HomeMy WebLinkAboutcc min 2004/09/14
MINUTES OF A REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF CHULA VISTA
September 14, 2004 6:00 P.M.
A Regular Meeting of the City Council of the City of Chula Vista was called to order at 6:08
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:
Sherry Strothers - Veterans Advisory Commission
Kathleen Cien-Mayer - Parks and Recreation Commission
James Floros - Civil Service Commission
City Clerk Bigelow administered the oaths, and Deputy Mayor Salas presented each new
Commissioner with a certificate of appointment.
· INTRODUCTION BY CHIEF PERRY OF THE EMPLOYEE OF THE MONTH,
CHRIS HARROLD, FIRE FIGHTER
Fire Chief Perry introduced the employee of the month, Captain Chris Harrold. Mayor Padilla
then read the proclamation, and Deputy Mayor Salas presented it to Captain Harrold.
· INTRODUCTION BY ASSISTANT CITY MANAGER PALMER OF THE
LIBRARY'S TOP READERS FROM THE 2004 SUMMER READING PROGRAM
Assistant Library Director Paula Brown announced that over the summer, the Chula Vista
Library prepared 4,119 children to enter the new school year with top reading skills. She then
presented certificates of recognition to the top 6th grade and teen students from each of the
branch libraries.
· RECOGNITION BY COUNCILMEMBER MCCANN OF THE BONITA REBELS
UNDER 10 GIRLS FOR THEIR VICTORY AT THE HOTSPURS LABOR DAY
TOURNAMENT
Councilmember McCann recognized the Bonita Rebels Under 10 Girls Soccer Team on their
recent tournament victory.
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CONSENT CALENDAR
(Items 1 through 9)
Regarding Item 9, Mayor Padilla noted that a revised first amendment to the agreement with the
Eastlake Company regarding EastLake Village Center North was placed on the dais.
1. APPROVAL OF MINUTES of the Regular Meetings of August 17 and August 24, 2004,
and the Special Meetings of August 24, August 27, and September 7,2004.
Staff recommendation: Council approve the minutes.
2. WRITTEN COMMUNICATIONS
. Letter of resignation from Bob Strahl, member of the Parks and Recreation
Commission.
Staff recommendation: Council accept the resignation and post the vacancy
according to legal requirements.
3. ORDINANCE NO. 2976, 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 POSITION'S: 1) INTERGOVERNMENTAL AFFAIRS
COORDINATOR, 2) COMMUNICATIONS MANAGER, AND 3) OFFICE
SPECIALIST (MAYOR'S OFFICE) (SECOND READING)
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 positions of
Intergovernmental Affairs Coordinator, Communications Manager, and Office Specialist
(Mayor's Office). This ordinance was introduced on August 24, 2004. (City Manager,
Director of Communications)
Staff recommendation: Council adopt the ordinance.
4. RESOLUTION NO. 2004-292, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING CONTRACT FOR
THE SIDEWALK REHABILITATION PROJECT - PHASE VI, FOR FISCAL YEAR
2004 (STL-289)
Adoption of the resolution accepts bids for this project, and awards the contract to MJC
Construction for a bid estimate in the amount of $89,625.00. The proj ect includes
maintenance, removal and replacement of sidewalks, curbs, gutters, and driveway
approaches. (Director of General Services)
Staff recommendation: Council adopt the resolution.
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CONSENT CALENDAR (Continued)
5. RESOLUTION NO. 2004-293, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING A DONATION IN THE AMOUNT OF
$1,000, AND APPROPRIATING SAID DONATED FUNDS
The Fire Prevention Bureau recently received a donation in the amount of $1,000 from
the Wal-Mart Foundation. The donation was presented to the Fire Prevention Bureau to
support fire investigation. The donation will be used to purchase an Arson/Fire
Investigation portable sensor. (Fire Chief)
Staff recommendation: Council adopt the resolution.
6. RESOLUTION NO. 2004-294, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING UNANTICIPATED GRANT FUNDS FROM
THE SWEETWATER UNION HIGH SCHOOL DISTRICT, AND AMENDING THE
FISCAL YEAR 2005 BUDGET TO APPROPRIATE SAID FUNDS
The Fire Department was requested to provide Citizens Emergency Response Training
and Standardized Emergency Management System (SIMS) training to the Sweetwater
Union High School District and recharge fire extinguishers. A total of $10,000 in grant
funds received by the school district will be allocated to the Fire Department for services
to be rendered under the Emergency Crisis and Response Grant. (Fire Chief)
Staffrecommendation: Council adopt the resolution.
