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HomeMy WebLinkAboutcc min 2005/04/12 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA April 12, 2005 6:00 P.M. A Regular Meeting of the City Council of the City of Chula Vista was called to order at 6:46 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 · PRESENTATION BY MAYOR PADILLA OF A PROCLAMATION TO CHRISTINE SHAW, FIRE DISPATCHER SUPERVISOR, PROCLAIMING THE WEEK OF APRIL 10 THROUGH APRIL 16, 2005, AS NATIONAL PUBLIC SAFETY TELECOMMUNICA TORS APPRECIATION WEEK Mayor Padilla read the proclamation, and Deputy Mayor Davis presented it to Fire Dispatch Supervisor Shaw and staff. · PRESENTATION BY MAYOR PADILLA OF A PROCLAMATION TO PATTI HOLIAN, POLICE DISPATCH SUPERVISOR, PROCLAIMING THE WEEK OF APRIL 10 THROUGH APRIL 16, 2005, AS NATIONAL PUBLIC SAFETY TELECOMMUNICA TORS APPRECIATION WEEK Mayor Padilla read the proclamation, and Deputy Mayor Davis presented it to Police Dispatch Supervisor Holian and staff. . PRESENTATION BY MAYOR PADILLA OF A PROCLAMATION TO IRENE STILLINGS, SAN DIEGO REGIONAL ENERGY OFFICE EXECUTIVE DIRECTOR, PROCLAIMING APRIL 12, 2005, AS CELEBRATION OF ARBOR DAY IN THE CITY OF CHULA VISTA Page 1 - Council Minutes April 12, 2005 SPECIAL ORDERS OF THE DAY (Continued) Mayor Padilla read the proclamation, and Deputy Mayor Davis presented it to Ms. Stillings, who spoke about the shade tree program and the availability of up to five trees per property if the trees would provide shade to a home. Councilmember Rindone asked that the program and telephone number (888.831.8620) be publicized and available on-screen when the meeting is televised. Willie Gaters spoke about the Proposition 12 grant, which will provide trees for planting in public rights-of-way, and stated that the City hopes to plant 2,000 trees this year. He acknowledged staff for supporting the grant application. Also present was Thorn Porter, from the California Department of Forestry Fire Protection Service, who spoke about the $50,000 grant. CONSENT CALENDAR (Items 1 through 4) 1. APPROVAL OF MINUTES of March 22 and March 29, 2005. Staff recommendation: Council approve the minutes. 2. RESOLUTION NO. 2005-116, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FILING OF A GRANT APPLICATION TO THE HAZARD ELIMINATION SAFETY (HES) PROGRAM FOR FUNDS TO IMPROVE TRAFFIC SIGNAL AND PEDESTRIAN FACILITIES AT FOURTH AVENUE AND K STREET, AND CERTIFYING THE COMMITMENT OF MATCHING FUNDS The intersection at Fourth Avenue and K Street, near Chula Vista High School, has been reviewed for improvements. Adoption of the resolution approves the filing of an application for grant funding from the Hazard Elimination Safety (HES) Grant Program, matched with Traffic Signal Fees, to fund a project that will improve safety and traffic flow. The proposed project upgrades the traffic signal system and reconstructs sidewalks and cross gutters at the intersection to comply with current Americans with Disabilities Act (ADA)standards. (Director of General Services, City Engineer) Staff recommendation: Council adopt the resolution. 3. RESOLUTION NO. 2005-117, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FIRST AMENDMENT TO THE AGREEMENT WITH ERICKSON HALL CONSTRUCTION COMPANY TO INCORPORATE THE GUARANTEED MAXIMUM PRICE (GMP) FOR THE DESIGN AND CONSTRUCTION OF MOUNTAIN HAWK PARK (CIP PR257) LOCATED IN THE EASTLAKE VISTAS NEIGHBORHOOD OF EASTERN CHULA VISTA, APPROPRIATING FUNDS NECESSARY TO COMPLETE THE PROJECT, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AMENDMENT (4/5THS VOTE REQUIRED) Page 2 - Council Minutes April 12, 2005 CONSENT CALENDAR (Continued) On July 13, 2004, the Council approved a design build agreement with Erickson-Hall Construction Company for the construction of Mountain Hawk Park and for a not-to- exceed price of $3,377,458, with the guaranteed maximum price to be set upon receipt of 90 percent construction drawings. The project is nearing the end of the design phase and is ready to begin the construction phase this month. Adoption of the resolution approves the first amendment of the design build agreement that will set the guaranteed maximum price at $4,040,330. (Director of General Services) Staff recommendation: Council adopt the resolution. 4 A. RESOLUTION NO. 2005-118, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING CLOSURE OF THIRD AVENUE FROM E STREET TO G STREET FOR THE CINCO DE MAYO CELEBRATION ON MAY 1, 2005 FROM 4:00 A.M. TO 9:00 P.M.; WAIVING PROHIBITION ON SIDEWALK SALES; AND WAIVING BUSINESS LICENSE TAXES FOR DOWNTOWN BUSINESS ASSOCIATION AND VENDORS PARTICIPATING IN THE EVENT B. RESOLUTION NO. 2005-119, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING CLOSURE OF THIRD AVENUE FROM E STREET TO H STREET FOR THE LEMON FESTIVAL ON AUGUST 14, 2005 FROM 4:00 A.M. TO 9:00 P.M.; WAIVING PROHIBITION ON SIDEWALK SALES AND WAIVING BUSINESS LICENSE TAXES FOR DOWNTOWN BUSINESS ASSOCIATION AND VENDORS PARTICIPATING IN THE EVENT C. RESOLUTION NO. 2005-120, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING CLOSURE OF