HomeMy WebLinkAboutcc min 2005/03/22
MINUTES OF A REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF CHULA VISTA
March 22, 2005
6:00 P.M.
A Regular Meeting of the City Council of the City of Chula Vista was called to order at 6:07
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
ABSENT:
Councilmembers:
Mayor Padilla
ALSO PRESENT: City Manager Rowlands, Assistant City Attorney Marshall, and
Assistant City Clerk Norris
PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE
SPECIAL ORDERS OF THE DAY
. PRESENTATION BY MAYOR PADILLA OF A PROCLAMATION DECLARING
TUESDAY, MARCH 22, 2005 AS LAW ENFORCEMENT POLICE RESERVE AND
MOUNTED OFFICER DAY IN THE CITY OF CHULA VISTA
Deputy Mayor Davis read the proclamation, and Councilmember McCann presented it to
representatives of the law enforcement police reserves and mounted officers.
. PRESENTATION BY FRANK RIVERA, DEPUTY CITY ENGINEER, REGARDING
CONSTRUCTION IN THE VICINITY OF INTERSTATE 805 INTERCHANGES AT
EAST H STREET, OLYMPIC PARKWAY AND TELEGRAPH CANYON ROAD;
AND REGARDING THE SR-125 TOLL ROAD
Deputy City Engineer Rivera provided an update on construction activities on I-80S and the SR-
125 toll road facility. He also reported on the widening of East H Street, Telegraph Canyon
Road lane improvements, and the Olympic Parkway interchange project. Senior Civil Engineer
Ammerman added that the northbound onramp from Main Street to I-80S and northbound
Olympic Parkway to the I-80S onramp have been lengthened to improve traffic merging onto the
freeway. He discussed methods used to alleviate traffic congestion in the construction areas and
stated that the City and CalTrans will continue to work to expedite the projects.
Councilmember Castaneda requested that staff meet frequently with CalTrans and the contractor
to expedite the freeway phase of the project in order to ease traffic backup on the freeway.
Page 1 - Council Minutes
March 22, 2005
SPECIAL ORDERS OF THE DAY (Continued)
. PRESENTATION BY ARMANDO BUELNA, OTAY WATER DISTRICT,
REGARDING WATER ISSUES AFFECTING CHULA VISTA AND THE REGION
Armando Buelna provided an update on local and regional water issues. He stated that members
of the public interested in learning about methods to conserve water may access the Otay Water
District's website at \\iWW .otavwater. gOV and select "Conservation."
CONSENT CALENDAR
(Items I through 13)
Regarding Item 8, Councilmember Castaneda expressed concern about the high cost
contingencies associated with the project, and he requested that staff provide Council with an
analysis of construction project expenditures by other municipalities.
With reference to Item 2, Deputy Mayor Davis announced that there were four separate
resolutions due to conflicts of interest by Councilmembers. Councilmember McCann stated that
he would abstain from voting on Items 2B and 2C due to the ownership of property within the
project area. Councilmember Rindone stated that he would abstain from voting on Item 2D due
to the proximity of his residence to the project.
1. ORDINANCE NO. 2998, 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
(SECOND READING)
The California Border Alliance Group (CBAG) has requested several classification
updates and additions. 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 ordinance.
