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HomeMy WebLinkAboutcc min 2005/02/01 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA February 1, 2005 4:00 P.M. A Regular Meeting of the City Council of the City of Chula Vista was called to order at 4: 16 p.m. in the Council Chambers, located in the Public Services Building, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Councilmembers: Castaneda, Davis, McCann, Rindone, and Mayor Padilla ABSENT: ALSO PRESENT: Councilmembers: None City Manager Rowlands, City Attorney Moore, and City Clerk Bigelow PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE Moment of Silence was held in memory of Martin Altbaum. SPECIAL ORDERS OF THE DAY . INTRODUCTION BY ASSIST ANT CITY MANAGER PALMER OF THE EMPLOYEE OF THE MONTH, JOY WHATLEY, CIRCULATION SUPERVISOR- LIDRARY Assistant City Manager Palmer introduced Ms. Whatley. Mayor Padilla read the proclamation, and Deputy Mayor Davis presented it to Ms. Whatley. . OATH OF OFFICE: JOANNE COMMISSION CLAYTON, MOBILEHOME RENT REVIEW Ms. Clayton was not present at the meeting, and the oath was not administered. . INTRODUCTION BY FIRE CHIEF PERRY AND DEPUTY CHIEF PETER OF NEW AND RECENTLY PROMOTED FIRE DEPARTMENT EMPLOYEES Deputy Fire Chief Geering introduced the new and recently promoted personnel. . PRESENTATION OF A PROCLAMATION BY MAYOR PADILLA AND RECOGNITION BY DEPUTY CHIEF PETER COMMENDING JOE KELLEJIAN, REGIONAL MANAGER, ECOLOGY AUTO PARTS, FOR CONTINUOUS SUPPORT OF THE FIRE DEPARTMENT Deputy Fire Chief Peter spoke of Mr. Kellejian's generous support of the department. Mayor Padilla read the proclamation and Deputy Mayor Davis presented it to Mr. Kellejian. . INTRODUCTION BY POLICE CHIEF EMERSON OF TWO RECENTLY HIRED LATERAL POLICE OFFICERS, ISAAC BURRUEL AND BRADLEY WENTZEL Police Chief Emerson introduced the recently hired officers and presented them with their badges. City Clerk Bigelow then administered the oath of office. Page 1 - Council Minutes February 1, 2005 CONSENT CALENDAR (Items 1 through 7) 1. APPROVAL OF MINUTES of January 11 and January 25,2005. Staff recommendation: Council approve the minutes. 2. ORDINANCE NO. 2992, ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AMENDMENTS TO CHULA VISTA MUNICIPAL CODE CHAPTERS 8.24 AND 8.25 TO CONFORM LANGUAGE RELATING TO SOLID WASTE, LITTER, AND RECYCLING, AND THE IMPLEMENTATION OF A VARIABLE RATE STRUCTURE (SECOND READING) The Council approved the implementation of a variable rate structure/unit pricing for small quantity generators and rate structure modifications for large quantity generators that encouraged waste reduction and provided recycling incentives. The implementation of these programs prompted the need for minor conforming modifications to Municipal Code Chapters 8.24 and 8.25 relating to solid waste, litter and recycling. This ordinance was introduced on January 25, 2005. (Director of Conservation and Environmental Services) Staff recommendation: Council adopt the ordinance. 3. ORDINANCE NO. 2993, ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTION 19.58.340 TO REGULATE THE SPACE ALLOCATED FOR THE TEMPORARY STORAGE, COLLECTION, AND LOADING OF RECYCLABLE MATERIALS AND SOLID WASTE IN DEVELOPMENT PROJECTS (SECOND READING) The proposed ordinance regulates the location and design of areas dedicated to the temporary storage, collection and loading of recyclable materials and solid waste associated with new construction projects and subdivisions. Adoption of the regulations brings the City into compliance with State law. This ordinance was introduced on January 25,2005. (Director of Conservation and Environmental Services) Staff recommendation: Council adopt the ordinance. 4. RESOLUTION NO. 2005-031, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2005 LIDRARY DEPARTMENT BUDGET BY APPROPRIATING A ONE-TIME UNANTICIPATED DONATION IN THE AMOUNT OF $5,000 Since July 1, 2004, the Library Department has received donations from various organizations and individuals for the purchase of new books to add to the library's collection. (Assistant City Manager Palmer) Staff recommendation: Council adopt the resolution. 