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HomeMy WebLinkAboutcc min 2005/03/01 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA March 1, 200S 4:00 P.M. A Regular Meeting of the City Council of the City of Chula Vista was called to order at 4: 19 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: 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 . INTRODUCTION BY DAVE BYERS, PUBLIC WORKS DIRECTOR, OF THE EMPLOYEE OF THE MONTH, KALANI CAMACHO, SENIOR PUBLIC WORKS INSPECTOR Mayor Padilla read the proclamation, and Deputy Mayor Davis presented it to Kalani Camacho. CONSENT CALENDAR (Items 1 through 6) Councilmember Castaneda requested that Items 4, S, and 6 be pulled ftom the Consent Calendar for discussion. 1. APPROVAL OF MINUTES of the Regular Meeting of February IS, 200S, and the Joint CouncillPlanning Commission Meeting of February IS, 200S. Staff recommendation: Council approve the minutes. 2. WRITTEN CORRESPONDENCE Request ftom Councilmember Rindone for an excused absence ftom the February IS, and February 22, 200S City Council Meetings. Staff recommendation: Council excuse the absences 3 A. ORDINANCE NO. 299S, ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DECREASING THE SPEED LIMIT ON "J" STREET FROM BAY BOULEVARD TO BROADWAY (SECOND READING) B. ORDINANCE NO. 2996, ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING A 2S-MPH SPEED LIMIT ON SAINT CLAIRE DRIVE FROM MARQUETTE ROAD TO OT A Y LAKES ROAD (SECOND READING) Page I - Council Minutes March I, 2005 CONSENT CALENDAR (Continued) Based on provisions of the California Vehicle Code and pursuant to the Chula Vista Municipal Code, the City Engineer has determined that the speed limit on J Street should be decreased to 30 mph between Bay Boulevard and Broadway, and a 25-mph speed limit should be established on St. Claire Drive from Marquette Road to Otay Lakes Road. These ordinances were introduced on February 22, 2005. (Director of General Services, City Engineer) Staffrecommendation: Council adopt the ordinances. ACTION: Mayor Padilla moved to approve staffs recommendations and offered Consent Calendar Items 1 through 3, headings read, texts waived. The motion carried 5-0. ORAL COMMUNICATIONS There were none. PUBLIC HEARINGS 7. CONSIDERATION OF APPROVAL OF A PROPOSAL TO CONVERT AN EXISTING APARTMENT COMPLEX TO CONDOMINIUM UNITS (SCHOEPFLIN INVESTMENT COMPANY/SUNBOW CORPORATION - PCS 05-03) Schoepflin Investment Company submitted an application for a tentative subdivision map to convert a 202-unit apartment complex to 202 condominium units for individual ownership. The l2.46-acre project site is located at 750 East Naples Court. (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 Zumwalt presented the proposed Sunbow Villas condominium conversion project. Councilmember McCann suggested the installation of sub-water meters to encourage water conservation and accountability for water usage by the homeowners. Jim Neil, applicant for the proposed project, stated that the project is ideal for a condominium conversion and has adequate open space and parking. He added that all the residents were contacted individually with respect to their options to purchase the units or to relocate. With no further members of the public wishing to speak, Mayor Padilla closed the public hearing. ACTION: Councilmember McCann offered Resolution No. 2005-067, heading read, text waived: Page 2 - Council Minutes March I, 2005 -----_.,- PUBLIC HEARINGS (Continued) RESOLUTION NO. 2005-067, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AND ESTABLISHING CONDITIONS OF A TENTATIVE MAP TO DIVIDE INTEREST IN 12.46 ACRES AT 750 EAST NAPLES COURT FOR A ONE-LOT CONDOMINIUM CONTAINING 202 RESIDENTIAL UNITS (SCHOEPFLIN INVESTMENT COMPANY/SUNBOW CORPORATION) The motion carried 5-0. ACTION ITEMS 8. REPORT REGARDING THE SATISFACTION OF AFFORDABLE HOUSING REQUIREMENTS FOR OTAY RANCH VILLAGE 11 BY PROCESSING AND CONSTRUCTING A 243-UNIT HOME OWNERSHIP PROJECT The developer has proposed a 243-unit, mixed-income, for-sale development located in those neighborhoods described as MU-l and R-19 to fulfill its affordable housing obligation. (Director of Community Development) Senior Community Development Specialist Hines presented the proposed Winding Walk affordable housing program. ACTION: Councilmember Rindone moved to accept the report. Mayor Padilla seconded the motion, and it carried 5-0. 