2. A. RESOLUTION NO. 2005-078, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE AMENDMENT TO THE FOUR-YEAR
TRANSNET, LOCAL STREETS AND ROADS PROGRAM OF PROJECTS FOR
FISCAL YEARS 2004-2005 THROUGH 2007-2008, FOR SUBMITTAL TO THE SAN
DIEGO ASSOCIATION OF GOVERNMENTS (SANDAG) FOR INCLUSION IN THE
REGIONAL TRANSPORTATION IMPROVEMENT PROGRAM (RTIP)
EXCLUDING ANY AMENDMENTS OR SUBMISSIONS REGARDING THE
FOLLOWING PROJECTS: 1) FOURTH AVENUE RECONSTRUCTION BETWEEN
DAVIDSON STREET AND STATE ROUTE 54; 2) THIRD AVENUE SIDEWALK
IMPROVEMENTS BETWEEN D STREET AND FOURTH A VENUE; AND MAIN
STREET/I-80S INTERIM IMPROVEMENTS
B. RESOLUTION NO. 2005-079, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE AMENDMENT REGARDING THE
INCLUSION OF THE MAIN STREET/ I-80S INTERIM IMPROVEMENTS PROJECT
IN THE FOUR-YEAR TRANSNET, LOCAL STREETS AND ROADS PROGRAM OF
PROJECTS FOR FISCAL YEARS 2004-2005 THROUGH 2007-2008 FOR
SUBMITTAL TO THE SAN DIEGO ASSOCIATION OF GOVERNMENTS
(SANDAG) FOR INCLUSION IN THE REGIONAL TRANSPORTATION
IMPROVEMENT PROGRAM (RTIP)
Page 2 - Council Minutes
March 22, 2005
CONSENT CALENDAR (Continued)
C. RESOLUTION NO. 2005-080, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE AMENDMENT REGARDING THE
THIRD AVENUE SIDEWALK IMPROVEMENTS BETWEEN D STREET AND
FOURTH AVENUE TO THE FOUR-YEAR TRANSNET, LOCAL STREETS AND
ROADS PROGRAM OF PROJECTS, FOR FISCAL YEARS 2004-2005 THROUGH
2007-2008, FOR SUBMITTAL TO THE SAN DIEGO ASSOCIATION OF
GOVERNMENTS (SANDAG) FOR INCLUSION IN THE REGIONAL
TRANSPORTATION IMPROVEMENT PROGRAM (RTIP)
D. RESOLUTION NO. 2005-081, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE AMENDMENT REGARDING THE
FOURTH A VENUE RECONSTRUCTION PROJECT BETWEEN DAVIDSON
STREET AND STATE ROUTE 54, TO THE FOUR-YEAR TRANSNET, LOCAL
STREETS AND ROADS PROGRAM OF PROJECTS FOR FISCAL YEARS 2004-
2005 THROUGH 2007-2008, FOR SUBMITTAL TO THE SAN DIEGO
ASSOCIATION OF GOVERNMENTS (SANDAG) FOR INCLUSION IN THE
REGIONAL TRANSPORTATION IMPROVEMENT PROGRAM (RTIP)
SANDAG has requested that local agencies submit requests for amendments to existing
projects included in the current Regional Transportation Improvement Program (RTIP).
The current 2004/2005 RTIP includes City of Chula Vista transportation projects
covering fiscal years 2004/2005 through 2007/2008. The annual development and
approval of the RTIP by SANDAG is required for the continued receipt of state and
federal transportation project funding. Chula Vista's proposed amendments to the RTIP
involve adjusting the amount of Transnet funding among existing and proposed capital
improvement program projects for Chula Vista. (Director of General Services, City
Engineer)
Staff recommendation: Council adopt the resolutions.
3 A. RESOLUTION NO. 2005-082, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING AN AGREEMENT WITH
MUNIFINANCIAL, LLC FOR SPECIAL TAX CONSULTANT SERVICES FOR THE
FORMATION OF MAINTENANCE COMMUNITY FACILITIES DISTRICT FOR
OTA Y RANCH VILLAGE SEVEN, PURSUANT TO THE MELLO-ROOS
COMMUNITY FACILITIES ACT OF 1982, AND AUTHORIZING THE MAYOR TO
EXECUTE SAID AGREEMENT
B. RESOLUTION NO. 2005-083, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING AN AGREEMENT RETAINING THE FIRM
BEST BEST AND KRIEGER, LLP, AS THE SPECIAL TAX LEGAL COUNSEL FOR
THE FORMATION OF THE MAINTENANCE COMMUNITY FACILITIES
DISTRICT FOR OTA Y RANCH VILLAGE SEVEN, PURSUANT TO THE MELLO-
ROOS COMMUNITY FACILITIES ACT OF 1982, AND AUTHORIZING THE
MAYOR TO EXECUTE SAID AGREEMENT
Page 3 - Council Minutes
March 22, 2005
CONSENT CALENDAR (Continued)
C. RESOLUTION NO. 2005-084, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE INITIATION OF PROCEEDINGS TO
CONSIDER THE FORMATION OF COMMUNITY FACILITIES DISTRICT NO. 12-
M (OT A Y RANCH VILLAGE SEVEN) FOR MCMILLIN OT A Y RANCH LLC AND
OTA Y PROJECT L.P., AND APPROVING THE FORM OF TWO REIMBURSEMENT
AGREEMENTS
McMillin Otay Ranch LLC and Otay Project L.P. have submitted an application for
establishing Community Facilities District No. 12-M (CFD-12-M) to fund the
maintenance of certain public improvements serving Chula Vista and development
improvements serving the Otay Ranch Village Seven project. Adoption of the
resolutions approves the two consultant agreements and the initiation of proceedings to
form CFD-12-M and directs City staff to proceed with the formation requirements,
boundaries and other pertinent elements. (Director of General Services, City Engineer)
Staff recommendation: Council adopt the resolutions.
