HomeMy WebLinkAboutcc min 2005/03/08
MINUTES OF A REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF CHULA VISTA
March 8, 2005
6:00 P.M.
A Regular Meeting of the City Council of the City of Chula Vista was called to order at 6:04
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 (arrived at 6:25 p.m.)
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 POLICE CHIEF EMERSON OF RECENTLY PROMOTED
AGENTS, JIM FILLIUS, ERIK NAVA, JOE PICONE, RUSTY REA, AND PETE
STEVENS
Police Chief Emerson introduced the recently promoted Agents and presented them with their
badges.
CONSENT CALENDAR
(Items 1 through 8)
Councilmember Rindone requested that Item 4 be pulled from the Consent Calendar for
discussion.
1. APPROVAL OF MINUTES of February 22, 2005.
Staff recommendation: Council approve the minutes.
2. ORDINANCE NO. 2997, 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, PENALTIES AND RIGHTS
OF THE CITY TO ENTER AND REMOVE GRAFFITI (SECOND READING)
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 from residents and businesses
to remove graffiti from their property at no cost. This ordinance was introduced March 1,
2005. (Director of Public Works Operations)
Staff recommendation: Council adopt the ordinance.
Page 1 - Council Minutes
March 8, 2005
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CONSENT CALENDAR (Continued)
3. RESOLUTION NO. 2005-069, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2005 LIBRARY
DEPARTMENT BUDGET BY $3,000 BASED ON UNANTICIPATED ONE-TIME
GRANT AUGMENTATION FOR EXPENDITURES ASSOCIATED WITH THE
LITERACY PROGRAM
The California Department of Education recently notified the Chula Vista Literacy Team
of a one-time augmentation in the amount of $3,000 in Workforce Investment Act (WIA)
231 Grant funds for the fiscal year 2005. (Assistant City Manager Palmer)
Staff recommendation: Council adopt the resolution.
5. RESOLUTION NO. 2005-071, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING A DONATION IN THE AMOUNT OF
$50,000 FROM THE STEPHEN & MARY BIRCH FOUNDATION TO THE FIRE
DEPARTMENT, APPROPRIATING SAID DONATED FUNDS, AND
APPROPRIATING $5,037 FROM THE AVAILABLE BALANCE OF THE GENERAL
FUND FOR THE PURCHASE OF A FIRE SAFETY HOUSE
The Fire Department received a donation in the amount of $50,000 from the Stephen &
Mary Birch Foundation. The donation will be used to purchase a fire safety house. (Fire
Chief)
Staff recommendation: Council adopt the resolution.
6 A. RESOLUTION NO. 2005-072, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2005 POLICE
DEPARTMENT PERSONNEL SERVICES BUDGET TO RECLASSIFY THE
CALIFORNIA BORDER ALLIANCE GROUP (CBAG) NETWORK
ADMINISTRATOR TO CBAG NETWORK MANAGER, RECLASSIFY THE
POSITION OF CBAG NETWORK ASSIST ANT TO CBAG NETWORK
ADMINISTRATOR I, CREATE A NEW POSITION OF CBAG NETWORK
ADMINISTRATOR II, CREATE A NEW POSITION OF CBAG GRAPHICS
DESIGNER/WEB MASTER, ADD ONE CBAG ANALYST; AND APPROPRIATE
$120,492 FROM THE AVAILABLE BALANCE OF THE GENERAL FUND BASED
UPON UNANTICIPATED REVENUES
B. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING THE CHULA VISTA MUNICIPAL CODE SECTION 2.05.010
RELATING TO THE ESTABLISHMENT OF UNCLASSIFIED POSITIONS (FIRST
READING)
The California Border Alliance Group (CBAG) has requested several classification
updates and additions. The full cost for those reclassifications and additions will be paid
for by CBAG. Adoption of the resolution also approves the Police Department's request
for the addition of the positions of CBAG Network Administrator I, CBAG Network
Administrator II, CBAG Network Manager, CBAG Graphics Designer/Webrnaster and
the deletion of the positions of CBAG Network Adrnmistrator and CBAG Network
Assistant. Additionally, Chula Vista City Charter section 500 requires that all
unclassified positions not mentioned specifically in Charter section 500 be adopted by
Ordinance. (Chief of Police)
Staff recommendation: Council adopt the resolution and place the ordinance on first
reading.
