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HomeMy WebLinkAboutcc min 2005/04/05 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA April 5,2005 4:00 P.M. A Regular Meeting of the City Council of the City of Chula Vista was called to order at 4:09 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 (Councilmember McCann arrived at 4:15 p.m., and Councilmember Rindone arrived at 4:22 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 THE EMPLOYEE OF THE MONTH, ROBERT CONRAD, COLD CASE FILE INVESTIGATOR Mayor Padilla read the proclamation, and Deputy Mayor Davis presented it to Robert Conrad. Police Chief Emerson stated that Mr. Conrad has sent three high-profile cases to the District Attorney's Office by using his creativity, diligence and careful analysis to solve crimes. . PRESENTATION BY LIZ PURSELL, DIRECTOR OF COMMUNICATIONS, OF THE DEPARTMENT'S STRATEGIC BUSINESS PLAN Communications Director Pursell introduced the Communications Department staff and made a video presentation illustrating key points of the department's strategic business plan and vision for the future. CONSENT CALENDAR (Items 1 through 10) , Councilmember McCann stated that he would abstain from voting on Items 3, 4, and 9 due to a potential conflict of interest with regard to property he owns in the vicinity of the projects. With reference to Item 8, Councilmember Rindone stated that the Connect Crew program at Hilltop High School has been effective in preventing bullying, and he suggested that staff investigate aspects of the program that could be implemented at the elementary school level. Page 1 - Council Minutes April 5, 2005 CONSENT CALENDAR (Continued) 1. APPROVAL OF MINUTES of the Adjourned Regular Meeting of February 24 and the Regular Meetings of March 1 and March 8, 2005. Staff recommendation: Council approve the minutes. 2. ORDINANCE NO. 2999, 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 OTA Y LAKES ROAD AND FENTON A VENUE/SHOWROOM PLACE WITHIN THE EASTLAKE BUSINESS CENTER (SECOND READING The EastLake Company, LLC submitted an application to 1) amend the land use district map in order to add a design district overlay over a 36-acre portion of land with a BC-I 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. This ordinance was introduced on March 22, 2005. (Director of Planning and Building) Staff recommendation: Council adopt the ordinance. 3. RESOLUTION NO. 2005-105, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING A CONTRACT FOR THE UPGRADE OF PEDESTRIAN INDICATIONS WITH LIGHT EMITTING DIODE (LED) COUNTDOWN CITYWIDE (PROJECT TF-323) TO REPUBLIC ELECTRIC, AND APPROPRIATING TRAFFIC SIGNAL FUNDS The upgrade of pedestrian indication (countdown) was approved and budgeted as part of the fiscal year 2004/2005 capital improvement program. The scope of the project includes the installation of pedestrian countdown LED signal modules and push buttons as a retrofit replacement of existing pedestrian indications and push buttons at 12 signalized intersections in the City. Adoption of the resolution awards the contract in the amount of $42,776 and appropriates $15,000 from the traffic signal fund in order to complete the project. (Director of General Services, City Engineer) Staff recommendation: Council adopt the resolution. 4. RESOLUTION NO. 2005-106, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE SUBMITTAL OF SIX GRANT APPLICATIONS TO SAN DIEGO ASSOCIATION OF GOVERNMENTS (SANDAG) FOR FISCAL YEAR 2005/2006 TRANSPORTATION DEVELOPMENT ACT (TDA) AND TRANSNET FUNDING FOR BICYCLE AND PEDESTRIAN CAPITAL IMPROVEMENTS The Transportation Development Act and the TransNet Program provide funding support for regional bicycle and pedestrian capital improvement projects. SANDAG will allocate those project funds to cities in the San Diego region based upon funding availability and project ranking. Staff has prepared funding applications for six projects. (Director of General Services, City Engineer) Staff recommendation: Council adopt the resolution. Page 2 - Council Minutes AprilS, 2005 CONSENT CALENDAR (Continued) 5. RESOLUTION NO. 2005-107, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE COLLECTION OF ASSESSMENTS ON THE COUNTY TAX ROLL FOR THE CONSTRUCTION OF CERTAIN PUBLIC IMPROVEMENTS IN ASSESSMENT DISTRICT 2002-1 (QUINTARD STREET) On July 22, 2003, pursuant to Chapter 27 of the Improvement Act of 1911 and Article XIIID of the Constitution of the State of California, the Council awarded a construction contract for the construction of sidewalk improvements on Quintard Street between Third Avenue and Orange Avenue. The Council accepted the filing of the Engineer's report on the cost of construction, approved the deferral of the payment of assessments and the rate of interest payable on the unpaid balance of the assessments, and ordered the recordation of a Notice of Lien for the Quintard Street Assessment District. Adoption of the resolution authorizes the collection of the assessments. (Director of General Services) Staff recommendation: Council adopt the resolution. 6. RESOLUTION NO. 2005-108, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE AGREEMENT BETWEEN THE CITY AND THE YMCA OF SAN DIEGO COUNTY SOUTH BAY BRANCH FOR THE PROVISION OF AFTER-SCHOOL PROGRAM HOURS AT HILLTOP, CHULA VISTA, RANCHO DEL REY AND CASTLE PARK MIDDLE SCHOOLS, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT The Recreation Department budget includes funding to contract with the YMCA of San Diego County - South Bay Branch for the provision of after-school services at four middle school sites during non-school hours. The City has contracted with the YMCA for these services on an annual basis since 1993, when the Council initially approved funding for the newly established Youth Action Program. (Director of Recreation) Staff recommendation: Council adopt the resolution. 7 A. RESOLUTION NO. 2005-109, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FIRST AMENDMENT TO THE DESIGN BUILD AGREEMENT WITH SYSTEMS INTEGRATED FOR THE CONSTRUCTION OF THE SUPERVISORY CONTROL AND DATA ACQUISITION (SCADA) SYSTEM, AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT B. RESOLUTION NO. 2005-110, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE AGREEMENT WITH PALOMAR COMMUNICATIONS, INC. FOR THE INSTALLATION OF AN ANTENNA AT OTAY MOUNTAIN, AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT Systems Integrated is requesting that the completion date be extended by 90 working days for the construction of a Supervisory Control And Data Acquisition (SCADA) system, used for controlling and monitoring sewage collection and pump stations throughout the City. The increase in contract time will not impact the contract guaranteed maximum price of $527,750. In addition, to obtain better communication and reliability for the SCADA system, an antenna needs to be installed on Otay Mountain. (Public Works Operations) Staff recommendation: Council adopt the resolutions. Page 3 - Council Minutes AprilS, 2005 CONSENT CALENDAR (Continued) 8. RESOLUTION NO. 2005-111, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $18,000 FROM THE CHULA VISTA ELEMENTARY SCHOOL DISTRICT AND APPROPRIATING SAID FUNDS TO THE FISCAL YEAR 2004/2005 SUPPLIES AND SERVICES BUDGET OF THE POLICE DEPARTMENT TO CONDUCT A PROGRAM EVALUATION ON THE BULLYING PREVENTION PROGRAM The Police Department has received additional funding from the Chula Vista Elementary School District to support the Bullying Prevention Program funded by the School Community Policing Partnership (SCPP) grant. As stipulated in the grant project narrative, a program evaluation will be conducted on the program to create best practices in the area of bullying prevention. The Chula Vista Elementary School District has recently assigned this task to the Police Department. The Police Department will contract with two bullying prevention experts to conduct this evaluation. (Chief of Police) Staff recommendation: Council adopt the resolution. 