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HomeMy WebLinkAboutcc min 2004/11/09 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA November 9, 2004 6:00 P.M. A Regular Meeting of the City Council of the City of Chula Vista was called to order at 6:09 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 Deputy City Clerk Bennett PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY . PRESENTATION BY MAYOR PADILLA OF A PROCLAMATION TO SANDRA ACEVES, RECOGNIZING HER SON, HM3 FERNANDO MENDEZ-ACEVES, WHO WAS KILLED IN ACTION IN IRAQ ON APRIL 6 Mayor Padilla recognized those present to pay their respects to and honor Fernando Mendez- Aceves, including his mother, Sandra Aceves, his grandmother, Ms. Diana Zuriaga, brothers Rodrigo and Kenneth, and close family rriend Shelly Acosta. He also recognized and welcomed Lieutenant Commander Marquez Campbell, representing the United States Naval Medical Center, San Diego, First Sergeant Curtis Winrree, and a contingent of marines from Camp Pendleton. Mayor Padilla stated that he had the opportunity to meet with the Mendez-Aceves family and was impressed with the strength with which they are enduring this tragedy and with their focus on Fernando's values and ideals. He stated that it is important as a community to show families which have sacrificed and are suffering that they are not alone and that they have a greater community and family to help support them. Mayor Padilla extended, on behalf of the community of Chula Vista, condolences to the Mendez-Aceves family and heartfelt thanks for Fernando's service to his country. Mayor Padilla stated that upon conclusion of the war in Iraq, Fernando's name would be etched in Memorial Bowl, which honors local fallen heroes. He then read the proclamation and, together with Deputy Mayor Salas, presented it to Sandra Aceves. Ms. Aceves thanked Mayor Padilla for acknowledging her son, Fernando. She stated that despite sadness at the loss of her son, it is important for the world to know that she is proud of him as a son and as a Navy Corpsman. She asked all to join in saluting those who fought with Fernando and to celebrate his life and the way he lived it. She stated that this is not a day for tears, but rather a day to rejoice for Fernando's brotherhood present at the meeting. Page] - Council Minutes November 9, 2004 _._--_._----_.__.._----~-"-- ".--. -_.__.,-_._.__._.._......_._--_..~---~.__.._,-_.._------""-'-~'----' .~---,._-,,_.._._--~--_..__._...__._-- SPECIAL ORDERS OF THE DAY (Continued) First Lieutenant Commander Marquez Campbell stated that as a former employee at the medical center, Fernando was tenacious, energetic and professional, and his smile would be missed. Lieutenant Commander Campbell then proceeded to review the Sailors Creed. Corporal Marcus Wackter, representing the United States Marine Corps, Camp Pendleton, stated that "Doc" Fernando was a great man who taught those around him, cared for his friends, and gave the ultimate sacrifice for his country. Corporal Wackter believed that the best way to honor those like Fernando was to live the best way we can and be the best human beings we can possibly be. He said he would never forget all that Fernando sacrificed and taught him. Mayor Padilla acknowledged appreciation to those representing the First Marine Division and Echo Company, who were also present at the meeting. He also thanked Chula Vista Veterans Advisory Commission Chairperson Bob White and fellow veterans who assisted in facilitating the proclamation to honor Fernando. Mayor Padilla then announced that a DVD would be played titled "Echoes of War," a heartwarming story prepared by David Swanson, a photojournalist with the Philadelphia Inquirer, who was embedded with the Echo Company marines on the fateful day of the ambush that resulted in the loss of Fernando Aceves and over 20 other marines killed in action. The story captured their struggle and danger in order to bring freedom and democracy to another nation. Mayor Padilla thanked the Philadelphia Inquirer for permission to view the DVD, and he also thanked all those present for attending the meeting. . PRESENTATION BY MAYOR PADILLA OF A PROCLAMATION TO MIMI LOPEZ OF HILLTOP HIGH SCHOOL AND NICOLETTA MENEGON AND ETTORE MENEGON OF L'ISTITUTO ANGELA VERONESE HIGH SCHOOL IN MONTEBELLUNA, ITALY, RECOGNIZING THE STUDENTS FROM THE IT ALlAN EDUCATIONAL EXCHANGE PROGRAM Mayor Padilla read the proclamation, and Councilmember Rindone presented it to Mimi Lopez, Nicoletta Menegon, and Ettore Menegon. The student representatives thanked Councilmember Rindone and the City for their hospitality and for the opportunity to participate in the exchange program. Ms. Menegon thanked the Chula Vista families who have welcomed the students into their homes. Ms. Lopez thanked the Council for recognizing the exchange program and thanked the community for participating in the program. Councilmember Rindone also thanked