Page 2 - Council Minutes
March 8, 2005
CONSENT CALENDAR (Continued)
7. RESOLUTION NO. 2005-073, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ORDERING THE SUMMARY VACATION OF
ASSIGNABLE ACCESS EASEMENTS AND IRREVOCABLE OFFERS OF
DEDICATION ASSOCIATED WITH LOTS "P", "Q", "R", "C" AND "D" OF
SUBDIVISION MAP 14853 AND LOTS "0" AND "A" OF SUBDIVISION MAP NO.
14261; AUTHORIZING THE CITY CLERK TO RECORD SAID SUMMARY
VACATION FOR EACH LOT INDIVIDUALLY PRIOR TO THE U.S. FISH AND
WILDLIFE SERVICE ACCEPTANCE OF EACH LOT
The Council previously approved the "A" maps for San Miguel Ranch. The subdivision
maps created certain open space lots to preserve habitat and the developer irrevocably
offered to dedicate these lots to the City. Adoption of the resolution authorizes the City
Clerk to record instruments to terminate the City's interest in the preserve lots in
accordance with the California Government Code and the California Streets and
Highways Codes so that the developer (NNP Trimark) can transfer them to the U.S. Fish
and Wildlife Service. (Director of General Services, City Engineer)
Staff recommendation: Council adopt the resolution.
8. RESOLUTION NO. 2005-074, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE FINAL "A" MAP OF CHULA VISTA
TRACT NO. 05-07, MCMILLIN OTAY RANCH VILLAGE SEVEN; ACCEPTING
ON BEHALF OF THE CITY OF CHULA VISTA, THE EASEMENTS GRANTED ON
SAID MAP WITHIN SAID SUBDIVISIONS; ACCEPTING ON BEHALF OF THE
PUBLIC THE PUBLIC STREETS SHOWN THEREON; APPROVING THE
SUBDIVISION IMPROVEMENT AGREEMENT FOR THE COMPLETION OF
IMPROVEMENTS REQUIRED BY SAID SUBDIVISION; APPROVING THE
ASSOCIATED SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT;
REQUIRING DEVELOPER TO COMPLY WITH CERTAIN UNFULFILLED
CONDITIONS OF RESOLUTION NO. 2004-331
Council previously approved a tentative subdivision map for Otay Ranch Village Seven,
Chula Vista Tract No. 05-07. Adoption of the resolution approves the McMillin Otay
Ranch Village Seven "A" Map, its associated subdivision improvement agreement,
supplemental subdivision improvement agreement, and an addendum to the Otay Ranch
Village Seven sectional planning area plan to allow the issuance of building permits in
Village Seven prior to the opening of SR-125. (Director of General Services, City
Engineer)
Staff recommendation: Council adopt the resolution.
ACTION:
Deputy Mayor Davis moved to approve staff's recommendations and offered
Consent Calendar Items 1 through 3 and 5 through 8, headings read, texts waived.
The motion carried 4-0, with Mayor Padilla absent.
ORAL COMMUNICATIONS
There were none.
Page 3 - Council Minutes
March 8, 2005
PUBLIC HEARINGS
9. CONSIDERATION OF ADOPTION OF AN ORDINANCE AND AN URGENCY
ORDINANCE MODIFYING THE EXISTING TRANSPORTATION DEVELOPMENT
IMPACT FEE AND AMENDING CHAPTER 3.54 OF THE MUNICIPAL CODE
The City's Transportation Development Impact Fee (TDIF) Program was established on
January 12, 1988. Since its inception, the program has been updated several times to
reflect new land use approvals and updated project cost estimates. The last TDIF update
was approved on August 13,2002. Adoption of the ordinances approves the 2005 TDIF
update, including an increase from the current fee of $8,825 to $10,400 per Equivalent
Dwelling Unit (EDU). The proposed Urgency Ordinance enables the City to collect the
fee immediately after the adoption of proposed General Plan. (Director of General
Services, City Engineer)
ACTION:
Councilmember McCann moved to continue the hearing to a future date.