9. RESOLUTION NO. 2005-112, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA MAKING PRELIMINARY DETERMINATIONS AND DECLARING INTENTION TO ISSUE BONDS TO REFUND THE OUTSTANDING BONDS ISSUED FOR CERTAIN EXISTING ASSESSMENT DISTRICTS AND COMMUNITY FACILITIES DISTRICTS AND ORDERING A REPORT THEREON The City currently has six assessment districts and ten community facilities districts with outstanding debt. A preliminary review performed by a municipal banking firm, Stone & Youngberg, indicates that under the current low interest rate environment, the outstanding debt of two assessment districts and seven community facilities districts may be refinanced in order to achieve significant savings to the property owners on their annual assessments. (Director of Finance) Staff recommendation: Council adopt the resolution. 10. RESOLUTION NO. 2005-113, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING $50,000 FOR PARTICIPATING AT THE CALIFORNIA PUBLIC UTILITIES COMMISSION FOR PHASE II DEVELOPMENT OF COMMUNITY CHOICE AGGREGATION AND THE OTAY MESA TRANSMISSION PROJECT FROM THE AVAILABLE FUND BALANCE OF THE GENERAL FUND TO THE CONSERVATION AND ENVIRONMENTAL SERVICES DEPARTMENT THEREFOR Adoption of the resolution allows staff and outside counsel to continue to participate in workshops and proceedings at the California Public Utilities Commission to support the Phase II development of Community Choice Aggregation and the City's interest in the Otay Mesa Power Purchase Agreement Transmission Project, as outlined in the Memorandum of Understanding with SDG&E. (Director of Conservation and Environmental Services) Staff recommendation: Council adopt the resolution. Page 4 - Council Minutes April 5, 2005 CONSENT CALENDAR (Continued) ACTION: Mayor Padilla moved to approve staffs recommendations and offered the Consent Calendar, headings read, texts waived. The motion carried 5-0, except on Items 3, 4, and 9, which carried 4-0-1, with Councilmember McCann abstaining due to a potential conflict of interest with regard to property he owns in the vicinity of the projects. ORAL COMMUNICATIONS Laura Hunter, representing the Environmental Health Coalition (EHC), provided an update on a survey of public fishing piers located closest to the most contaminated areas in San Diego Bay and the health risks associated with the consumption of fish from those areas. Ms. Hunter also discussed the status of border fence legislation at the state level and encouraged the Council to weigh in on the issue, since border communities should be afforded the opportunity to debate on the matter. PUBLIC HEARINGS 11. CONSIDERATION OF THE PROPOSED ASSESSMENT OF CERTAIN DELINQUENT SOLID WASTE SERVICE CHARGES AS RECORDED LIENS UPON THE RESPECTIVE PARCELS OF LAND AND PLACEMENT OF DELINQUENT CHARGES ON THE NEXT REGULAR TAX BILL FOR COLLECTION Adoption of the resolution enhances the collection process for delinquent solid waste service charges by reducing the amount of uncollectible losses and ensures that payment will be received on a timelier basis. This is the identical process approved by the Council on a regular basis since 2001. (Director of Finance) 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. Assistant Director of Finance Davis stated that of the reported 568 delinquent accounts, valued at $75,500, 175 accounts have been cleared; and he recommended that the remaining 393 delinquent accounts, valued at $56,300, be forward to the County to be placed on the next regular tax bill for collection. With no members of the public wishing to speak, Mayor Padilla closed the public hearing. ACTION: Councilmember McCann moved to adopt Resolution No. 2005-114, heading read, text waived: RESOLUTION NO. 2005-114, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ASSESSING DELINQUENT SOLID WASTE SERVICE CHARGES AS RECORDED LIENS UPON THE RESPECTIVE OWNER-OCCUPIED PARCELS OF LAND AND APPROVING PLACEMENT OF DELINQUENT CHARGES ON THE NEXT REGULAR TAX BILL The motion carried 5-0. Page 5 - Council Minutes April 5, 2005 PUBLIC HEARINGS (Continued) 12. CONSIDERATION OF APPROVAL OF A CONDITIONAL USE PERMIT TO CONDUCT A FARMERS' MARKET ON THE CAMPUS OF SOUTHWESTERN COLLEGE The applicant, Mr. David Larson, is requesting