4. RESOLUTION NO. 2005-085, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING $83,219 FROM THE OFFICE OF
EMERGENCY SERVICES, APPROPRIATING SAID FUNDS TO THE FISCAL
YEAR 2004/2005 POLICE DEPARTMENT SUPPLIES AND SERVICES BUDGET,
WAIVING THE CONSULTANT SELECTION PROCESS, AND APPROVING THE
CONTRACTUAL AGREEMENT WITH SOUTH BAY COMMUNITY SERVICES TO
PROVIDE SERVICES FOR DOMESTIC VIOLENCE CASES
The Police Department and South Bay Community Services have been providing
Domestic Violence Response Team services for the past eight years. Approval of the
agreement continues those services, including comprehensive assessments of children
and families, immediate crisis intervention and follow-up services to the victims and
children. (Chief of Police)
Staff recommendation: Council adopt the resolution.
5. RESOLUTION NO. 2005-086, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2004/2005 POLICE
BUDGET TO APPROPRIATE $138,740 OF AVAILABLE GRANT FUNDS FROM
THE SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUND
The Police Department has discovered that grant money is available from the
Supplemental Law Enforcement Services Fund. These available funds come from
unexpended appropriations from the prior year budget and must be expended or
encumbered by June 30, 2005. (Chief of Police)
Staff recommendation: Council adopt the resolution.
Page 4 - Council Minutes
March 22, 2005
CONSENT CALENDAR (Continued)
6. RESOLUTION NO. 2005-087, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AWARDING A PURCHASE AGREEMENT IN THE
AMOUNT OF $138,246 FOR ONE GRAFFITI REMOVAL TRUCK TO DISPENSING
TECHNOLOGY CORPORATION
In an effort to enhance the City's graffiti eradication and abatement program, a new
graffiti abatement van was approved during the fiscal year 2004/2005 budget process.
Eight potential respondents were contacted, with two companies submitting proposals.
There were no local vendors who could design and build this type of truck. (Director of
Public Works Operations)
Staff recommendation: Council adopt the resolution.
7. RESOLUTION NO. 2005-088, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING A GRANT FOR $50,000 FROM THE
CALIFORNIA DEPARTMENT OF FORESTRY & FIRE PROTECTION, TO
SUPPLEMENT THE CITY'S REFORESTATION PROGRAM, AND
APPROPRIATING SAID FUNDS TO THE ENVIRONMENTAL RESOURCE
MANAGEMENT UNIT OF THE CONSERVATION AND ENVIRONMENTAL
SERVICES DEPARTMENT
Adoption of the resolution approves acceptance of a grant to supplement the City's
reforestation program by providing funds to plant 460 shade trees Citywide on public
rights-of-way. Trees will be provided to households and schools at no cost. Tree
planting events will be focused in western Chula Vista to help beautify the City and to
mitigate the impact of "urban heat island effect." (Director of Conservation and
Environmental Services)
Staff recommendation: Council adopt the resolution.
