attend the event. He also commented on the success of the recent Lemon Festival. Councilmember McCann concurred with the comments by Councilmembers Salas and Rindone and stated that he enjoyed honoring police and fire personnel concurrently at the Foreign Legion event. He also recognized Susan Carillo, Chair of Bonitafest, who will be coordinating the upcoming event. ADJOURNMENT At 7:45 p.m., Mayor Padilla adjourned the meeting to the Regular Meeting of August 24, 2004, at 6:00 p.m. in the Council Chambers. ~~Ó-J-I~~~ Susan Bigelow, MMC, City Clerk Page 9 - Council Minutes August 17,2004 ~--_._- ---..----- -----"---------_._--~.._-----------