Councilmember Castaneda seconded the motion, and it carried 4-0.
10. CONSIDERATION OF AN AMENDMENT TO THE EASTLAKE BUSINESS
CENTER II SECTIONAL PLANNING AREA (SPA) PLAN, PLANNED
COMMUNITY DISTRICT REGULATIONS, DESIGN GUIDELINES AND
ASSOCIATED REGULATORY DOCUMENTS (PCM-04-l6; THE EASTAKE
COMPANY LLC)
The EastLake Company, LLC submitted an application to I) amend the land use district
map in order to add a design district overlay over a 36-acre portion ofland with a BC-l
land use designation, and define allowable land uses within the overlay area; and 2)
amend the design guidelines to add sign criteria specific for businesses located within the
design district overlay. (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. There were no members of the public who wished to
speak.
ACTION:
Councilmember Castaneda moved to continue the public hearing to the meeting
of March 22,2005. Councilmember McCann seconded the motion, and it carried
4-0.
ACTION ITEMS
11. 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 from the Meeting of March 1,2005)
Page 4 - Council Minutes
March 8, 2005
ACTION ITEMS (Continued)
In February 2004, the City Council/Staff University Working Group selected a team of
consultants, led by STRATUS, and including BMS as a sub-contractor, to develop a
higher education recruitment strategy. Subsequently, the working group requested that
staff and the consultants present a Phase II planning approach. Adoption of the
resolutions appoints a Blue Ribbon Committee to advise the City Council on the
University Park and Research Center planning and waives the formal consultant selection
process and grants agreements with STRATUS to accomplish specific tracks of the
planning approach, and with BMS to develop a framework land use strategy and
preliminary campus plan concept for the University Park. (Director of Community
Development, Director of Planning and Building)
Economic Development Manager Stone introduced the Blue Ribbon Committee members. He
then gave a presentation on the University Park and Research Center project and stated that staff
would return to Council with status reports in May and August, 2005.
Dr. Lee Kerschner, Blue Ribbon Committee Chairperson, thanked the Council for the
opportunity to serve on the proposed committee, stating that the university concept plan is an
exciting one, and he looks forward to reporting back to the Council with progress reports.
ACTION:
Mayor Padilla then offered Resolution Nos. 2005-075, 2005-076, and 2005-077,
headings read, texts waived:
RESOLUTION NO. 2005-075, RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CHULA VISTA FORMING A BLUE
RIBBON COMMITTEE OF DISTINGUISHED INDIVIDUALS TO
ADVISE THE CITY ON MATTERS RELATED TO THE PLANNING
OF THE UNIVERSITY PARK AND RESEARCH CENTER
RESOLUTION NO. 2005-076, RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE
FORMAL CONSULTANT SELECTION PROCESS AND GRANTING
AN AGREEMENT 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
APPROPRIATING $451,000 FROM THE AVAILABLE FUND
BALANCE OF THE GENERAL FUND FOR THE PERFORMANCE OF
THESE TASKS
RESOLUTION NO. 2005-077, RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE
FORMAL CONSULTANT SELECTION PROCESS AND GRANTING
AN AGREEMENT WITH BMS DESIGN GROUP FOR THE
PREPARATION OF A FRAMEWORK LAND USE STRATEGY AND
THE PREPARATION OF A PRELIMINARY CAMPUS PLAN
CONCEPT FOR THE UNIVERSITY PARK, AND APPROPRIATING
$256,245 FROM THE AVAILABLE FUND BALANCE OF THE
GENERAL FUND FOR THE PERFORMANCE OF THESE TASKS
The motion carried 5-0.