9. CONSIDERATION OF AMENDMENTS TO THE CHULA VISTA MUNICIPAL CODE RELATING TO PROPERTY DEFACEMENT Adoption of the ordinance creates a year-round graffiti abatement program that addresses graffiti on public and private property by reducing the amount of time allowed for graffiti removal. The program allows City crews to get permission ftom residents and businesses to remove graffiti ftom their property at no cost. (Director of Public Works Operations) Director of Public Works Operations Byers presented the proposed code amendments. Councilmember Rindone expressed concern about citizen privacy rights with respect to graffiti removal by the City on private property. Deputy City Attorney Hanson replied that the proposed ordinance would specifically address regulations for entering private property. Councilmember Rindone requested that constituents be notified of the new graffiti abatement procedures by including an informational newsletter in utility billings. Regarding the proposed four-day requirement for utility companies to remove graffiti ftom their utility boxes, Councilmember Rindone asked what the consequences would be should the graffiti not be removed within that timeftame. Director Byers replied that City staff would remove the graffiti with matching paint supplied by the utility companies and added that he was hopeful that constituents and businesses would be proactive with regard to the program. Councilmember Rindone also asked staff to come back with a progress report within six to nine months after implementing the program. Page 3 - Council Minutes March I, 2005 ACTION ITEMS (Continued) Scott Alvey, representing SBC, supported the proposed program and urged other utility companies to work collaboratively with the City to provide matching paint for their utility boxes. He also expressed the need to ensure that businesses are not punished for property defacement from graffiti when they are, in fact, the victims. Councilmember Castaneda stated that there must be no public perception that the City's aggressive and proactive graffiti eradication program would replace existing police enforcement against graffiti perpetrators. ACTION: Councilmember McCann offered the Ordinance for first reading, heading read, text waived: ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING VARIOUS SECTIONS OF CHULA VISTA MUNICIPAL CODE CHAPTER 9.20, RELATING TO PROPERTY DEFACEMENT, INCLUDING GRAFFITI REMOVAL REQUIREMENTS, PENAL TIES AND RIGHTS OF THE CITY TO ENTER AND REMOVE GRAFFITI 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 (Continued ftom the Meeting of February 1,2005) In November 2003, the City Council/Staff University 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, Director of Planning and Building) ACTION: Mayor Padilla moved to continue the item to March 8, 2005. Deputy Mayor Davis seconded the motion, and it carried 5-0. 11. CONSIDERATION OF APPROVAL OF AN AGREEMENT WITH FITCH & ASSOCIATES, LLC TO CONDUCT A SURVEY RELATED TO ADVANCED LIFE SUPPORT AND AMBULANCE TRANSPORT On September 7, 2004, the City Council appropriated funds and authorized the Fire Department to release a request for proposal to conduct an advanced life support and ambulance transport study. The Purchasing Agent received seven proposals. A total of $40,000 was previously appropriated for this study. Adoption of the resolution awards the contract in the amount of $105,800 and appropriates $65,800. (Fire Chief) Mayor Padilla commented that the proposal is only to authorize the study and have staff bring back an analysis of that study. No policy decision has been made to proceed with any services. Page 4 - Council Minutes March I, 2005 ACTION ITEMS (Continued) ACTION: Mayor Padilla offered Resolution No. 2005-068, heading read, text waived: RESOLUTION NO. 2005-068, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AWARDING A CONTRACT TO FITCH & ASSOCIATES, LLC TO CONDUCT AN ADVANCED LIFE SUPPORT AND AMBULANCE TRANSPORT STUDY, APPROPRIATING $51,313 FROM THE PUBLIC FACILITIES DEVELOPMENT IMPACT FUND, AND $14,487 FROM THE A V AILABLE BALANCE OF THE GENERAL FUND, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT The motion carried 5-0. ITEMS PULLED FROM THE CONSENT CALENDAR 4. RESOLUTION NO. 2005-064, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE FORMAL COMPETITIVE BID PROCEDURE AND APPROVING A PRODUCTION AGREEMENT WITH DATAPROSE BILLING SOLUTIONS TO PROVIDE PRINTING AND MAILING SERVICES FOR SEWER BILLS, FROM JANUARY 1,2005 THROUGH DECEMBER 31, 2005, AND AUTHORIZING THE DIRECTOR OF FINANCE TO CONTINUE RENEWING THE AGREEMENT FOR THE NEXT FIVE YEARS The City has been using DataProse Billing Solutions to print and mail sewer bills for the Sweetwater Authority District since June 2002. DataProse provides a cost-effective, quality service at competitive prices, and to commit to this supplier over an extended period of time ensures that the City continues to receive favorable terms and pricing. (Director of Finance) Councilmember Castaneda expressed concern about waiving the formal bidding process and authorizing the renewal of services for an additional