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HomeMy WebLinkAboutcc min 2005/04/26 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA April 26, 2005 6:00 P.M. A Regular Meeting of the City Council of the City of Chula Vista was called to order at 6:08 p.m. in the Council Chambers, located in the Public Services Building, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Councilmembers: Castaneda, Davis, Rindone, and Mayor Padilla ABSENT: Councilmembers: McCann (excused) ALSO PRESENT: City Manager Rowlands, City Attorney Moore, and Assistant City Clerk Norris PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY · OATHS OF OFFICE: Dr. Robert Christopher Searles, Parks and Recreation Commission William Tripp, Planning Commission Deputy City Clerk Bennett administered oaths to Commissioners Searles and Tripp, and Deputy Mayor Davis presented them each with a certificate of appointment. · PRESENTATION OF A PROCLAMATION BY MAYOR PADILLA TO GEORGE KREMPL UPON HIS RETIREMENT FROM THE CITY OF CHULA VISTA AFTER 21 YEARS OF SERVICE Mayor Padilla read the proclamation, and Deputy Mayor Davis presented it to George Krempl. Mr. Krempl acknowledged the City's "first-class" staff and spoke of the shared vision and stability of past and present elected officials who have empowered staff to implement policies. The City Council and City Manager Rowlands expressed their thanks, appreciation, and best wishes to Mr. Krempl upon his retirement. · PRESENTATION BY MAYOR PADILLA TO EXECUTIVE SECRETARY, DONNA TOLEDO, OF A PROCLAMATION DECLARING THE WEEK OF APRIL 24 THROUGH APRIL 30, 2005 AS ADMINISTRATIVE PROFESSIONALS WEEK IN THE CITY OF CHULA VISTA Mayor Padilla read the proclamation, and Deputy Mayor Davis presented it to Executive Secretary Donna Toledo, who accepted it on behalf of all the City's Administrative Professionals. Page] - Council Minutes April 26, 2005 CONSENT CALENDAR (Items 1 through 7) Regarding Item 6, Councilmember Castaneda asked if traffic improvement impact fees could also be utilized for road improvements at certain intersections within western Chula Vista. City Engineer Al-Agha responded affirmatively, stating that the capital improvement projects would be forthcoming to Council during the budget process. I. WRITTEN COMMUNICATIONS A. Letter of resignation ITom Arthur Triplette, Jr., member of the Civil Service Commission. Staff recommendation: Council accept the resignation and direct the City Clerk to post the vacancy in accordance with Maddy Act requirements. B. Request ITom Councilmember McCann for an excused absence from the April 19, 2005 Council meeting due to family medical reasons; and ITom the meeting of April 26, 2005, due to active military duty. Staff recommendation: Council excuse the absences. 2. ORDINANCE NO. 3000, ORDINANCE OF THE CITY COUNCIL OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTION 2.05.010 RELATING TO THE ESTABLISHMENT OF UNCLASSIFIED POSITIONS TO ADD THE POSITION OF DEPUTY DIRECTOR OF GENERAL SERVICES (SECOND READING With the adoption of the General Services Department's Strategic Plan and the development of the Police Department's Strategic Plan, a munber of functions have been identified for reorganization within the City's organizational structure. These changes reflect the practical, operational and long-term issues facing the City in a variety of areas and should enable the affected departments to provide services to the public in a more efficient manner. (City Engineer) Staff recommendation: Council adopt the ordinance. 3. RESOLUTION NO. 2005-134, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA TRANSFERRING UNCLAIMED MONIES IN THE AMOUNT OF $78,673 FROM THE CASH BOND DEPOSIT FUND TO THE GENERAL FUND Currently, the City has unclaimed monies in the amount of $78,673 in the cash bond deposit fund. This money was deposited by the Police Department in accordance with Article 3, Section 50050 of the Government Code. According to Government Code provisions, money that remains unclaimed for three years may become the property of the City after certain advertising requirements are met. This money is now eligible for transfer to the General Fund. (Chief of Police) Staff recommendation: Council adopt the resolution. Page 2 - Council Minutes April 26, 2005 CONSENT CALENDAR (Continued) 4. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DECREASING THE SPEED LIMIT ON MOSS STREET BETWEEN INDUSTRIAL BOULEVARD AND BROADWAY FROM 35 MILES PER HOUR TO 30 MILES PER HOUR (FIRST READING) Based on the provisions of Division ll-Chapter 7-Article 1 (Sections 22348 thru 22366) and Division 17-Chapter 3-Article 1 (Sections 40800 thru 40808) of the California Vehicle Code (CVC), and pursuant to authority under Chula Vista Municipal Code Section 10.48.020, titled "Established Speed Limits In Certain Zones", the City Engineer has determined that, in the interest of minimizing traffic hazards and for the promotion of public safety, the speed limit on Moss Street between Industrial Boulevard and Broadway be reduced ITom 35 mph to 30 mph. This speed limit will be amended in Schedule X of the register maintained in the Office ofthe City Engineer. (City Engineer) Staff recommendation: Council place the ordinance on first reading. 5. RESOLUTION NO. 2005-135, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2005 LIBRARY DEPARTMENT BUDGET BY APPROPRIATING A ONE-TIME UNANTICIPATED GRANT REVENUE IN THE AMOUNT OF $4,500 FOR THE EVEN START FAMILY LITERACY GRANT The California State Department of Education has advised the Chula Vista Literacy Team that the fiscal year 2005 Even Start Family Literacy grant has been augmented by $4,500 to cover expenses incurred for the purchase of children's books and materials for Even Start parents to use at home. The Library partners with the Chula Vista Elementary School District, which is the primary agency providing Even Start family literacy services. The Library intends to pass $4,500 in grant augmentation funds through to the District to pay for the purchases. (Assistant City Manager Palmer) Staff recommendation: Council adopt the resolution. 6. RESOLUTION NO. 2005-136, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING A CONTRACT FOR THE EMERGENCY VEHICLE PRE-EMPTION INSTALLATION PROGRAM- CITYWIDE (TF-31O) PROJECT TO HMS CONSTRUCTION, INC. The Emergency Vehicle Pre-emption Installation Program was approved and budgeted as part of the fiscal year 2004/2005 capital improvement programs. The scope of the project includes the installation of Emergency Vehicle Pre-emption Equipment and minor traffic signal modifications/repairs at 17 signalized intersections in the City. Adoption of the resolution awards the contract to HMS Construction, Inc. in the amount of $204,959. (City Engineer) Staff recommendation: Council adopt the resolution. 7. RESOLUTION NO. 2005-137, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A FOUR-PARTY AGREEMENT BETWEEN THE CITY OF CHULA VISTA, DUDEK AND ASSOCIATES (CONSULTANT), K. HOVNANIAN AT BELLA LAGO, LLC, AND BELLA LAGO, LLC (APPLICANT), FOR BIOLOGICAL MITIGATION MONITORING AND ENVIRONMENTAL SERVICES TO BE RENDERED FOR THE BELLA LAGO TENTATIVE TRACT MAP AND PRECISE PLAN FINAL ENVIRONMENTAL IMPACT REPORT, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT Page 3 - Council Minutes April 26, 2005 CONSENT CALENDAR (Continued) In compliance with state law, a Mitigation Monitoring and Reporting Program (MMRP) was adopted by the City Council for the Bella Lago tentative tract map and precise plan. Adoption of the resolution approves the proposed contract with Dudek, for a total of $46,585, to provide consulting services as the Environmental Monitor Specialist (biological) for the Bella Lago Final Environmental Impact Report for a period of five years. Dudek will have contracts with a combined total exceeding $50,000 within the upcoming 12 months; therefore, Council approval is necessary. (Director of Planning and Building) Staff recommendation: Council adopt the resolution. ACTION: Mayor Padilla moved to approve staffs recommendations and offered the Consent Calendar, headings read, texts waived. The motion carried 4-0. ORAL COMMUNICATIONS Lupita Jiminez urged the Council to seek qualified women when reviewing the City's Board/Commission/Committee applications and to keep in mind the need for careful and equitable consideration to provide a balanced membership. PUBLIC HEARINGS 8. CONSIDERATION OF AN INCREASE TO THE SEWERAGE CAPACITY CHARGE AND THE MODIFICATION OF THE MASTER FEE SCHEDULE The City of San Diego, as part of the Metropolitan Wastewater District ("Metro"), provides sewage treatment services to 14 participating agencies that do not own and operate a sewage treatment facility. The City of Chula Vista, along with the other participating agencies, sends sewage generated to San Diego's Point Lorna Wastewater Treatment Plant for treatment. In 1985, ChuIa Vista established the sewerage capacity charge to fund the planning, design and construction of wastewater collection or treatment facilities needed to facilitate the development of the City. It was also intended to fund either the construction of treatment facilities or the purchase of additional treatment capacity rights in the Metro sewer system. Since then, the City has made several adjustments to the sewerage capacity charge; however, another increase is needed to ensure that there is adequate revenue necessary to fund the acquisition of additional sewage treatment capacity rights. Therefore, it is recommended that the current sewer capacity charge be increased from $3,000 to $3,478 to ensure that there is adequate capacity in the system. (City Engineer) ACTION: Mayor Padilla moved to continue the hearing to May 10, 2005. Deputy Mayor Davis seconded the motion, and it carried 4-0. Page 4 - Council Minutes April 26, 2005 PUBLIC HEARINGS (Continued) 9. CONSIDERATION OF AN URGENCY INTERIM ZONING ORDINANCE PROHIBITING THE PERMITTING OR APPROVAL OF ANY NEW OR EXPANDED FEE-BASED CHECK CASHING AND DEFERRED DEPOSIT USES FOR AN INTERIM PERIOD OF FORTY-FIVE (45) DAYS On February 1, 2005, the Council requested that staff examine the need for an urgency ordinance to prevent further check cashing and deferred deposit establishments in the Chula Vista. Concerns associated with these types of businesses include: the lack of minimum security standards; a decrease in neighboring property values; and the displacement/discouragement of other desirable businesses, including full-service financial institutions. Accordingly, a temporary moratorium on check cashing and deferred deposit business is proposed so that the matter can be thoroughly studied and new regulations brought forth. (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. Assistant Planning Director Lytle gave a report regarding new or expanded fee-based check cashing and deferred deposit uses. Associate Planner Miller presented the highlights of the staff analysis regarding fee-based check cashing and deferred deposit uses. The following members of the public spoke in support of the proposed ordinance: Moria Aceves, representing Supportive Parents and Information Network (SPIN) Patricia Aguilar, representing Crossroads II Bill Oswald, representing Fair Banking Coalition Donald Davis, representing Fair Banking Coalition and the Caring Council of San Diego County Jim Bliesner, representing the City/County Reinvestment Task Force Martina Peinado, representing the students at Southwestern College Maria Orozco, representing Supportive Parents and Information Network (SPIN) There being no further members of the public who wished to speak, Mayor Padilla closed the hearing. Deputy City Attorney Hanson recommended that no action be taken on Item 9B due to adequate language provided in the Urgency Ordinance, Item No. 9A. Deputy Mayor Davis expressed concern that by limiting the number of check cashing and deferred deposit businesses allowed in the City, those establishments may increase their fees. To that end, she