his colleagues for honoring the exchange program. He reported that Hilltop High School participates in exchange programs with five countries throughout the world, and there are currently 24 students from Italy being hosted by local families. Mayor Padilla noted the i following correspondence received from the Mayor of Montebelluna, dated October 25,2004: "The City Council together with all the citizens of Montebelluna would like to take advantage of this cultural exchange to send our greetings to the town and administrators of Chula Vista. We are looking forward to welcoming the teachers and students of Hilltop High School to Montebelluna and are convinced that living and working together will provide an opportunity to strengthen the fiiendship between our countries and enhance appreciation for our cultures. Sincerely, The Mayor of Montebelluna, Laura Puppato." Mayor Padilla announced that the Council also received gifts of a City seal and illustrated books from the community of Montebelluna. , , Page 2 - Council Minutes November 9, 2004 - - CONSENT CALENDAR (Items 1 through 4) I. RESOLUTION NO. 2004-353, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING CHANGE ORDERS REQUESTED BY THE MCMILLIN COMPANY FOR PROCTOR VALLEY ROAD REACHES THREE AND FOUR, AND AUTHORIZING TRANSPORTATION DEVELOPMENT IMPACT FEE CREDIT FOR SUCH CHANGE ORDERS AND OTHER ITEMS The McMillin Company completed the construction of Proctor Valley Road reaches three and four and has requested Transportation Development Impact Fee (TDIF) credit. The credit request includes change orders that require City Council approval and a modification of the documentation requirements of the Municipal Code. (Director of General Services, City Engineer) Staff recommendation: Council adopt the resolution. 2. RESOLUTION NO. 2004-354, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA SETTING A PUBLlC HEARING FOR DECEMBER 14, 2004, TO CONSIDER VACATING A PEDESTRIAN EASEMENT LOCATED WITHIN 624 MARIPOSA CIRCLE (APN: 639-682-31-00) The City is considering vacation proceedings for a six-foot wide pedestrian easement located within 624 Mariposa Circle on its own initiative and at the request of the adjacent property owner. The aforementioned pedestrian easement does not provide access to a public street as originally intended, but dead-ends at the adjacent private property located at 505 East Naples Street. In accordance with Part 3, Chapter 3 of the California Streets and Highways Code, Council must adopt a Resolution of Intention setting a public hearing in order to consider the vacation request. (Director of General Services, City Engineer) Staff recommendation: Council adopt the resolution. 3. RESOLUTION NO. 2004-355, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AWARDING A PURCHASE AGREEMENT TO PEARPOINT, INC. FOR $224,330.91 FOR ONE TV VAN, FLEXI-DATA SOFTWARE AND EQUIPMENT THROUGH A COOPERATIVE PURCHASE WITH THE CITY OF SAN DIEGO The City is participating in a current City of San Diego bid from Pearpoint, Inc. for the purchase of one TV van and equipment. Chula Vista Municipal Code Section 2.56.140 and Council Resolution No. 6132 authorize the Purchasing Agent to participate in cooperative bids with other government agencies for the purchase of materials of common usage. There are no vendors in the City of Chula Vista that normally furnish this type of heavy equipment. (Director of Public Works Operations) Staff recommendation: Council adopt the resolution. 4. RESOLUTION NO. 2004-356, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS, REJECTING THE LOWEST BID AND AWARDING CONTRACT FOR GREG ROGERS PARK IMPROVEMENTS - PHASE I (PROJECT PR169) TO COURT CONCEPTS, INC., IN THE AMOUNT OF $259,570.97 Page 3 - Council Minutes November 9, 2004 ._______.._n.__._..____..._ ..------..........---..- ._._-_.._.__._-~----....__._--_._.._----_..-,---_._- -------_.~-_.__._._-------_.._-,_.._- CONSENT CALENDAR (Continued) On September 15, 2004, the Director of General Services received sealed bids for this project. The scope of work primarily includes the construction of a new play area, a new picnic/shade structure and paving improvements to provide an accessible route to these facilities from the existing parking lot at Greg Rogers Park, located 1189 Oleander A venue. (Director of General Services) Staff recommendation: Council adopt the resolution. ACTION: Councilmember Rindone moved to approve staffs recommendations and offered the Consent Calendar, headings read, texts waived. The motion carried 5-0. ORAL COMMUNICATIONS There were none. PUBLlC HEARING 5. CONSIDERATION OF APPROVAL OF GRANTING A NATURAL GAS UTILlTY FRANCHISE AND ELECTRIC UTILlTY FRANCHISE TO SAN DIEGO GAS & ELECTRIC (SDG&E) The City and San Diego Gas & Electric have concluded negotiations and the City Council approved a Memorandum of Understanding outlining the benefits established through those negotiations. The Council adopted a resolution of intention