8. RESOLUTION NO. 2005-089, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING BIDS, REJECTING BIDS DUE TO
DISPARITIES IN THE BID PROPOSAL AND AWARDING CONTRACT FOR
SIDEWALK IMPROVEMENTS AT 333-35 & 337-39 PALOMAR STREET IN THE
CITY OF CHULA VISTA, CALIFORNIA (PROJECT STL-296)
On February 4, 2005, sealed bids were received for this project. The work to be done
includes excavation and grading, sidewalks, driveways, asphalt concrete pavement,
removal and disposal of existing improvements, traffic control, other miscellaneous
work, and all labor, material, equipment and transportation necessary for the project.
(Director of General Services)
Staff recommendation: Council adopt the resolution.
Page 5 - Council Minutes
March 22, 2005
CONSENT CALENDAR (Continued)
9 A. RESOLUTION NO. 2005-090, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE FIRST AMENDMENT TO THE
AGREEMENT WITH PCL CONSTRUCTION SERVICES, INC. TO INCORPORATE
THE GUARANTEED MAXIMUM PRICE (GMP) FOR THE DESIGN AND
CONSTRUCTION OF MONTEVALLE COMMUNITY PARK (CIP PR250),
LOCATED IN THE ROLLING HILLS RANCH SUBDIVISION OF EASTERN
CHULA VISTA, APPROPRIATING FUNDS NECESSARY TO COMPLETE THE
PROJECT, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AMENDMENT
B. RESOLUTION NO. 2005-091, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ESTABLISHING A SEPARATE CAPITAL
IMPROVEMENT PROJECT FOR THE RECREATION FACILITY COMPONENT OF
"MONTEVALLE RECREATION FACILITY", (CIP PR270), TRANSFERRING
EXISTING PUBLIC FACILITIES DEVELOPMENT IMPACT FEE FUNDS IN PR250
TO PR270, AND APPROPRIATING FUNDS NECESSARY TO COMPLETE THE
PROJECT
The City Council previously approved Capital Improvement Project PR250 and the
Master Plan for Montevalle Community Park, which conceptually designed and provided
for the construction of a completed and fully functional park and recreation center. On
December 16, 2003, the Council approved a design build agreement with PCL
Construction Services, Inc. for this facility. The agreement contained a not-to-exceed
price of $6,976,950 for the park and $5,347,250 for the building, with the guaranteed
maximum price (GMP) to be set upon receipt of 90% construction drawings. The project
is nearing the end of the design phase and ready to begin the construction phase.
Adoption of the resolution approves the first amendment that will set the GMP at
$13,998,532, which is comprised of $8,237,643 for the park and $5,760,889 for the
building. (Director of General Services)
Staff recommendation: Council adopt the resolutions.
10. RESOLUTION NO. 2005-092, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ESTABLISHING A NEW CAPITAL IMPROVEMENT
PROJECT WHEREBY THE FURNITURE, FIXTURES AND EQUIPMENT (FFE)
BUDGETS FOR VETERAN'S PARK, SALT CREEK PARK AND MONTEVALLE
PARK ARE CONSOLIDATED INTO "RECREATION FACILITIES - FURNITURE,
FIXTURES AND EQUIPMENT" (PR265), TRANSFERRING EXISTING FUNDS
AND APPROPRIATING FUNDS THEREOF
Council previously approved the Veterans Park, Salt Creek Park and Montevalle Park
capital improvement projects. All three parks contain budgets to outfit each facility as
necessary to provide community recreation services. Adoption of the resolution approves
the establishment of a new capital improvement project to consolidate all three furniture,
fixtures and equipment budgets into one project, transfers existing funds and appropriates
funds thereof. (Director of General Services)
Staff recommendation: Council adopt the resolution.