5. RESOLUTION NO. 2005-032, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING $485,000 FROM THE AVAILABLE BALANCE OF THE GENERAL FUND TO THE PUBLIC LIABILITY EXPENSE BUDGET TO COVER ANTICIPATED COSTS AND EXPENSES RELATED TO CURRENT PuBLIC LIABILITY CLAIMS THROUGH THE END OF THE FISCAL YEAR Page 2 - Council Minutes February 1, 2005 -~-------------.- -~ CONSENT CALENDAR (Continued) 6A. 7A. ACTION: The City's budget includes funds to defend and pay settlements on claims against the City based on typical claims activity. Depending upon the number and the complexity of claims received, the cost to defend or settle them may exceed the costs anticipated during budget preparation. Such is the case this fiscal year. This appropriation will cover currently known claims expenses through the end ofthe fiscal year. (Director of Human Resources, City Attorney) Staff recommendation: Council adopt the resolution. B. RESOLUTION NO. 2005-033, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING AN ANNEXATION MAP SHOWING TERRITORY PROPOSED TO BE ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 97-2 (PRESERVE MAINTENANCE DISTRICT) AND IMPROVEMENT AREA A THERETO RESOLUTION NO. 2005-034, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DECLARING ITS INTENTION TO AUTHORIZE THE ANNEXATION OF TERRITORY TO COMMUNITY FACILITIES DISTRICT NO. 97- 2 (pRESERVE MAINTENANCE DISTRICT) AND IMPROVEMENT AREA A THERETO McMillin Otay Ranch, LLC has requested the annexation of territory into Improvement Area A of Community Facilities District No. 97-2 (CFD 97-2.) CFD 97-2 was formed in 1998 and funds the maintenance of areas that have been conveyed to the preserve in accordance with the Otay Ranch Resource Management Plan. Adoption of the resolutions initiates the formal proceedings for the annexation of Village 12 to CFD No. 97 -2, Improvement Area A. (Director of General Services, City Engineer) Staff recommendation: Council adopt the resolutions. B. REPORT ON THE APPLICATION FOR THE FORMATION OF COMMUNITY FACILITIES DISTRICT NO. 13-1 (OTAY RANCH VILLAGES TWO AND SEVEN) RESOLUTION NO. 2005-035, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE INITIATION OF PROCEEDINGS TO CONSIDER THE FORMATION OF PROPOSED COMMUNITY FACILITIES DISTRICT NO. 13-1 (OTAY RANCH VILLAGES TWO AND SEVEN) FOR A PORTION OF VILLAGE SEVEN OF THE OTAY RANCH, AND APPROVING THE FORM OF A REIMBURSEMENT AGREEMENT WITH OT A Y PROJECT, LP Otay Project, LP submitted an application for establishing Community Facilities District No. 13-1 (CFD 13-1) to fund the acquisition or construction of certain public improvements serving Chula Vista and development improvements serving the Otay Project, LP. properties in the amount of approximately $100 million. Adoption of the resolution initiates the formal proceedings for the proposed CFD 13-1. (Director of General Services, City Engineer) Staff recommendation: Council accept the report and adopt the resolution. Mayor Padilla moved to approve staff's recommendations and offered the Consent Calendar, headings read, texts waived. The motion carried 5-0. Page 3 - Council Minutes February 1, 2005 ORAL COMMUNICATIONS Marco Polo Cortes, speaking as Chair of the Planning Commission, a member of the Reinvestment Task Force and a resident, requested an immediate 30 to 45-day moratorium on check cashing/payday lending institutions to develop a process by which to regulate such businesses, which are now granted administrative, over-the-counter approvals. He also mentioned other types of businesses in the City that should be more regulated. PUBLIC HEARING 8. CONSIDERATION OF APPROVAL OF A TENTATIVE MAP TO SUBDIVIDE 6.95 ACRES AT 1441 SANTA LUCIA ROAD INTO ONE-LOT CONDOMINIUM PARCEL CONTAINING 168 RESIDENTIAL UNITS (APPLICANT: LYON OTAY RANCH, LLC) Lyon Otay Ranch submitted an application for a tentative subdivision map to convert an existing 168-unit apartment complex to 168 condominium units for individual ownership. The 6.95-acre project site is located at 1441 Santa Lucia Road in Village One (Heritage) of the Otay Ranch. (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. Mayor Padilla opened the public hearing. Associate Planner Phelps presented the proposed condominium conversion. Terry Plowden, with the Douglas Wilson