7. RESOLUTION NO. 2004-295, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING A MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF SAN DIEGO OFFICE OF HOMELAND SECURITY AND
THE CITY OF CHULA VISTA REGARDING URBAN AREA SECURITY
INITIATIVE (UASI) GRANT FUNDING, ACCEPTING UNANTICIPATED UASI
GRANT FUNDS AND AMENDING THE FISCAL YEAR 2005 BUDGET TO
APPROPRIATE SAID FUNDS
The City of San Diego is the designated Urban Area Security Initiative (VAS!) grant
coordinator for the San Diego region. Before grant funds can be expended, the UASI
grant stipulates a Memorandum of Understanding (MOD) between the City of San Diego
Office of Homeland Security and the participating agency be effective. The MOU is
required to ensure compliance with the grant assurances for the Urban Area Security
Initiative. The Fiscal Year 2003 UASI grant funds will primarily be used to purchase
personnel protective equipment for Police Officers and radiation detection devices for the
Fire Department. (Fire Chief)
Staffrecommendation: Council adopt the resolution.
8. RESOLUTION NO. 2004-296, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE THIRD AMENDMENT TO AN
AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND MARION B. BORG
ENVIRONMENTAL CONSULTING SERVICES RELATED TO MITIGATION
MONITORING AND REPORTING, PREPARATION OF ENVIRONMENTAL
DOCUMENTS AND THE COORDINATION AND OVERSIGHT OF THE
PREPARATION OF ENVIRONMENTAL DOCUMENTS
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CONSENT CALENDAR (Continued)
Adoption of the resolution approves the third amendment to an existing contract with
Marion B. Borg Environmental Consulting for environmental consulting services related
to mitigation monitoring and reporting, preparation of environmental documents, and the
coordination and oversight of the preparation of environmental documents. (Director of
Planning and Building)
Staff recommendation: Council adopt the resolution.
9. RESOLUTION NO. 2004-297, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE FIRST AMENDMENT TO AN
AGREEMENT WITH THE EASTLAKE COMPANY, LLC REGARDING EASTLAKE
VILLAGE CENTER NORTH
In July 2003, the City entered into an improvement agreement with EastLake Company,
LLC regarding the EastLake Village Center North property. One of the provisions of the
agreement assigned Transportation Development Impact Fee (TDIF) credit to the
property, based on specific approved uses. Adoption of the resolution amends the
approved uses eligible for TDIF credit. (Director of General Services, City Engineer)
Staff recommendation: Council adopt the resolution.
ACTION: Mayor Padilla moved to approve staffs recommendations and offered the
Consent Calendar, including the revised first amendment for Item 9, headings
read, texts waived. The motion carried 5-0.
ORAL COMMUNICATIONS
Steve Molski, representing concerned citizens in the area of G Street, expressed repeated concern
about the road's deteriorated condition, due partly to heavy trucks utilizing the street during the
H Street construction project. He asked that the street be repaved as soon as possible. Mayor
Padilla asked staff to contact Mr. Molski regarding his concerns.
Donald Cohen invited the community to attend the opening of the San Diego Junior Theatre,
which will present "Little Shop of Horrors" on September 17, 2004, at 7:00 p.m. The theatre is
located on the corner of Third Avenue and Davidson Street.
PUBLIC HEARINGS
10. CONSIDERATION OF ADOPTION OF AN URGENCY ORDINANCE MODIFYING
THE EXISTING SALT CREEK SEWER BASIN DEVELOPMENT IMPACT FEE
AND AMENDING ORDINANCE NO. 2617
On August 17,2004, the Council adopted Urgency Ordinance No. 2974-A, modifying the
Salt Creek Sewer Basin Development Impact Fee (DIF) and amending Ordinance No.
2617. Adoption of the proposed Urgency Ordinance will enable the City to continue to
collect the new fee during the 60-day waiting period before the regular ordinance
becomes effective. (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.
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PUBLIC HEARINGS (Continued)
Mayor Padilla opened the public hearing. There being no members of the public wishing to
speak, he then closed the hearing.