Page 6 - Council Minutes
March 22, 2005
CONSENT CALENDAR (Continued)
II A. RESOLUTION NO. 2005-093, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE FIRST AMENDMENT TO THE
AGREEMENT WITH RUDOLPH AND SLETTEN, INC TO INCORPORATE THE
GUARANTEED MAXIMUM PRICE (GMP) FOR THE DESIGN AND
CONSTRUCTION OF SALT CREEK COMMUNITY PARK (CIP PR251), LOCATED
IN THE EASTLAKE TRAILS NEIGHBORHOOD OF EASTERN CHULA VISTA,
APPROPRIATING FUNDS NECESSARY TO COMPLETE THE PROJECT AND
AUTHORIZING THE MAYOR TO EXECUTE SAID AMENDMENT
B. RESOLUTION NO. 2005-094, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ESTABLISHING A SEPARATE CAPITAL
IMPROVEMENT PROJECT FOR THE RECREATION FACILITY COMPONENT OF
SALT CREEK COMMUNITY PARK, "SALT CREEK RECREATION FACILITY",
(CIP PR271), TRANSFERRING EXISTING PUBLIC FACILITIES DEVELOPMENT
IMPACT FEE FUNDS IN PR251 TO PR271 , AND APPROPRIATING FUNDS
NECESSARY TO COMPLETE THE PROJECT
The City Council previously approved CIP Project PR251 and the Master Plan for Salt
Creek Park, which conceptually designed and provided for the construction of a
completed and fully functional park and recreation center. On November 4, 2003 by
Resolution 2003-452, the Council approved a design build agreement with Rudolph and
Sletten, Inc. for this project. The agreement contained a not-to-exceed price of
$12,044,814, with the guaranteed maximum price (GMP) to be set upon receipt of 90%
construction drawings. The project is nearing the end of the design phase and ready to
start the construction phase in March. Adoption of the resolution approves the first
amendment, setting the GMP at $13,493,898, which is comprised of $7,715,252 for the
park and $5,778,646 for the building. (Director of General Services)
Staff recommendation: Council adopt the resolutions.
12 A. RESOLUTION NO. 2005-095, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING AN AGREEMENT WITH HIRSCH &
COMPANY, TO PROVIDE PROFESSIONAL ENGINEERING SERVICES FOR
CLOSED-CIRCUIT TELEVISING (CCTV) INSPECTIONS AND CONDITION
ASSESSMENTS, REHABILITATION RECOMMENDATIONS AND
PRIORITIZATION OF THE CITY'S CORRUGATED METAL PIPE (CMP)
PIPELINES AND ASSOCIATED IMPROVEMENTS FOR THE CITY OF CHULA
VISTA, AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT ON
BEHALF OF THE CITY
B. RESOLUTION NO. 2005-096, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ESTABLISHING A CAPITAL IMPROVEMENT PROJECT
ENTITLED "04/05 CORRUGATED METAL PIPE (CMP) REHABILITATION
PROGRAM PHASE I, CCTV", (CIP DR-I64), AND TRANSFERRING EXISTING
FUNDS FROM CIP "WESTERN CHULA VISTA INFRASTRUCTURE" (GG-188) TO
DR-l 64 FOR SAID PURPOSE
Page 7 - Council Minutes
March 22, 2005
CONSENT CALENDAR (Continued)
Approximately 88,000 linear feet of corrugated metal pipe currently exists within the
limits of Chula Vista. The pipe segments are located throughout the City within rights-
of-way, easements, private property and/or undeveloped areas and are currently being
used to convey storm water runoff. The City is in need of a qualified consultant to
survey, inspect, and assess the current condition of these pipes, as well as to provide
recommendations on their rehabilitation and a prioritization of this rehabilitation.
Adoption of the resolutions approves an agreement with Hirsch & Company to provide
protèssional engineering services and to establish a capital improvement project for
closed-circuit televising work. (Director of General Services)
Staff recommendation: Council adopt the resolutions.
