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Home My WebLink Aboutcc min 2004/08/24 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA August 24, 2004 6:00 P.M. A Regular Meeting of the City Council of the City of Chula Vista was called to order at 6:51 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 . OATHS OF OFFICE: Majed AI-Ghafry - Safety Commission John Tessitore (Bonita Vista Middle School) - Youth Commission Chelsea Rodriguez (Hilltop Middle School) - Youth Commission City Clerk Bigelow administered the oaths to the new Commissioners, and Deputy Mayor Salas presented them each with a certificate of appointment. . PRESENTATION BY ASSISTANT CITY MANAGER PALMER OF THE NEW CIVIC CENTER MARKET PLACE Assistant City Manager Palmer presented the new marketplace, located at the Civic Center Library, and relayed positive public feedback to the Council. CONSENT CALENDAR (Items 1 through 10) Councilmember Rindone noted that he would abstain trom voting on Item 4 out of an abundance of caution due to a possible appearance of a conflict of interest. Mayor Padilla noted that Items 7 and 10 would be removed trom the Consent Calendar for separate consideration. 1. APPROVAL OF MINUTES of the Special Meetings of August 10 and August 16,2004. Staff recommendation: Council approve the minutes. Page 1 - Council Minutes August 24, 2004 CONSENT CALENDAR (Continued) 2. ORDINANCE NO. 2974, ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE SALT CREEK SEWER BASIN DEVELOPMENT IMP ACT 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 (SECOND READING) 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 DIF trom $284 to $1,330 per equivalent dwelling unit. This ordinance was introduced August 17,2004. (Director of General Services, City Engineer) Staff recommendation: Council adopt the ordinance. 3. ORDINANCE NO. 2975, 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 (SECOND READING) On August 17, 2004, the Council approved the creation of the division of Energy Services, reporting to the City Manager's office, and the addition of one unclassified, at- will position. Charter section 500 requires that all unclassified positions not mentioned specifically in that section be added by ordinance. This ordinance was introduced August 17,2004. (Assistant City Manager Morris) Staff recommendation: Council adopt the ordinance. 4. RESOLUTION NO. 2004-278, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE RENEWAL OF THE AGREEMENT WITH THE SWEETWATER UNION HIGH SCHOOL DISTRICT FOR THE JOINT USE OF THE LIBRARY FACILITY AT EASTLAKE LIBRARY The three-year (with two, one-year options to renew) agreement between the City of Chula Vista and the Sweetwater Union High School District, providing for the joint use of the EastLake School Library, expired June 30, 2004. A new agreement to continue this collaborative venture has now been negotiated and will be approved by the Sweetwater District Board at their monthly meeting on August 16, 2004. The EastLake Library has remained open to the public while the new agreement was being negotiated. (Assistant City Manager Palmer) Staff recommendation: Council adopt the resolution. Page 2 - Council Minutes August 24, 2004 , ! I L__ __m ___..__u___ ______ _ _____ __ _ ____. _______ -..----.-------- .~- ----- CONSENT CALENDAR (Continued) 5. RESOLUTION NO. 2004-279 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FINAL MAP OF SAN MIGUEL RANCH NEIGHBORHOOD "B", CHULA VISTA TRACT NO. 99-04; APPROVING THE ASSOCIATED SUBDIVISION IMPROVEMENT AGREEMENT FOR THE COMPLETION OF THE IMPROVEMENTS REQUIRED BY SAID SUBDIVISION; AND APPROVING THE ASSOCIATED SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT, REQUIRING DEVELOPER TO COMPLY WITH CERTAIN UNFULFILLED CONDITIONS OF THE TENTATIVE MAP Council previously approved a tentative subdivision map for Chula Vista Tract 99-04 in San Miguel Ranch, and "A" Map No.1 for San Miguel Ranch, phases one, two, and four. Adoption of the resolution approves the final map for planning area "B" within San Miguel Ranch. The developer is William Lyon Homes. (Director of General Services, City Engineer) Staff recommendation: Council adopt the resolution. 