recommended that the City propose to the Legislature the need to review the regulations on the types of fees that could be charged by these businesses. Counci1member Rindone supported the recommendation by Deputy Mayor Davis. Page 5 - Council Minutes April 26, 2005 PUBLIC HEARINGS (Continued) Councilmember Castaneda explained that the goal of the proposed ordinance is to prevent a proliferation of such businesses and better safeguard the neighborhoods. ACTION: Councilmember Castaneda moved to adopt Urgency Ordinance No. 3001-A, heading read, text waived: A. URGENCY ORDINANCE NO. 3001-A, URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA PROHIBITING THE PERMITTING OR APPROVAL OF ANY NEW OR EXPANDED FEE-BASED CHECK CASHING AND DEFERRED DEPOSIT USES FOR AN INTERIM PERIOD OF FORTY-FIVE (45) DAYS Councilmember Rindone seconded the motion and it carried 4-0. B. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA PROHIBITING THE PERMITTING OR APPROVAL OF ANY NEW OR EXPANDED FEE-BASED CHECK CASHING AND DEFERRED DESPOSIT USES (FIRST READING) (4/5THS VOTE REQUIRED)\ No action was taken on Item 9B. ACTION ITEMS 10. CONSIDERATION OF APPROVAL OF THE TEMPORARY CLOSURE OF EASTLAKE P ARKW A Y BETWEEN MILLER DRIVE AND RIDGEW A TER DRIVE, FROM JUNE 6, 2005 TO JUNE 20, 2005 San Diego Expressway Limited Partnership, L.P. by California Transportation Ventures, Inc., its General Partner, has requested temporary closure of Eastlake Parkway between Miller Drive and Ridgewater Drive. The temporary road closure is needed in order to construct a temporary on-site detour for the construction of a new bridge over the SR-125 Toll Road. (City Engineer) Brian Freund, representing Otay River Constructors, provided an overview of the construction phases for the project. ACTION: Councilmember Davis offered Resolution No. 2005-138, heading read, text waived: RESOLUTION NO. 2005-138, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING TEMPORARY CLOSURE OF EASTLAKE PARKWAY FROM JUNE 6, 2005 TO JUNE 20, 2005 BETWEEN MILLER DRIVE AND RIDGEW ATER DRIVE, AND AUTHORIZING THE CITY ENGINEER TO ISSUE A TEMPORARY ENCROACHMENT PERMIT TO SAN DIEGO EXPRESSWAY LIMITED PARTNERSHIP, L.P. BY CALIFORNIA TRANSPORTATION VENTURES, INC., ITS GENERAL PARTNER FOR THE CONSTRUCTION OF THE TEMPORARY ON-SITE DETOUR The motion carried 4-0. Page 6 - Council Minutes April 26, 2005 OTHER BUSINESS 11. CITY MANAGER'S REPORTS There were none. 12. MAYOR'S REPORTS A. Ratification of appointment to the Housing Advisory Commission: Steve Zasueta (At large member). ACTION: Mayor Padilla moved to appoint Steve Zasueta to the Housing Advisory Commission. Deputy Mayor Davis seconded the motion, and it carried 4-0. 13. COUNCIL COMMENTS Councilmember Castaneda expressed concern regarding traffic safety at St. John's Episcopal School, located at First Avenue and Kearny Street, and asked for additional traffic enforcement. He also asked staff to look at the possibility of installing crosswalks and making other improvements to increase safety in this area, as well as in other school areas. Councilmember Rindone encouraged the community to attend the annual Cinco de Mayo celebration on May 1,2005, ITom 10:00 a.m. to 5:00 p.m., on Third Avenue in downtown Chula Vista. CLOSED SESSION 14. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE 54957.6 . Agency designated representatives: Sharon Marshall, Marcia Raskin, David D. Rowlands, Jr., Maria Kachadoorian, Ed Van Eenoo No reportable action was taken on this item. . Employee organizations: Police Officers Association, ChuIa Vista Employees Association, International Association of Fire Fighters, Western Council of Engineers No reportable action was taken on this item. ADJOURNMENT At 9:30 p.m., Mayor Padilla adjoumed the meeting to the Regular Meeting of May 10, 2005, at 6:00 p.m. in the Council Chambers, and noted that the Regular:reting of May 3, 20. 05 has been cancelled. .1:' < ../,O~ Donna Norris, CMC Assistant City Clerk Page 7 - Council Minutes April 26, 2005