five-year period, stating that citizens warrant the best services at the best prices. To that end, he requested that the City solicit requests for proposals from the business community. Deputy Mayor Davis clarified that the renewal date for the initial period of the agreement would be ftom February 22, 2005 through February 21,2006. ACTION: Councilmember Castaneda moved to amend the resolution to renew the agreement for the period of February 22, 2005 through February 21, 2006, and to delete the portion of the resolution that authorizes the Director of Finance to continue renewing the agreement for the next five years. Mayor Padilla seconded the motion, and it carried 5-0. ACTION: Mayor Padilla moved to adopt Resolution No. 2005-064 as amended, heading read, text waived. The motion carried 5-0. Councilmember Rindone asked staff to explore opportunities to work jointly with the Sweetwater District on sewer billing services. Page 5 - Council Minutes March I, 2005 ITEMS PULLED FROM THE CONSENT CALENDAR (Continued) 5. RESOLUTION NO. 2005-065, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING A CONTRACT FOR THE SOUTH CHULA VISTA LIBRARY PROJECT (PAINT), IN THE CITY OF CHULA VISTA, CALIFORNIA (PROJECT NO. LB125), AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT On March 2, 2005, the Director of General Services received sealed bids for this project. The work to be done consists of repainting the entirc exterior of the facility as necessary to correct the color deterioration of the exterior walls and stucco. (Director of General Services) Councilmember Castaneda observed that the recommended bid for the project was 21 percent lower than the other bids received, and the vendor is located in Huntington Beach, California. He questioned the need for safeguards to ensure that the work is done properly. General Services Director Griffin responded that there are clear specifications in place in terms of materials and timeframe for completion of the project. ACTION: Councilmember Castaneda offered Resolution No. 2005-065, heading read, text waived. The motion carried 5-0. 6. RESOLUTION NO. 2005-066, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $70,224 FROM THE OFFICE OF TRAFFIC SAFETY, AMENDING THE FISCAL YEAR 2004/2005 POLICE BUDGET FOR THE SOBRIETY CHECKPOINT PROGRAM, AND APPROPRIATING FUNDS THEREFOR The Police Department received funding from the Office of Traffic Safety for the Sobriety Checkpoint Program, with the goal of reducing the number of victims killed and injured in alcohol-involved collisions. The Department will conduct 12 sobriety checkpoints during a thirteen-month period, which encompasses three "You Drink and Drive. You Lose" statewide and national mobilization periods. (Chief of Police) Councilmember Castaneda requested and was given confirmation that the $70,224 would be allocated for the sobriety checkpoint program and that the recent allocation of $250,000 for "Operation Safe Neighborhoods" would be utilized in full for crime suppression purposes. ACTION: Councilmember Castaneda offered Resolution No. 2005-066, heading read, text waived. The motion carried 5-0. OTHER BUSINESS 12. CITY MANAGER'S REPORTS City Manager Rowlands announced that a Council Meeting would be held on March 29, 2005, at 6:00 p.m., in Council Chambers, for the purposes of conducting a public hearing for the Community Development Block Grant Program. Page 6 - Council Minutes March I, 2005 OTHER BUSINESS (Continued) 13. MAYOR'S REPORTS There were none. 14. COUNCIL COMMENTS Councilmember McCann reminded staff and Councilmembers to ensure that the Bayshore Bikeway is kept on the map. He also spoke of the success of the recent Kiwanis auction event that he attended. CLOSED SESSION 15. PUBLIC EMPLOYEE APPOINTMENT PURSUANT TO GOVERNMENT CODE SECTION 54957 . Assistant City Managers ACTION: Ratification of appointment of City Manager Assistant. 16. CONFERENCE WITH LEGAL COUNSEL REGARDING ANTICIPATED LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9 . One Case This item was not discussed, and no action was taken. 17. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) A. Redevelopment Agency of the City ofChula Vista v. de Flores, et al. (SDSC Case No. GIC 827799-1) No reportable action was taken on this item. B. City of Chula Vista v. B.P. West Coast Products, LLC, et al. (SDSC Case No. GIC 836505-1) No reportable action was taken on this item. ADJOURNMENT At 7:00 p.m., Mayor Padilla adjourned the meeting to the Regular Meeting of March 8, 2005, at 6:00 p.m. in the Council Chambers, and thence to an Adjourned Regular Meeting with the Planning Commission on March 9, 2005 at the Lorna Verde Recreation Center. , ~ -¡(l~~~f(~ Susan Bigelow, MMC, City Clerk Page 7 - Council Minutes March 1,2005