Companies, and representing Lyon Otay Ranch Company, asked the Council to approve the proposed subdivision. Councilmember McCann asked Mr. Plowden to describe the purchase opportunities that would be offered to the current residents of the apartment complex. Mr. Plowden responded that all the residents have a 90-day, first right of refusal to purchase their unit. Additionally, as an incentive, Otay Ranch has offered current residents up to $5,000 towards closing costs. He also added that there are a sufficient number of vacant apartments within close proximity to subject apartment units to accommodate the residents who would need to vacate. There being no further members of the public who wished to speak, Mayor Padilla closed the public hearing. - ACTION: Councilmember Rindone offered Resolution No. 2005-036, heading read, text waived: RESOLUTION NO. 2005-036, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AND ESTABLISHING CONDITIONS OF A TENTATIVE MAP TO SUBDIVIDE 6.95 ACRES AT 1441 SANTA LUCIA ROAD INTO A ONE-LOT CONDOMINIUM TENTATIVE SUBDIVISION MAP CONTAINING 168 RESIDENTIAL UNITS The motion carried 5-0. Councilmember Castaneda expressed the need to review the first-time homebuyer program to see how it could be expanded to accommodate a broader range of residents in the future. Page 4 - Council Minutes February 1, 2005 --- --------~---- ---- --- -------- ACTION ITEMS 9. CONSIDERATION OF APPROVAL OF APPROPRIATION OF FUNDS FOR THE PURCHASE OF ISTREETVIEW SOFTWARE iStreetView software is a street-level image set that provides a web-based viewer, permitting city staff to simulate navigating streets. Adoption of the resolution approves the appropriation of $30,000 for the procurement of the imagery and software program. (Director of Management and Information Services, Director of General Services, Director of Public Works Operations, Director of Planning and Building, Fire Chief) Management and Information Systems Director Vignapiano presented the proposed iStreetView imagery and software program. He also addressed questions about the program that were raised by the Council at a previous meeting. Councilmember Castaneda expressed concern about the costs associated with updating the streets as frequently as every six months, stating that he would prefer to see increased street paving in lieu of such frequent photography. Deputy Mayor Davis asked if the City would control the street photography updates, and Director Vignapiano responded affirmatively. Councilmember McCann asked for an estimate on the return on investment. Director Vignapiano responded that while he could not quantify the estimate in terms of dollars, there would be significant savings on fuel, vehicle maintenance, and staff time. Mayor Padilla expressed the need to quantify the benefits and added value of the software. He asked about the potential value of the software to the Police Department. Director Vignapiano replied that the Police Department does not wish to use the proposed software at this time but has no such software currently in place. ACTION: Deputy Mayor Davis offered Resolution No. 2005-037, heading read, text waived: RESOLUTION NO. 2005-037, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE APPROPRIATION OF ADDITIONAL FUNDS TO THE GIS- ORTHOPHOTOGRAPHY/TOPOGRAPHY PROJECT (GG183) FROM THE AVAILABLE BALANCE OF THE TRANSIT CAPITAL FUND FOR THE PROVISION OF PROCURING THE ISTREETVIEW IMAGERY AND SOFTWARE PROGRAM Councilmember Rindone requested that staff be directed to report in one year on the program's utility, benefit and cost savings; and that the program require Council approval before proceeding with the second year. Page 5 - Council Minutes February 1,2005 ACTION ITEMS (Continued) Mayor Padilla moved to amend the motion to include that staff be directed to report in one year on the program's utility, benefit and cost savings; and that the program will require Council approval before proceeding with the second year. The motion carried 5-0. 