to conduct a weekly Certified Farmers' Market at Southwestern College, 900 Otay Lakes Road, to be held every Saturday morning in Lot "0" of the college. The market will consist of approximately 45 vendors, 25 of whom will be certified agricultural producers. (Director of Planning and Building) Notice of the hearing was given in accordance with legal requirements. Planning and Building Director Sandoval requested that the public hearing be continued to the meeting of April 19, 2005. ACTION: Mayor Padilla moved to continue the item to April 19, 2005. Deputy Mayor Davis seconded the motion, and it carried 5-0. Item 14 was considered at this time, prior to Item 13. 13. CONSIDERATION OF A REVISED TENTATIVE SUBDIVISION MAP FOR A PORTION OF OTAY RANCH VILLAGE SEVEN SECTIONAL PLANNING AREA PLAN LOCATED AT THE SOUTHEAST CORNER OF BIRCH ROAD AND LA MEDIA ROAD - OT A Y PROJECT, L.P. (PCS-OS-09A) Adoption of the resolution approves an amendment to tentative subdivision map (PCS- OS-09A) for a portion of Otay Ranch Village Seven Sectional Planning Area. (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. Councilmember Castaneda stated that he would abstain from discussion and voting on Item 13 out of an abundance caution due to a potential conflict of interest. He then left the dais. Mayor Padilla opened the public hearing. Associate Planner Phelps presented the revised tentative subdivision map. With no members of the public wishing to speak, Mayor Padilla closed the public hearing. ACTION: Councilmember McCann moved to adopt Resolution No. 2005-115, heading read, text waived: RESOLUTION NO. 2005-115, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A TENTATIVE SUBDIVISION MAP FOR A PORTION OF THE OTAY RANCH, VILLAGE SEVEN SECTIONAL PLANNING AREA (SPA) PLAN- OTA Y PROJECT L.P., CHULA VISTA TRACT OS-09A The motion carried 3-0-1, with Deputy Mayor Davis absent and Councilmember Castaneda abstaining out of an abundance caution due to a potential conflict of interest. Page 6 - Council Minutes April 5,2005 PUBLIC HEARINGS (Continued) 14. REVIEW OF THE CITY OF CHULA VISTA COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM, THE HOME INVESTMENT PARTNERSHIP PROGRAM, THE EMERGENCY SHELTER GRANT PROGRAM (ESG), AND THE AMERICAN DREAM DOWNPAYMENT PROGRAM, AND ESTABLISHMENT OF THE SPENDING PLAN FOR THE 2005-2006 CONSOLIDATED ANNUAL ACTION PLAN Applications for funding were received from local organizations and City departments in January of this year. The public service applicants were invited to present their formal requests to the Council on March 29, 2005. Staff has prepared funding level recommendations for each of the projects or programs. (Director of Community Development) 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. Community Development Specialist Davis presented the various funding recommendations. At 6:08 p.m., Deputy Mayor Davis left the meeting. ACTION: Councilmember Rindone moved to direct staff to return with the CDBG funding requests, taking into consideration the following recommendations: I) 2) 3) 4) Tab 5 - Allocate $2,500 for a one-year trial period to Chula Vista Firefighters Foundation, Random Acts of Kindness; Tab 16 - Allocate full amount of $25,000 to Family Health Centers of San Diego, KidCare Express Mobile Medical Unit III; Tab 21 - Allocate $5,000 for a one-year trial period to Sweetwater Education Foundation, Compact for Success. Tab 26 - Allocate full amount of$I2,70S to Meals-on-Wheels, South Bay Senior Collaborative; City Manager Rowlands suggested that staff return with a recommendation to reduce the City ofChula Vista-Recreation, Therapeutic Services from $35,000 to $7,795, seek other funding sources for the program and use $27,205 to re-allocate to the CDBG program. With regard to Tabs 27 (City of Chula Vista-Planning & Bldg., Community Preservation Program) and 28 (City of Chula Vista-Planning & Building, Housing Inspection Program), the Council requested a report from staff on how the funding would be utilized. Additionally, City Manager Rowlands stated that funding for