Page 5 - Council Minutes
March 8, 2005
ITEMS PULLED FROM THE CONSENT CALENDAR
4. RESOLUTION NO. 2005-070, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ADDING A LIBRARIAN I/II AND A (.5) LIBRARY
TECHNICIAN TO THE LIBRARY DEPARTMENT BUDGET AND
APPROPRIATING FUNDS THERFOR BASED UPON UNANTICIPATED
REIMBURSABLE REVENUES
The General Services and Library Departments are proceeding with plans to build the
Rancho del Rey Branch Library as proposed in the Library Master Plan. Public Facilities
Development Impact fees have been collected for this project and will allow the City to
construct a 30,000 square-foot branch library. It is anticipated that design work will
begin this spring, construction in spring 2006, and the branch will open in spring 2007.
(Assistant City Manager Palmer)
Staff recommendation: Council adopt the resolution.
Councilmember Rindone expressed concern about the hiring of additional Library staff for the
Rancho del Rey Branch Library so early in the process. Assistant City Manager Palmer
responded that the anticipated purchase of 100,000 books for the new library is extremely time-
consuming, since each book is purchased and reviewed individually by staff.
ACTION:
Councilmember Rindone then offered Resolution No. 2005-070, heading read,
text waived. The motion carried 5-0.
OTHER BUSINESS
12. CITY MANAGER'S REPORTS
There were none.
13. MAYOR'S REPORTS
Mayor Padilla reported that he, City Manager Rowlands and Director of Conservation and
Environmental Services Meacham met with the president of the California Public Utilities
Commission to reassert the City's position on the preferred framework regarding community
choice aggregation. He stated that the meeting was productive and that he would submit a
written report to the Council.
Mayor Padilla also spoke regarding the City's participation at a recent SANDAG meeting with
respect to housing programs in the regional comprehensive plan and the ability of various
jurisdictions to provide low-moderate income housing. He reported that the City was successful
in obtaining minor amendments to the program language regarding TRANSNET and funding for
transportation around the region that addresses incentives for sustainable growth policies. He
stated that a report would be forthcoming to Council.
Page 6 - Council Minutes
March 8, 2005
OTHER BUSINESS (Continued)
14. COUNCIL COMMENTS
Councilmember Castaneda spoke regarding the memorandum submitted to the Council about the
emergency drainage facility repair work on First A venue, between H Street and Shasta Street,
and requested assurance that the affected citizens in the area were adequately notified. Director
of Public Works Operations Byers responded that a preliminary notice has been given, and final
notification will be distributed to all affected citizens upon confirmation of the work schedule.
Councilmember Castaneda spoke about citizens' concerns regarding the backup of traffic on 1-
805 and associated safety issues with regard to the road widening project on I-80S at the Orange
Street/Olympic Parkway overpass. He asked staff to work with CalTrans on ways to ease the
congestion and address the safety concerns and to return to the Council with a report.
Councilmember Castaneda requested that emergency and permanent ordinances to establish a
use permit process to regulate the location and operation of check cashing establishments be
brought forward to the Council as soon as possible.
Councilmember McCann stated that he recently participated in the "Read Across America"
program at Rosebank Elementary School, and he acknowledged former Councilmember Salas'
presence at the event. He then asked Councilmember Rindone to provide the dates for upcoming
public workshops regarding the creation of a common calendar for local elementary, middle and
high schools. Counci1member Rindone announced that six community workshops are scheduled.
The first workshop will be held on April 6, 2005, at 6:30 p.m., at Chula Vista High School,
followed by meetings on April 13, 20, 27, and May 4, and 11, at various school locations.
CLOSED SESSION
15. PUBLIC EMPLOYEE APPOINTMENT PURSUANT TO GOVERNMENT CODE
SECTION 54957
. Assistant City Managers
No reportable action was taken on this item.
16. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION
PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a)
A. Wert v. City ofChula Vista [USDC Case No. 03 CV1I56J (BLM)]
B. Sidock v. City ofChula Vista (SDSC Case No. GIS 15970)
These items were not discussed, and no action was taken.
ADJOURNMENT
At 7:45 p.m., Mayor Padilla adjourned the meeting to the Regular Meeting of March 22, 2005, at
6:00 p.m. in the Council Chambers, and thence to an Adjourned Regular Meeting with the
Planning Commission on March 22,2005 at 7:00 p.m.
é- ~.u..~~'8:~
Susan Bigelow, MMC, City Clerk
Page 7 - Council Minutes
March 8, 2005