THIRD AVENUE FROM D STREET TO I STREET, H STREET BETWEEN SECOND AND FOURTH AVENUES, AND PORTIONS OF INTERSECTING STREETS FOR THE ANNUAL STARLIGHT PARADE ON DECEMBER 3, 2005 FROM 1:00 P.M. TO 10:00 P.M.; WAIVING PROHIBITION ON SIDEWALK SALES; AND WAIVING BUSINESS LICENSE TAXES FOR DOWNTOWN BUSINESS ASSOCIATION AND VENDORS PARTICIPATING IN THE EVENT D. RESOLUTION NO. 2005-121, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND CHULA VISTA DOWNTOWN BUSINESS ASSOCIATION FOR SPECIAL EVENTS FOR 2005, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT The Chula Vista Downtown Business Association has requested the closure of Third Avenue and other various streets for annual special events in 2005. (Director of Communications) Staff recommendation: Council adopt the resolutions. ACTION: Mayor Padilla moved to approve staffs recommendations and offered the Consent Calendar, headings read, texts waived. The motion carried 5-0. Page 3 - Council Minutes April 12, 2005 ORAL COMMUNICATIONS Taide Pereyra, speaking on behalf of neighbors and family members, expressed objection to the formation of an assessment district to fund improvements in the Castle Park area. She stated that the 1985 annexation position paper indicated that the area would be brought up to City standards; no improvements have been made in 20 years, although the residents have been paying taxes; and seniors on fixed incomes were being forced to take on additional debt for improvements for which she believed residents had already paid. Mr. Pemberton supported Ms. Pereyra's comments, stating that nothing more should be done in the eastern area before the Castle Park area has been fixed. PUBLIC HEARINGS 5. CONSIDERATION OF APPROVAL OF A CONDITIONAL USE PERMIT TO CONDUCT A FARMERS' MARKET IN THE WAL-MART PARKING LOT AT 1360 EASTLAKE P ARKW A Y The applicant has requested to establish a farmers' market at 1360 Eastlake Parkway consisting of approximately 37 vendors, 21 of which would be certified agricultural producers. The market would take place on Friday afternoons from 3:00 p.m. to 7:00 p.m. in spring and summer, and until 6:00 p.m. in fall and winter. (Director of Planning and Building) Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the day and at the time specified in the notice. Mayor Padilla opened the public hearing. Associate Planner Pease presented the staff report and recommended that the Council approve the application for one year, subject to the conditions contained in the proposed resolution, with future extensions to be reviewed and approved by the Planning Commission. There being no one from the audience wishing to speak, Mayor Padilla closed the hearing. ACTION: Councilmember McCann offered the following resolution, heading read, text waived: RESOLUTION NO. 2005-122, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AND ESTABLISHING CONDITIONS ON A CONDITIONAL USE PERMIT PCC-05-033 TO CONDUCT A FARMERS' MARKET IN THE IN THE PARKING LOT OF WAL-MART AT 1360 EASTLAKE PARKWAY, CHULA VISTA The motion carried 5-0. Page 4 - Council Minutes Apri112,2005 ACTION ITEMS 6. CONSIDERATION OF APPROVAL OF THE ADDITION OF ONE UNCLASSIFIED SENIOR DEPUTY CITY CLERK POSITION TO THE CITY CLERK'S OFFICE Adoption of the resolution authorizes the addition of a Senior Deputy City Clerk position in order to allow the City Clerk's Office to assume major responsibilities on behalf of other departments and successfully carry out current and long-term City Clerk work programs and goals. (City Clerk) City Clerk Bigelow presented a brief staff report. Councilmember McCann asked that the position be opened for recruitment and that the City Clerk provide a cost/benefit report on the establishment of a passport acceptance facility. ACTION: Councilmember McCann offered the following resolution, heading read, text waived: RESOLUTION NO. 2005-123, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE ADDITION OF ONE UNCLASSIFIED SENIOR DEPUTY CITY CLERK POSITION TO THE CITY CLERK'S OFFICE The motion carried 5-0. 7. CONSIDERATION OF PROPOSED COMMENTS REGARDING THE DRAFT SAN DIEGO COUNTY AIRPORT LAND USE COMPATIBILITY PLAN As required by state law, the San Diego County Airport Land Use Commission is proposing a new San Diego County Airport Land Use Compatibility Plan for 16 public- use and military airports, including Brown Field. The purpose of the plan is to promote compatibility between airports and the land uses that surround them. Staff has reviewed the draft plan and is prepared to forward comments by the April 15 deadline. (Director of Planning and Building) Principal Planner Bazzel provided an overview and identified issues surrounding the draft plan, such as the expansion potential for existing uses that would become non-conforming under the plan; structural height limits; suburban versus urban plan criteria; economic impacts; the plan adoption timeframe; and the plan's consistency with the updated General Plan. Daniel Brunton, representing House of Blues, supported staff s recommendation to write a letter to the Airport Authority