to grant the franchises at its October 26, 2004 meeting. Adoption of the ordinances grants the franchises to San Diego Gas & Electric. (Director of Conservation and Environmental 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. Director of Conservation and Environmental Services Meacham presented the summary of the proposed terms and conditions of the San Diego Gas and Electric (SDG&E) franchise agreements. Councilmember Rindone requested that the terms of the agreements be made accessible to the public via the City's website. Councilmember McCann asked if the agreement would inhibit the City ITom utilizing additional funds for undergrounding power lines within the neighborhoods. Director Meacham responded that the agreement provides for an allocation that would allow the City to continue to pursue local projects. Frank Urtasan, representing SDG&E, urged the Council to support the proposed agreement, stating that he believed that the franchise would be of mutual benefit to the City and SDG&E and would establish a foundation for a partnership for many years to come, as well as a ITamework for continued, aggressive undergrounding in the City. Page 4 - Council Minutes November 9, 2004 -..---- PUBLlC HEARING (Continued) With no further members of the public wishing to speak, Mayor Padilla closed the public hearing. ACTION: Councilmember Davis offered the following ordinances for first reading, headings read, texts waived: ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA GRANTING TO SAN DIEGO GAS AND ELECTRIC COMPANY, ITS SUCCESSORS AND ASSIGNS, THE FRANCHISE TO CONSTRUCT, MAINTAIN AND USE POLES, WIRES, CONDUITS AND APPURTENANCES, INCLUDING COMMUNICATION CIRCUITS, NECESSARY OR PROPER FOR TRANSMITTING AND DISTRIBUTING ELECTRICITY TO THE PUBLlC FOR ANY AND ALL PURPOSES IN, ALONG, ACROSS, UPON, UNDER AND OVER THE PUBLlC STREETS AND PLACES WITHIN THE CITY OF CHULA VISTA (FIRST READING) ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA GRANTING TO SAN DIEGO GAS AND ELECTRIC COMPANY, ITS SUCCESSORS AND ASSIGNS, THE FRANCHISE TO INSTALL, MAINTAIN AND USE PIPES AND APPURTENANCES FOR TRANSMITTING AND DISTRIBUTING NATURAL GAS TO THE PUBLlC FOR ANY AND ALL PURPOSES UNDER, ALONG, ACROSS OR UPON THE PUBLlC STREETS AND PLACES AS THE SAME NOW OR MAY HEREAFTER EXIST WITHIN THE CITY OF CHULA VISTA (FIRST READING The motion carried 5-0. Mayor Padilla acknowledged the many City staff, contract counsel, and consultants who participated in the agreement process. ACTION ITEMS 6. CONSIDERATION OF APPROVAL OF A SECOND AMENDMENT TO THE LEASE AGREEMENT BETWEEN THE CITY AND AMERICAN GOLF CORPORATION, AND AMENDING THE CITY'S MASTER FEE SCHEDULE AND ESTABLlSHING NEW GREEN FEES AT CHULA VISTA MUNICIPAL GOLF COURSE American Golf Corporation (AGC) has submitted a request for a rate increase. It has been approximately five years since the last rate increase submittal by AGC. Adoption of the resolutions amends the lease agreement between the City and AGC, and approves the new greens fees at Chula Vista Municipal Golf Course. The current greens fees have been in effect since January I, 1999. (Director of Public Works Operations) Councilmember McCann stated that he would abstain from discussion and voting on Item 6 due to property that he owns located within 500 feet of the golf course. He then left the dais. Page 5 - Council Minutes November 9,2004 _... -- ..".__._._-----~-"~-_.,...- -- -..._-.'"~.- ----.-..------ - - .-..._-------~----_. ACTION ITEMS (Continued) Public Works Director Byers presented an overview of the proposed lease amendment and new green fees for the golf course. Councilmember Davis commented that the golf course weekend rates are significantly lower than those at Bonita Golf Course. She suggested that the non-resident rates for weekends be increased to $34 and asked why non-resident super-twilight rates were maintained at $13. Director Byers replied that, based on staffs recommendations, American Golf would receive a fair return on its investment. He added that prices were compared for the courses in Bonita, Balboa, Oceanside, and Coronado. Deputy Mayor Salas believed that the proposed fee increases were too conservative to pay for services. She concurred with the comments by Councilmember Davis and also suggested increasing the fee for resident senior monthly cardholders. Director Byers replied that the senior card is a sensitive issue, the cards are utilized primarily during weekdays, and they offer recreation for seniors who may not be able to afford a fee increase. Councilmember Rindone commented that since the last green fee increases, there has been a 19 percent Consumer Price Index (Cpr) increase, and, therefore, he felt comfortable with the increases proposed by staff, since the increases would recoup the change in the CPI over that same period of time. He supported the proposed fee increases by American Golf Corporation for non-resident 18-hole weekend rates and