6. RESOLUTION NO. 2004-280, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FINAL MAP OF ROLLING HILLS RANCH, SUB-AREA III, NEIGHBORHOOD 9B, CHULA VISTA TRACT NO. 92- 02A; APPROVING THE ASSOCIATED SUBDIVISION IMPROVEMENT AGREEMENT FOR THE COMPLETION OF THE IMPROVEMENTS REQUIRED BY SAID SUBDIVISION; AND APPROVING THE ASSOCIATED SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT, REQUIRING DEVELOPER TO COMPLY WITH CERTAIN UNFULFILLED CONDITIONS OF RESOLUTION NO. 16834 AND RESOLUTION NO. 2003-199 Council previously approved a tentative subdivision map for Salt Creek Ranch, Chula Vista Tract No. 92-02, and an amended tentative subdivision map for Rolling Hills Ranch (formerly known as Salt Creek Ranch) Sub-area III, Chula Vista Tract No. 92-02A, in which Neighborhoods 9 through 12 of the original tentative subdivision map were redesigned. Adoption of the resolution approves the final map for Neighborhood 9B, and its associated agreements. (Director of General Services, City Engineer) Staff recommendation: Council adopt the resolution. 8. RESOLUTION NO. 2004-282, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING A NEW CAPITAL IMPROVEMENT PROJECT, "TRANSIT FACILITIES CITYWIDE" (STL-312), FOR TRANSIT BUS STOP IMPROVEMENTS AT VARIOUS LOCATIONS IN EASTLAKE AND OTAY RANCH, AND APPROPRIATING $310,332 FROM THE TRANSIT CAPITAL PROJECT FUND (4/5THS VOTE REQUIRED), was adopted (5-0). During the development process of the Eastlake and Otay Ranch communities, the need for future transit service was apparent. As part of the provision to provide quality transit service to the residents of these communities there will be a need for bus stop improvements such as benches, shelters and landing pads to accommodate passengers utilizing the service. Adoption of the resolution enables bus stop improvements in these areas. (Director of General Services, Director of Public Works Operations) Staff recommendation: Council adopt the resolution. Page 3 - Council Minutes August 24, 2004 CONSENT CALENDAR (Continued) 9. RESOLUTION NO. 2004-283, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE RECLASSIFICATION OF A VACANT POSITION FROM SENIOR COMMUNITY DEVELOPMENT SPECIALIST TO PRINCIPAL COMMUNITY DEVELOPMENT SPECIALIST, was adopted (5-0). The Human Resources Department has reviewed the requested reclassification based on increasing responsibilities and changes in the job duties, and as a result, is recommending reclassifying the position. (Director of Community Development, Director of Human Resources) Staff recommendation: Council adopt the resolution. ACTION: Mayor Padilla offered Consent Calendar Items 1 through 6,8, and 9. The motion carried 5-0, except on Item 4, which carried 4-0-1 with Councilmember Rindone abstaining due to a possible appearance of a conflict of interest. ORAL COMMUNICATIONS Carlos Magallon spoke regarding the need to keep towing companies accountable. He referred to California Vehicle Code Sections 22658-A and -2, which require towing companies to contact law enforcement agencies and provide written notice of violations before towing vehicles. Mayor Padilla referred the matter to staff. ITEMS REMOVED FROM THE CONSENT CALENDAR 7. RESOLUTION NO. 2004-281, 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 (Continued from August 17, 2004) 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) Councilmember Rindone noted that the proposal allows the City Manager to approve up to $100,000 in additional work within three years and suggested that this amount be limited to $50,000 and any additional work be brought back for Council approval. Councilmember McCann concurred with this recommendation. ACTION: Councilmember Rindone offered Resolution No. 2004-281, heading read, text waived, as amended to read that the City Manager is authorized to approve up to $50,000 in additional work, or 25% of the original contract, whichever is lower, on any single contract, and that work beyond those limits would require Council approval. The motion carried 5-0. Page 4 - Council Minutes August 24, 2004 '-----------..