expressing the City's concerns. He confirmed that a non-conforming status would make it difficult to expand or develop supporting uses, and he also mentioned that Brown Field should have been treated as an urban airport site in the plan. Marty Keithley, representing Knotts Soak City, agreed that the water park's growth potential would be limited as a non-conforming use and that economic viability could be difficult. He stated that a building is currently under construction that would meet the proposed height limit. He supported the proposed comment letter to be sent by the City Manager and also suggested that the comment period be extended so that businesses in the area have the opportunity to review the plan and comment on it. Page 5 - Council Minutes April 12, 2005 ACTION ITEMS (Continued) Councilmembers expressed concerns regarding the draft plan, some of which were: Chula Vista, at its own expense, would need to continually amend its General Plan over the next 20 years; cities around Brown Field were being asked to put economic development on hold until it is determined whether or not Brown Field could ever be economically viable; Brown Field does not serve 99% of those who live in the region; the Airport Authority should not dictate what can and cannot be done within Chula Vista; and the plan will have significant impacts to the economic health of the community, affecting businesses that bring significant revenues to the City. Councilmember Castaneda suggested that the Mayor meet with other mayors and Authority members to explain the kinds of impacts the plan will have on the cities. Councilmember McCann suggested that the Chamber of Commerce be included in discussions, as well, and he encouraged the Mayor to start building a coalition of cities. He also asked staff to continue to be diligent in monitoring the plan's progress. Councilmember Rindone mentioned that the plan would also be harmful to plans for the university. He stated that he wanted the South Bay Airport Authority representative to articulate the Council's comments on the plan to the other Authority members. Mayor Padilla commented that the plan did not clarify potential impacts, and he expressed disappointment in the process and in the failure of the South County representative to inform the Council of policy decisions being made. ACTION: Deputy Mayor Davis offered the following resolution, heading read, text waived: RESOLUTION NO. 2005-124, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING A REPORT FROM STAFF CONCERNING THE DRAFT AIRPORT LAND USE COMPATIBILITY PLAN AND AUTHORIZING THE CITY MANAGER TO SEND A COMMENT LETTER ON SAID PLAN TO THE AIRPORT LAND USE COMMISSION The motion carried 5-0. ACTION: It was the consensus of the Council to formally request that Airport Commissioner Nieto be present at the next Council meeting to discuss policy issues and Council concerns. OTHER BUSINESS 8. CITY MANAGER'S REPORTS City Manager Rowlands suggested that the meeting of May 3, 2005 be cancelled due to the absence of two Councilmembers. It was the consensus of the Council to cancel the meeting. Page 6 - Council Minutes April 12, 2005 OTHER BUSINESS (Continued) 9. MAYOR'S REPORTS Mayor Padilla said it was a tremendous honor to participate in the dedication of the San Diego County law enforcement memorial wall, which honors all of the region's fallen going back over a century. He extended his appreciation to Chief Emerson and the Police Department for a well- attended, tremendous service. He also expressed regret that he was unable to attend Tom Layman's retirement event. 10. COUNCIL COMMENTS Councilmember Rindone concurred with Mayor Padilla's comments. Councilmember McCann reported that he had represented the Council at the dedication of Salt Creek Elementary School last Wednesday. He said he also attended (1) the CAST graduation, and he congratulated the new graduates; and (2) a retirement for Tom Layman, who served the City for 36 years, and whom he wished well. Finally, he congratulated Parks & Recreation Director Martin and staff for the very successful track meet held last Saturday and stated that an upcoming countywide track meet will be held at Otay Ranch High School. At 8:14 p.m., the Council recessed to Closed Session. CLOSED SESSION 11. PUBLIC EMPLOYEE APPOINTMENT PURSUANT TO GOVERNMENT CODE SECTION 54957 · Assistant City Manager · Director of Community Development This item was not discussed. 12. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) · Application of SDG&E for Certificate of Public Convenience and Necessity for the Otay Mesa Power Purchase Agreement Transmission Project (A-04-03-008) No reportable action was taken. ADJOURNMENT At 8:40 p.m., Mayor Padilla adjourned the meeting to an Adjourned Regular Meeting on April 19,2005, at 5:00 p.m. in Conference Rooms 2 and 3 in the Public Services Building, 276 Fourth Avenue, and thence to the Regular Meeting of April 19, 2005, at 6:00 p.m. in the Council Chambers. ~~~~~J-.9 ) Susan Bigelow, MMC, City Clerk Page 7 - Council Minutes Apri112,2005