13. RESOLUTION NO. 2005-097, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA WAIVING THE FORMAL BIDDING PROCESS AND
APPROVING A THREE-PARTY AGREEMENT BETWEEN THE CITY OF CHULA
VISTA, ENVIRON INTERNATIONAL CORPORATION (CONSULTANT), AND ACI
SUNBOW, LLC (APPLICANT), FOR CONSULTING SERVICES RELATED TO THE
PREPARATION OF A HEALTH RISK ASSESSMENT, A PHASE I
ENVIRONMENTAL SITE ASSESSMENT, A NOISE ANALYSIS, AN ODOR
ANALYSIS, AND A NUISANCE DUST ANALYSIS, ASSOCIATED WITH THE
APPLICANT'S REQUEST FOR A GENERAL PLAN AMENDMENT TO ALLOW
RESIDENTIAL LAND USES ON PARCELS ADJACENT TO THE OT A Y LANDFILL
THAT ARE CURRENTL Y DESIGNATED FOR INDUSTRIAL USES
The applicant, ACI Sunbow, LLC, has filed a General Plan amendment application to
allow residential land uses on parcels adjacent to the Otay Landfill that are currently
designated for industrial uses. The Environmental Review Coordinator has determined
that the proposed project requires the preparation of a health risk assessment (HRA), a
Phase I environmental site assessment, a noise analysis, an odor analysis, and a nuisance
dust analysis in order to determine the health risks associated with placing residential
development adjacent to the Otay Landfill operation. Adoption of the resolution
approves an agreement with Environ International Corporation, for an amount not to
exceed $105,500, to provide consultant services for the preparation of the HRA and
Phase I environmental site assessment; and an additional $26,375 for other services,
should they be necessary. (Director of Planning and Building)
Staff recommendation: Council adopt the resolution.
ACTION:
Deputy Mayor Davis moved to approve staff's recommendations and offered the
Consent Calendar, headings read, texts waived. The motion carried 4-0, except
on Items 2B, 2C and 2D, each of which carried 3-0-1, with Councilmember
McCann abstaining on Items 2B and 2C and Councilmember Rindone abstaining
on Item 2D.
Page 8 - Council Minutes
March 22, 2005
ORAL COMMUNICATIONS
Patricia Kasten talked about the increase in traffic noise behind her home, located on Niacon
A venue, behind Interstate 805. She stated that the noise, due to the construction of new
developments in the area, is affecting the residents and offering them little privacy. She
requested that a sound wall be constructed to alleviate the traffic noise. Deputy Mayor Davis
requested that staff provide the Council with a report on the matter.
PUBLIC HEARINGS
14. CONSIDERATION OF ACCEPTANCE OF $98,679 FROM THE 2005 EDWARD
BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT
The Police Department has recently received notice of an Edward Byrne Memorial
Justice Assistance Grant (JAG) award in the amount of $98,679 from the Bureau of
Justice Assistance (BJA). These funds were allocated to the Police Department based on
population and Part I violent crime statistics. Part I violent crimes include murder and
non-negligent manslaughters, forcible rape, robbery and aggravated assaults as reported
by the FBI. Acceptance and appropriation of these funds requires a public hearing per
stipulations of the Justice Assistance Grant. (Chief of Police)
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.
Deputy Mayor Davis opened the public hearing.
Police Chief Emerson explained that the grant funding would be allocated to outreach,
neighborhood watch programs, automated fingerprinting identification software, and upgrades to
the photo-lab portion of the crime lab.
With no members of the public wishing to speak, Deputy Mayor Davis closed the public hearing.
ACTION:
Councilmember McCann offered Resolution No. 2005-098, heading read, text
waived:
RESOLUTION NO. 2005-098, RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $98,679
FROM THE 2005 EDWARD BYRNE MEMORIAL JUSTICE
ASSISTANCE GRANT, AMENDING THE FY 2004/2005 POLICE
DEPARTMENT SUPPLIES AND SERVICES AND CAPITAL
BUDGETS, AND APPROPRIATING FUNDS THEREFOR
The motion carried 4-0.
Page 9 - Council Minutes
March 22, 2005
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PUBLIC HEARINGS (Continued)
15. CONSIDERATION OF ANNEXATION OF TERRITORY TO COMMUNITY
FACILITIES DISTRICT NO. 97-2 (PRESERVE MAINTENANCE DISTRICT)
On February I, 2005, the Council initiated the Community Facilities District No. 97-2
(Preserve Maintenance District) (CFD No. 97-2) annexation proceedings. Adoption of the
resolutions is the next step in the formal proceedings to annex the territory within Village
12 (McMillin Freeway Commercial) into Improvement Area A of CFD No. 97-2.