--..--------- ----- _._-~ -..---.- ITEMS REMOVED FROM THE CONSENT CALENDAR (Continued) 10 A. RESOLUTION NO. 2004-284 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ENHANCING THE OFFICE OF COMMUNICATIONS; TRANSFERRING THE EXISTING LEGISLATIVE FUNCTION FROM THE CITY MANAGER'S OFFICE TO THE MAYOR AND COUNCIL'S OFFICE; TRANSFERRING AND RECLASSIFYING POSITIONS, AND TRANSFERRING AND APPROPRIATING FUNDS THEREFOR (4/5THS VOTE REQUIRED), was adopted (5-0). 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 THREE POSITIONS: 1) INTERGOVERNMENTAL AFFAIRS COORDINATOR, 2) COMMUNICATIONS MANAGER, AND 3) OFFICE SPECIALIST (MAYOR'S OFFICE) - FIRST READING The proposed changes enhance the Office of Communications to reflect added duties and responsibilities needed to improve external and internal communications for a net cost of $205,100; adoption of the proposed resolution and ordinance also transfers the existing legislative function and position trom the City Manager's Office to the Mayor's Office to reflect the recent change in the composition of the legislative committee and consistency with the City Charter; and transfers and reclassifies positions, and transfers and appropriates funds. (City Manager, Director of Communications, Director of Management and Information Services) Mayor Padilla explained the proposed position reclassification and transfer and expansion of legislative duties trom the City Manager's Office to the Mayor/Council Office. City Manager Rowlands spoke regarding the proposed reorganization of the Office of Communications. ACTION: Councilmember Rindone offered Resolution 2004-284 for adoption and the ordinance for first reading, headings read, texts waived. The motion carried 5-0. OTHER BUSINESS 11. CITY MANAGER'S REPORTS City Manager Rowlands clarified that the Council workshop scheduled for September 7, 2004 will begin at 6:00 p.m. 12. MAYOR'S REPORTS There were none. 13. COUNCIL COMMENTS Councilmember Davis reported on the Gay Day in South Bay held on Sunday, August 22 and said it was a good event. Page 5 - Council Minutes August 24, 2004 --_.__._---_.._--~.__..._-~------_._--_._--_._---~--_.--- OTHER BUSINESS (Continued) Councilmember Rindone reported on the family picnic held by the Police Officers Association and said he appreciated the opportunity to participate. Councilmember McCann reported on the dinner for the reserve and the mounted police officers and expressed his appreciation for the volunteers who serve in those capacities. He also attended the Police Officers Association family picnic and said it was a great event. CLOSED SESSION 14. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE 54957.6 · Agency designated representatives: Sharon Marshall, Marcia Raskin, David D. Rowlands, Jr. · Employee organization: Police Officers Association There was no reportable action taken. 15. 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: Steve Padilla, Sid Morris, David Huard, Elizabeth Wagner Hull Negotiating Parties: City of Chula Vista and San Diego Gas & Electric (various representatives) Under Negotiation: Price and terms of tranchise conveyance This item was not discussed. 16. 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 1 03-03- 016) This item was not discussed. ADJOURNMENT: At 9: 18 p.m., Mayor Padilla adjourned the meeting to an Adjourned Regular Meeting on September 7, 2004 at 6:00 p.m., in the Council Chambers; thence to an Adjourned Regular Meeting on September 9,2004 at 4:00 p.m. in the Council Chambers; and thence to the Regular Meeting of September 14, 2004, at 6:00 p.m. in the Council Chambers. -- "'fu.~'g~ Susan Bigelow, MMC, City Clerk Page 6 - Council Minutes August 24, 2004 L -------- --_._--~----_._-- ----- '----------- ----- --,".-'" -- --~-- ----- __ ________n ____