10. CONSIDERATION OF APPROVAL OF AGREEMENTS WITH STRATUS, A DIVISION OF THE JCM GROUP, FOR THE FORMALIZATION OF CHARTER UNIVERSITY PARTNERS; AND WITH BMS FOR THE DEVELOPMENT OF A FRAMEWORK LAND USE STRATEGY AND THE DEVELOPMENT OF A PRELIMINARY CAMPUS PLAN CONCEPT FOR THE UNIVERSITY PARK In November 2003, the City CounciVStaffUniversity Working Group selected a team of consultants, led by Stratus, to develop a higher education recruitment strategy. Subsequently, the working group requested that the Stratus team present a Phase II planning approach. Adoption of the resolution approves an agreement with Stratus to accomplish specific tracks of the planning approach, and with BMS to develop a land use strategy and preliminary campus plan concept for the University Park. (Director of Community Development) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA GRANTING AGREEMENTS WITH STRATUS, A DIVISION OF THE JCM GROUP, FOR THE FORMALIZATION OF CHARTER UNIVERSITY PARTNERS AND THE DEVELOPMENT OF KEY COLLABORATION, BUSINESS AND ACADEMIC PLANS BETWEEN AND AMONG THOSE PARTNERS; AND WITH BMS FOR THE DEVELOPMENT OF A FRAMEWORK LAND USE STRATEGY AND THE DEVELOPMENT OF A PRELIMINARY CAMPUS PLAN CONCEPT FOR THE UNIVERSITY PARK; AND APPROPRIATING $843,829 FROM THE AVAILABLE FUND BALANCE OF GENERAL FUND FOR THE PERFORMANCE OF THESE TASKS ACTION: Mayor Padilla moved to continue Item No. 10 to March 1,2005. Councilmember McCann seconded the motion, and it carried 5-0. OTHER BUSINESS 11. CITY MANAGER'S REPORTS There were none. 12. MAYOR'S REPORTS Mayor Padilla asked for Councilmembers' particular areas of interest for purposes of proposing assignments to represent the City on regional committees and task forces. Councilmember McCann stated he would like to participate on the university project, as well as SANDAG. Councilmember Castaneda indicated his interest in serving on the Inter-Agency Water Task Force, relocation of the power plant, and any other assignments deemed appropriate by the Mayor. Deputy Mayor Davis stated that she would also like to be involved with SANDAG, the Council Legislative Sub-Committee, and the university project. Councilmember Rindone indicated that he would like to continue representing the City with regard to MTS and SANDAG's transportation committee. Page 6 - Council Minutes February 1,2005 - -- .- ---~.__._----_. OTHER BUSINESS (Continued) 13. COUNCIL COMMENTS Councilmember Castaneda reported on the Planning Commission's unanimous vote to recommend that the Council enact an emergency moratorium on the approval of new check cashing/payday loan establishments in the City. He asked staff to prepare an emergency ordinance, as well as a permanent ordinance to establish a use permit process for these establishments, to be acted upon by the Council to regulate their location and operation. He distributed a memorandum to the Council regarding this request and said he hoped to see something come forward within 30 days. Deputy Mayor Davis congratulated the Chamber of Commerce on a successful dinner dance last Friday evening; and the Bonita Business & Professional Association for its installation of officers on Saturday evening. Councilmember McCann mentioned three successful events: the League of California Cities/San Diego Division quarterly dinner meeting hosted by Chula Vista at the Olympic Training Center on Thursday evening, the Chamber's dinner dance on Friday evening, and the Bonita Business & Professional Association's installation ceremony on Saturday evening. He also asked staff to determine how to use excess Interim SR-125 development impact fees to allow those who paid the fees to receive a discount for using the road, perhaps through a toll reduction or discount toward fast track. Councilmember Rindone invited Councilmembers and key City staff to attend a dinner on Saturday evening in honor of the visiting Chinese delegation. CLOSED SESSION 14. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) A. City ofChula Vista v. Evanston Insurance Co (SDSC #GIC818513) No reportable action was taken on this item. B. City of Chula Vista v. SANDPIP A No reportable action was taken on this item. ADJOURNMENT At 6:30 p.m., Mayor Padilla adjourned the meeting in memory of Martin Altbaum to the Regular Meeting of February 8, 2005, at 6:00 p.m. in the Council Chambers. ~ ~-'-~:_~~,r ~.~ Susan Bigelow, MMC, City Clerk Page 7 - Council Minutes February 1, 2005