HomeMy WebLinkAboutcc min 2005/05/24
MINUTES OF A REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF CHULA VISTA
May 24, 2005
6:00 P.M.
A Regular Meeting of the City Council of the City of Chula Vista was called to order at 6: I 0
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 Senior Deputy
City Clerk Peoples
PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE
SPECIAL ORDERS OF THE DAY
· ACKNOWLEDGEMENT BY DANIEL BEINTEMA, NATURE CENTER DIRECTOR,
OF DUKE ENERGY FOUNDATION FOR A GIFT OF $50,000 FOR THE NATURE
CENTER'S NEW GREEN SEA TURTLE EXHIBIT
Nature Center Director Beintema introduced David Barnhardt of Duke Energy, who presented a
$50,000 donation to the Nature Center for its new Green Sea Turtle exhibit.
CONSENT CALENDAR
(Items I through 7)
Councilmember McCann stated that he would abstain from voting on Items 6A, B, and C due to
the fact that he owns property located within 500 feet of the project.
1. APPROVAL OF MINUTES of May 10 and May 17,2005.
Staff recommendation: Council approve the minutes.
2. RESOLUTION NO. 2005-162, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2005 PUBLIC
FACILITIES DEVELOPMENT IMPACT FUND BY $98,802 AND AWARDING A
CONTRACT TO EMERGENCY SERVICES CONSULTING, INC. TO CONDUCT A
FIRE FACILITY, EQUIPMENT, AND DEPLOYMENT MASTER PLAN STUDY
AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT
Page 1 - Council Minutes
May 24, 2005
CONSENT CALENDAR (Continued)
On September 7, 2004, the Council authorized the Fire Department to release a request
for proposal (RFP) to conduct a fire facility, equipment, and deployment. master plan
study. A formal RFP was released on January 12, 2005. The Purchasing Agent received
a total of five proposals on February 11,2005. The Fire Department is recommending
award of the contract to Emergency Services Consulting, Inc., in the amount of $98,802,
with an option to buy Deccan Software for an additional $25,600 at the completion of the
project. (Fire Chief)
Staff recommendation: Council adopt the resolution.
3. RESOLUTION NO. 2005-163, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE RETURN OF PREVIOUSLY
APPROPRIATED BIKE FACILITIES (TDA) FUNDS AND APPROPRIATING
EQUIVALENT TRANSPORTATION SALES TAX (TRANSNET) FUNDS TO
CAPITAL IMPROVEMENT PROJECT STL298
The Council appropriated bike facility (TDA) funds for capital improvement project
STL298, Bay Boulevard Bike Path from E to F Street. In place of a TDA grant,
SANDAG assigned the City Transportation Sales Tax (TransNet) bicycle funds for this
project. Adoption of the resolution modifies the project budget to reflect the appropriate
funding source. (City Engineer)
Staff recommendation: Council adopt the resolution.
4. RESOLUTION NO. 2005-164, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE FINAL MAP OF CHULA VISTA
TRACT NO. 96-04, OTAY RANCH VILLAGE 1, NEIGHBORHOOD R-2I; AND
APPROVING THE ASSOCIATED SUBDIVISION AGREEMENT FOR CHULA
VISTA TRACT NO. 96-04, OT A Y RANCH VILLAGE I, NEIGHBORHOOD R-21
On February 1,2005, the Council approved a tentative subdivision map for Otay Ranch
Village I, Neighborhood R-21, a condominium conversion of 168 multi-family units.
Approval of the final map and its associated subdivision agreement will allow the final
map to record, the applicant to file a condominium map, and the individual units within
the project to be sold. (City Engineer)
Staff recommendation: Council adopt the resolution.