non-resident super-twilight weekend rates. Councilmember Rindone questioned the difference between the four maintenance standards. Director Byers made reference to the agenda report, which delineated the requirements for each standard. ACTION: Councilmember Rindone moved to amend the proposed resolution B to include a non-resident l8-hole weekend rate of $34 (rather than $32.50) and a non-resident super-twilight weekend rate of $15 (rather than $13). Councilmember Davis seconded the motion, and it carried 4-0-1, with Councilmember McCann abstaining due to his ownership of property located within 500 feet of the Municipal Golf Course. Deputy Mayor Salas suggested that future fee increases be considered annually and be tied to the CPr. ACTION: Councilmember Rindone offered Resolution Nos. 2004-357 and 2004-358, as amended, headings read, texts waived: A. RESOLUTION NO. 2004-357, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A SECOND AMENDMENT TO THE LEASE AGREEMENT BETWEEN THE CITY AND AMERICAN GOLF CORPORATION TO INCREASE THE STANDARD OF MAINTENANCE FROM A BRONZE TO A SILVER STANDARD FOR THE CHULA VISTA MUNrCIP AL GOLF COURSE, AND AUTHORIZING THE MAYOR TO EXECUTE SAID SECOND AMENDMENT Page 6 - Council Minutes November 9, 2004 _.~._-~-- ACTION ITEMS (Continued) B. RESOLUTION NO. 2004-358, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE CITY'S MASTER FEE SCHEDULE AND ESTABLlSHING NEW GREENS FEES AT CHULA VISTA MUNICIPAL GOLF COURSE The motion carried 4-0-1, with Councilmember McCann abstaining due to his ownership of property located within 500 feet of the Municipal Golf Course. At 7:51 p.m., Councilmember McCann returned to the dais. OTHER BUSINESS 7. CITY MANAGER'S REPORTS There were none. 8. MAYOR'S REPORTS Mayor Padilla thanked Constituent Services Manager Anne Harrison for coordinating the recent "Beautify Chula Vista" event, which was a great success. He also thanked Ms. Harrison for her role in facilitating the presence of family, fellow marines, and mends to recognize fallen marine Fernando Mendez-Aceves. 9. COUNCIL COMMENTS . John McCann: Staff referral regarding community workshops throughout the City Councilmember McCann recommended that the Council consider conduct workshops offsite and in different regions of the City during the next year in an effort to bring government to the people. He also requested that staff provide an update on the status of sidewalks in Castle Park. He then congratulated Constituent Services Manager Anne Harrison for coordinating the recent "Beautify Chula Vista" event, reported on attending the Veterans walk held last week, and announced that his wife is expecting another child. Councilmember Rindone expressed concern about safety issues associated with the striping of lanes on East H Street between Second and Third Avenues, stating that the lanes seem extraordinarily narrow and that buses and trucks that navigate the street are at least one to two feet over the center line. He asked staff to come back with a report on the matter. He then encouraged all to attend a press conference on November 10, 2004, at 10:30 a.m., at the John Lippitt Center, 1800 Maxwell Road, regarding the promotion of the hydrogen fuel cell and the display of a hydrogen fuel cell-powered vehicle. Deputy Mayor Salas congratulated Councilmember McCann on conducting the opening ceremonies for the "Beautify Chula Vista" event. Councilmember Davis congratulated the Veterans Commission and the Veterans Foundation on the success of the recent Veterans walk fundraiser. She also commented on the South Bay YMCA "Black and White Ball" last Saturday, stating that it was a great event. Page 7 - Council Minutes November 9,2004 ""'-....-----.....----- .._". ._-",,0--.-- ".____,._ ..".,___._____.".___....___~,.._.______...__..,____.__~ .___.___ ______.... CLOSED SESSION Closed Session was cancelled and the following items were not discussed: 10. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LlTIGA TION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) · ARB v Eastlake (SDSC #GISI5582) 11. CONFERENCE WITH LEGAL COUNSEL REGARDING INITIATION OF LlTIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(c) · One case 12. 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, David D. Rowlands, Jr. Negotiating Parties: City of Chula Vista and San Diego Gas & Electric (various representatives) Under Negotiation: Price and terms of franchise conveyance 13. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LlTIGA TION 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-l2-27, A-02-12-028, and I 03-03- 016) ADJOURNMENT At 8:02 p.m., Mayor Padilla adjourned the meeting to the Regular Meeting of November 16, 2004, at 6:00 p.m. in the Council Chambers, and thence to an Adjourned Regular Meeting on November 17, 2004 at 7:00 p.m., in the Police Department Community Room. ~ ~ Lorraine Bennett Deputy City Clerk Page 8 - Council Minutes November 9, 2004 -----.-.------------