Improvement Area A funds the costs of the resource monitoring program, as well as
preserve operations and maintenance. The City has retained the services of
MuniFinancial as special tax consultant and Best Best and Krieger LLP as legal counsel
to provide assistance during the proceedings. (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.
Deputy Mayor Davis opened the public hearing. With no members of the public wishing to
speak, Deputy Mayor Davis closed the public hearing.
ACTION:
Deputy Mayor Davis offered Resolution No. 2005-099, heading read text waived:
RESOLUTION NO. 2005-099, RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CHULA VISTA ACTING AS THE
LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO.
97-2 (PRESERVE MAINTENANCE DISTRICT), MAKING CERTAIN
DETERMINATIONS AND AUTHORIZING SUBMITTAL OF LEVY
OF SPECIAL TAXES TO THE QUALIFIED ELECTORS OF CERTAIN
TERRITORY PROPOSED TO BE ANNEXED TO SUCH
COMMUNITY FACILITIES DISTRICT
The motion carried 4-0.
Deputy Mayor Davis requested that the City Clerk announce the results of the special election.
Assistant City Clerk Norris reported that the City Clerk received 90 votes in favor and no votes
in opposition.
ACTION:
Councilmember Rindone offered Resolution No. 2005-100, heading read, text
waived:
RESOLUTION NO. 2005-100, RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CHULA VISTA ACTING AS THE
LEGIS LA TIVE BODY OF COMMUNITY FACILITIES DISTRICT NO.
97-2 (PRESERVE MAINTENANCE DISTRICT), DECLARING THE
RESULTS OF A SPECIAL ELECTION IN THAT AREA
DESIGNATED AS COMMUNITY FACILITIES DISTRICT NO. 97-2
(PRESERVE MAINTENANCE DISTRICT), IMPROVEMENT AREA
A, ANNEXATION NO.4, AND ADDING SUCH TERRITORY TO
SUCH IMPROVEMENT AREA
The motion carried 4-0.
Page 10 - Council Minutes
March 22, 2005
PUBLIC HEARINGS (Continued)
16. CONSIDERATION OF THE FORMATION OF ASSESSMENT DISTRICT 2004-1
(DIXON DRIVE)
Residential properties along Dixon Drive, between Naples Street and Oxford Street, are
currently without curbs, gutters, or sidewalks. Twenty-eight of the thirty-eight property
owners have signed a petition requesting that special assessment district proceedings be
commenced for the purpose of financing the construction of these improvements. Staff
has completed preliminary design and cost estimates for this project. On January 25,
2005, the Council approved the proposed boundary map and preliminary assessment
Engineer's report, set a public hearing and ordered the initiation of ballot proceedings.
(Director of General 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.
Deputy Mayor Davis opened the public hearing.
With no members of the public wishing to speak, Deputy Mayor Davis closed the public hearing.
Councilmember Rindone commented that the City would fund approximately 80 percent of the
improvement costs.
Assistant City Clerk Norris reported the results of the assessment ballot tabulation, stating that of
the 26 envelopes received by the City Clerk, one envelope contained no ballot, two envelopes
contained blank ballots, and one ballot was unclear as to whether the person voted yes or no. Of
the remaining 22 ballots, 20 persons voted in favor, with a total valuation of $100,260, and two
persons voted no, with a total valuation of $11 ,560.
ACTION:
Councilmember McCann offered Resolution No. 2005-101, heading read, text
waived:
RESOLUTION NO. 2005-101, RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CHULA VISTA DECLARING THE
RESULTS OF THE ASSESSMENT BALLOT TABULATION FOR
ASSESSMENT DISTRICT 2004-1 (DIXON DRIVE), MAKING
FINDINGS PURSUANT TO THE IMPROVEMENT ACT OF 1913
AND ARTICLE xmD OF THE CONSTITUTION OF THE STATE OF
CALIFORNIA, AND ORDERING THE CONSTRUCTION OF
IMPROVEMENTS
The motion carried 4-0.
Page 11 - Council Minutes
March 22, 2005
PUBLIC HEARINGS (Continued)
17. 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-04-16; 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 of land 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.