5 A. RESOLUTION NO. 2005-165, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE FINAL "B" MAP OF CHULA VISTA
TRACT NO. 05-02, OTAY RANCH FREEWAY COMMERCIAL SECTIONAL
PLANNING AREA PLAN; ACCEPTING ON BEHALF OF THE CITY OF CHULA
VISTA THE EASEMENT FOR STREET PURPOSES, THE FIFTEEN-FOOT WIDE
SEWER EASEMENT, AND THE SIDEWALK AND PUBLIC ACCESS EASEMENT
GRANTED ON SAID MAP WITHIN SAID SUBDIVISION; ACKNOWLEDGING
THE IRREVOCABLE OFFER OF DEDICATION; APPROVING THE SUBDIVISION
IMPROVEMENT AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS
REQUIRED BY SAID SUBDIVISION; AND AUTHORIZING THE MAYOR TO
EXECUTE SAID AGREEMENT
Page 2 - Council Minutes
May 24, 2005
CONSENT CALENDAR (Continued)
B. RESOLUTION NO. 2005-166, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE "B" MAP SUPPLEMENTAL
SUBDIVISION IMPROVEMENT AGREEMENT FOR THE OTA Y RANCH
FREEWAY COMMERCIAL SECTIONAL PLANNING AREA PLAN, REQUIRING
DEVELOPER TO COMPLY WITH CERTAIN UNFULFILLED CONDITIONS OF
RESOLUTION NO. 2004-418, AND AUTHORIZING THE MAYOR TO EXECUTE
SAID AGREEMENT
On December 14, 2004, the Council approved a tentative subdivision map for 86.9 acres
of the Otay Ranch Freeway Commercial Sectional Planning Area Plan, Chula Vista Tract
05-02. Adoption of the resolutions approves the final "B" map within the Freeway
Commercial Sectional Planning Area and the "B" map supplemental subdivision
improvement agreement for the tentative map. (City Engineer)
Staff recommendation: Council adopt the resolutions.
6 A. RESOLUTION NO. 2005-167, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AMENDING THE COOPERATIVE AGREEMENT WITH
THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION
(CALTRANS) REGARDING SOUTHERLY PROJECT LIMITS ON THE 1-
805/0RANGE AVENUE INTERCHANGE IMPROVEMENTS (STM-328), AND
AUTHORIZING THE MAYOR TO EXECUTE SAID AMENDMENT
B. RESOLUTION NO. 2005-168, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROPRIATING FUNDS FROM THE AVAILABLE
BALANCE OF THE TRANSPORTATION DEVELOPMENT IMPACT FEE (TDIF)
FUND TO CAPITAL IMPROVEMENT PROJECT STM-35I FOR A
CONSTRUCTION CHANGE ORDER RELATED TO IMPROVEMENTS AT 1-
805/MAIN STREET/AUTO PARK DRIVE INTERCHANGE
C. RESOLUTION NO. 2005-169, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING A BID FOR A CONSTRUCTION CHANGE
ORDER FOR THE I-805/0RANGE AVENUE/OLYMPIC PARKWAY
INTERCHANGE PROJECT FOR ADDITIONAL WORK AT THE SOUTHERLY
LIMITS OF THE PROJECT IN THE CITY OF CHULA VISTA (PROJECT STM-358),
CALTRANS CONTRACT NO. 11-156584 TO YEAGER-SKANSKA, INC., IN THE
AMOUNT OF $1,664,116.89
D. RESOLUTION NO. 2005-170, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA MODIFYING THE PROJECT BUDGET OF CAPITAL
IMPROVEMENT PROJECT STM-328 TO REFLECT APPROVED FUNDING
SOURCES AND TRANSFERRING FUNDS THEREFOR
On April 27, 2004, the Council awarded a contract to Yeager-Skanska Inc. for work
related to the East Orange Avenue/Olympic Parkway interchange at 1-805. CalTrans and
the City would like to construct certain improvements at the southerly portion of the
project in order to improve traffic operations at the 1-805/Main Street! Auto Park Drive
interchange. CalTrans is recommending that the cooperative agreement be amended to
include the revised area of work. The contractor, Yeager-Skanska Inc., has submitted a
construction change order bid in order to revise the southbound and northbound on-ramps
at I-805/Main Street! Auto Park Drive. (City Engineer)
Staff recommendation: Council adopt the resolutions.