ACTION: Councilmember Rindone offered Urgency Ordinance No. 2974-B, heading read,
text waived:
URGENCY ORDINANCE NO. 2974-B, 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.
11. CONSIDERATION OF AN AMENDMENT TO THE CDBG/HOME PROGRAM
ANNUAL PLANS FOR FISCAL YEARS 2002/2003 AND 2004/2005
The Fiscal Year 2002/2003 CDBG/HOME program annual plan includes $255,181 in
CDBG funds for the E Street beautification project (LD-I08). This project has been
postponed pending the development and adoption of the Urban Core Specific Plan, which
will include a comprehensive streetscape master plan. Staff recommends that the CDBG
funds appropriated for the E Street project be reallocated to fund needed improvements to
Gayle McCandliss Park and for street improvements to Tobias Street, from Naples to
Oxford, as part of the Castle Park neighborhood revitalization program. Both activities
have been determined to be eligible uses under the CDBG Program. (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.
Councilmember Rindone requested assurance that the project would come back to the Council in
a timely manner, since this particular area of the community badly needs revitalization. General
Services Director Griffin responded that staff intends to bring back the E Street beautification
project in conjunction with the Urban Core Specific Plan. Additionally, Councilmember
Rindone expressed disappointment about the types of businesses proposed for that particular area
and asked staff to schedule an appointment with him to discuss his concerns.
Deputy Mayor Salas expressed disappointment with the outcome of the H Street entryway
improvements, stating that it has an unfinished look. She also commented on the tardiness of the
completion of the project, stating that local businesses were significantly impacted as a result.
She commented that future improvements need to be constructed in a timely manner.
With no members of the public wishing to speak, Mayor Padilla closed the public hearing.
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PUBLIC HEARINGS (Continued)
ACTION: Deputy Mayor Salas offered Resolution Nos. 2004-298 and 2004-299, headings
read, texts waived:
RESOLUTION NO. 2004-298, RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING A
NEW CAPITAL IMPROVEMENT PROJECT, "TOBIAS STREET
IMPROVEMENTS FROM NAPLES TO OXFORD" (STL-301);
TRANSFERRING THE UNENCUMBERED BALANCE OF
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS
FROM THE E STREET BEAUTIFICATION PROGRAM (LD-I08) TO
GAYLE MCCANDLISS PARK IMPROVEMENTS (PR-179) AND
TOBIAS STREET IMPROVEMENTS (STL-301); AND AMENDING
THE CDBG PROGRAM AND HOME INVESTMENT PARTNERSHIP
(HOME) PROGRAM ANNUAL PLANS FOR FISCAL YEARS
2002/2003 AND 2004/2005 TO REFLECT SUCH TRANSFER
RESOLUTION NO. 2004-299, RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CHULA VISTA UN-ENCUMBERING
$312,814 FROM THE AVAILABLE BALANCE OF PARKLAND
ACQUISITION AND DEVELOPMENT (PAD) FEE FUNDS FROM
CAPITAL IMPROVEMENT PROJECT PR-179, GAYLE
MCCANDLISS PARK
The motion carried 5-0.
12. CONSIDERATION OF AMENDMENTS TO THE OTAY RANCH PLANNING AREA
12 - FREEWAY COMMERCIAL SECTIONAL PLANNING AREA (SPA) PLAN,
DESIGN PLAN AND PLANNED COMMUNITY DISTRICT REGULATIONS
In April 2003, the Council approved the Sectional Planning Area (SPA) Plan for the
Freeway Commercial portion of Planning Area 12 in the Otay Ranch. General Growth
has applied to amend the FC-l area (McMillin Company's ownership) in the Freeway
Commercial SPA Plan. The proposal includes changes to the vehicle and transit
circulation, the concept plan, and planned community district regulations. Planning Area
12 - Freeway Commercial is located east of the future State Route 125, south of Olympic
Parkway, north of the future alignment of Birch Road, and west of EastLake Parkway.
(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.
Principal Planner Rosaler presented the proposed Otay Ranch SPA Plan amendment.
Councilmember McCann commended City staff and the developer for designing a plan that
incorporates pedestrian walkways and automobile access, as well as a movie theatre and several
restaurants. He requested assurance that the City logo would be branded within the project site.