Associate Planner Steichen presented the Eastlake Business Center SPA amendment.
Councilmember McCann asked why staff would oppose permitting a paint and wallpaper land
use within the proposed project. Associate Planner Steichen replied that staff does not believe
that paint and wallpaper stores fall into the category of a warehouse and distribution showroom.
Councilmember Castaneda talked about the proposed project's lack of visibility from the street
and expressed concern about the sign limitations recommended by staff. He believed that
companies operating within the business center should be afforded the necessary exposure to run
successful businesses. Planning and Building Director Sandoval responded that the intent of the
sign limitation is to avoid the proliferation of signs in the business center.
Deputy Mayor Davis opened the public hearing.
Michael V ogt, developer for the proposed design district, stated that the project would provide
for the needs of local residents and would be the only showroom design district south of
Interstate 8. Additionally, the new businesses would provide economic and employment benefits
to the community. He asked the Council to approve the project as proposed by the developer.
Councilmember Castaneda stated that sidewalk sales by businesses within the proposed design
district should be limited, and the limits should be included in the project agreement.
Deputy Mayor Davis stated that the square footage allocation for paint and wallpaper stores
should not be limited.
ACTION:
Councilmember Rindone moved to (I) approve the Planning Commission's
recommendations as shown in Exhibit B-2 of the ordinance; (2) place the
ordinance on first reading, heading read, text waived, as amended to omit the
square footage restrictions for display areas for paint and wallpaper stores; (3)
approve the Planning Commission's recommendations as shown in Exhibit B-2 of
Resolution No. 2005-102; and (4) adopt Resolution No. 2005-102, heading read,
text waived:
Page 12 - Council Minutes
March 22, 2005
PUBLIC HEARINGS (Continued)
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING AMENDMENTS TO THE EASTLAKE
BUSINESS CENTER II SUPPLEMENTAL SECTIONAL PLANNING
AREA (SPA) PLANNED COMMUNITY DISTRICT REGULATIONS
AND LAND USE DISTRICT MAP, TO DEFINE PERMITTED LAND
USES WITHIN A 36-ACRE, NEWLY CREATED DESIGN DISTRICT
OVERLAY LOCATED AT THE INTERSECTION OF OTAY LAKES
ROAD AND FENTON A VENUE/SHOWROOM PLACE WITHIN THE
EASTLAKE BUSINESS CENTER (FIRST READING)
RESOLUTION NO. 2005-102, RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CHULA VISTA APPROVING
AMENDMENTS TO THE EASTLAKE BUSINESS CENTER II
SUPPLEMENTAL SECTIONAL PLANNING AREA (SPA)
The motion carried 4-0.
OTHER BUSINESS
18. CITY MANAGER'S REPORTS
There were none.
19. MAYOR'S REPORTS
There were none.
20. COUNCIL COMMENTS
Deputy Mayor Davis stated that she and Councilmember McCann attended the recent law
enforcement police reserve and mounted officer dinner, and she expressed her appreciation for
the service that the officers provide to the City.
Councilmember McCann thanked Deputy Mayor Davis for presiding over the law enforcement
police reserve and mounted officer dinner, and he thanked the police reserves and mounted
officers for their service.
Councilmember Rindone invited the Council to attend the upcoming grand opening of the San
Diego State Trolley extension on July 8, 2005, at 4:00 p.m.
Councilmember Rindone explained why he registered a "no" vote on the recent SANDAG 2030
RTP Plan revision, stating that the preferred alternative addressing freeway widening did not
include a provision for the widening of freeway lanes between H Street and L Street, which he
felt would result in creating bottlenecks and be a disservice to the community.
ADJOURNMENT
At 8:13 p.m., Deputy Mayor Davis adjourned the meeting to an Adjourned Regular Meeting on
March 29, 2005 at 6:00 p.m., and thence to the Regular Meeting of AprilS, 2005, at 4:00 p.m. in
the Council Chambers.
J~A~
Donna Norris, CMC, Assistant City Clerk
Page 13 - Council Minutes
March 22, 2005