the two programs could be absorbed into the General Fund on a gradual basis, which would free-up funding for other community-based projects in the future. Page 7 - Council Minutes April 5, 2005 PUBLIC HEARINGS (Continued) Councilmember Rindone spoke about the possibility that the Legislature will eliminate the entire CDBG program, and he asked staff to come back with suggestions on measures the Council could take to address the issue. Regarding Tab 29 (Chula Vista National Little League, Youth Baseball Field, Phase II), Councilmember McCann asked staff to seek ways to fund the program in the future and to work with the applicant and Recreation Director Martin to find future funding. Councilmember McCann seconded the motion and it carried 4-1, with Deputy Mayor Davis absent. OTHER BUSINESS 15. CITY MANAGER'S REPORTS There were none. 16. MAYOR'S REPORTS . Consideration of a request rrom Southwestern College for support and assistance in the 2005 National Youth Sports Program. ACTION: Mayor Padilla moved to refer the request to the City Manager's Office. Councilmember Rindone seconded the motion, and it carried 4-0, with Deputy Mayor Davis absent. 17. COUNCIL COMMENTS Councilmember Rindone spoke about the first University Task Force Blue Ribbon Committee meeting and expressed excitement about the project, which will raise the quality of life for the youth in the community by advancing their educational opportunities. Councilmember Castaneda described some of the activities he observed during a recent ride-a- long with the Police Department's "Tough on Crime" unit. He expressed the need for additional methods to assist law enforcement, such as by enacting legislative ordinances to prohibit further check-cashing establishments, limit alcohol licenses, and enforce curfews. He also stated that overtime Police Officers should be placed on permanent status. He congratulated the Council, City Manager Rowlands, and Police Chief Emerson for tackling the various problems head-on. Councilmember Castaneda spoke regarding e-mails he has received from constituents regarding the Espanada Project, stating that there appears to be a misunderstanding or misconception regarding the project's disposition and development agreement (DDA). He explained that the DDA is merely a review of the business deal between the City and the developer and does not concern project design. Considerations with respect to building design and environmental matters would be discussed at a later time in open meetings with the public. Page 8 - Council Minutes April 5,2005 COUNCIL COMMENTS (Continued) Councilmember McCann also spoke regarding the University Task Force Blue Ribbon Committee meeting, and he thanked Councilmember Rindone for laying the foundation and bringing the project forward. He encouraged members of the community to attend future meetings. Councilmember McCann spoke about his recent attendance at the Chula Vista American Little League opening day event, stating that youth sports provides the opportunity for children to learn sportsmanship, teamwork, and community pride. With respect to the General Plan Update, Councilmember McCann requested that staff facilitate additional meetings among the various community groups, which actually have many common goals for the community. CLOSED SESSION Closed Session was cancelled, and the following items were not discussed: 18. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION S49S6.9(a) A. Wert v. City ofChula Vista [USDC Case No. 03 CVlIS6J (BLM)] B. Sanchez v. City ofChula Vista [USDC Case No. 04 CV 0084 (DMS)] 19. CONFERENCE WITH LEGAL COUNSEL REGARDING INITIATION OF LITIGATION PURSUANT TO GOVERNMENT CODE SECTION S49S6.9(c) . One Case ADJOURNMENT At 6:28 p.m., Mayor Padilla adjourned the meeting to the Adjourned Regular Meeting of April 12, 2005, at 5:00 p.m. in the Conference Rooms 2 and 3 of the Public Services Building and thence to the Regular Meeting of April 12, 2005, at 6:00 p.m. in the Council Chambers. ~-w~';y~ Susan Bigelow, MMC, Citj'Clerk Page 9 - Council Minutes April 5, 2005