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PUBLIC HEARINGS (Continued)
Councilmember Rindone expressed concern about the reduction from three traffic lanes to two.
Mr. Rosaler replied that traffic studies by the City's consultant for the project have indicated a
significant reduction of traffic volumes on Birch Street as one moves east. He expressed
assurance that staff is taking a strong look at the traffic studies to assess the number of required
turning lanes and depth of the turn-lane pockets. Councilmember Rindone asked if the center
would be responsible for maintenance of the internal streets. Mr. Rosaler responded
affirmatively. City Attorney Moore added that a provision is commonly placed in the tentative
map conditions, in the form ofCC&R's, that provides the City with enforcement rights.
There being no members of the public wishing to speak, Mayor Padilla closed the hearing.
ACTION: Councilmember McCann offered the Ordinance for first reading and Resolution
No. 2004-300 for adoption, headings read, texts waived.
. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING AN AMENDMENT TO THE OTAY RANCH
PLANNING AREA 12 - FREEWAY COMMERCIAL SECTIONAL
PLANNING AREA (SPA) PLAN PLANNED COMMUNITY DISTRICT
REGULATIONS (FIRST READING)
RESOLUTION NO. 2004-300, RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN
AMENDMENT TO THE OTAY RANCH PLANNING AREA 12 -
FREEWAY COMMERCIAL SECTIONAL PLANNING AREA (SPA)
PLAN AND DESIGN PLAN
The motion carried 5-0.
OTHER BUSINESS
13. CITY MANAGER'S REPORTS
City Manager Rowlands suggested that the meeting of September 28,2004 be cancelled.
ACTION: Councilmember Rindone moved to cancel the meeting. Councilmember Davis
seconded the motion, and it carried 5-0.
14. MAYOR'S REPORTS
There were none.
15. COUNCIL COMMENTS
Councilmember McCann stated that he attended the recent Fire Department retirement breakfast
to honor the brotherhood and sisterhood that exists in the fire service. He expressed pleasure that
with the construction of Fire Station 1, a wall will be constructed to recognize fire retirees. He
also commented on the success of the Celebrate Chula Vista event and commended the Rangers
Organization for organizing the recent soccer tournament in which his daughter's team took
second place.
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COUNCIL COMMENTS (Continued)
Councilmember Rindone concurred with the comments by Councilmember McCann regarding
the Fire Department retirement breakfast, and he congratulated residents who attended the
Celebrate Chula Vista event. He invited the community to a demonstration of hydrogen fuel cell
vehicles that is free and open to the public. It will be held on Sunday, September 19, 2004, from
noon to 4:00 p.m., at the San Diego County Administration building parking lot.
Deputy Mayor Salas also commented on the success of the recent Fire Department retirement
breakfast. She then reported that neighbors and businesses in the vicinity of the Village Card
Room have contacted her with complaints about the spillover of parking from patrons, which has
resulted in safety concerns by the residents who have to park their vehicles some distance from
their homes. She requested that staff look into solutions on the issue, such as issuing parking
permits to residents or establishing limited parking for non-residents.
Councilmember Davis concurred with Councilmembers' comments regarding the Fire
Department breakfast and Celebrate Chula Vista event. She also reported that she attended the
burial of four indigent veterans at Glen Abbey, an event organized by the 82nd Airborne
AMVETS.
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: 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 franchise conveyance
No action was taken.
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 action was taken.
18. CONFERENCE WITH LEGAL COUNSEL REGARDING INITIATION OF
LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(c)
. One Case
No reportable action was taken.
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CLOSED SESSION (Continued)
19. CONFERENCE WITH LEGAL COUNSEL REGARDING ANTICIPATED
LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b)
. One Case
No reportable action was taken.
20. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO
GOVERNMENT CODE SECTION 54956.8
Property: Parcel No. 639-080-22
Agency negotiator: Rick Ryals, Real Property Manager and Linda Bartz, Attorney
Negotiating Parties: City of Chula Vista, BP Products North America, Inc., Arco
Service Station.
Under Negotiation: Price and Terms
No reportable action was taken.
ADJOURNMENT
At 11:15 p.m., Mayor Padilla adjoumed the meeting to the Regular Meeting of September 21,
2004, at 6:00 p.m. in the Council Chambers.
-~"W. ~'g;; P ~. ~
Susan Bigelow, MMC, City lerk
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