Page 3 - Council Minutes
May 24, 2005
CONSENT CALENDAR (Continued)
7. RESOLUTION NO. 2005-171, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA DESIGNATING THE HOUSE AT 3487 MAIN STREET AS
A HISTORIC STRUCTURE AND PLACING 3487 MAIN STREET, THE LORENZO
ANDERSON HOUSE, AS HISTORIC SITE NO. 68 ON THE CITY OF CHULA
VISTA LIST OF HISTORIC SITES IN ACCORDANCE WITH MUNICIPAL CODE
SECTION 2.32.070(A)
The Anderson family has requested that their house at 3487 Main Street, known as the
Lorenzo Anderson House, be considered for inclusion on the Chula Vista List of Historic
Sites. The Resource Conservation Commission considered the designation of the house at
its April 18, 2005 meeting and recommends that the house be placed on the list.
(Director of Planning and Building)
Staffrecommendation: Council adopt the resolution.
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 6A, B, and C, which carried 4-0-1, with Councilmember McCann
abstaining due to his ownership of property located within 500 feet of the project.
ORAL COMMUNICATIONS
Aileen Price, a homeowner in the Holiday Gardens condominiums, expressed concerns about
losing her home due to a proposed zone change. Community Development Director Madigan
responded that the Holiday Garden properties, while currently zoned commercial, are outside the
redevelopment area and would not be subject to eminent domain for redevelopment purposes.
PUBLIC HEARING
8. CONSIDERATION OF AN EXTENSION TO ORDINANCE 3001-A, 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 ADDITIONAL PERIOD OF TEN MONTHS
AND FIFTEEN DAYS
On April 26, 2005, the Council adopted an ordinance that prohibited the permitting or
approval of any new or expanded fee-based check cashing and deferred deposit uses for
45 days and directed staff to thoroughly study the issue and bring new regulations to the
Council for consideration. In order for staff to perform the necessary tasks, additional
time is needed beyond the 45 days allowed in Ordinance 3001-A. (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.
Page 4 - Council Minutes
May 24, 2005
PUBLIC HEARING (Continued)
Mayor Padilla opened the public hearing.
Assistant Director of Planning Lytle gave a brief report regarding the request for the urgency
ordinance extension.
Deputy Mayor Davis suggested reviewing any impacts the Patriot Act rules might have on
identification requirements for people utilizing check-cashing institutions. She also pointed out
that some local financial institutions offer tree checking to persons who have social security
checks automatically deposited.
Patricia Aguilar, representing Crossroads II, supported the proposed resolution and urgency
ordinance.
With no further members of the public wishing to speak, Mayor Padilla closed the public
hearing.
ACTION:
Councilmember Castaneda offered Resolution No. 2005-172 and Urgency
Ordinance No. 3001-B, headings read, texts waived:
RESOLUTION NO. 2005-172, RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CHULA VISTA ADOPTING AND
ISSUING A WRITTEN REPORT DESCRIBING THE MEASURES
TAKEN TO ALLEVIATE THE CONDITION THAT LED TO THE
ADOPTION OF URGENCY ORDINANCE 3001-A, WHICH
TEMPORARILY PROHIBITED THE PERMITTING OR APPROVAL
OF ANY NEW OR EXPANDED FEE-BASED CHECK CASHING AND
DEFERRED DEPOSIT USES
URGENCY ORDINANCE NO. 3001-B, URGENCY ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF CHULA VISTA EXTENDING
FOR TEN MONTHS AND FIFTEEN DAYS URGENCY INTERIM
ORDINANCE 3001-A, PROHIBITING THE PERMITTING OR
APPROVAL OF ANY NEW OR EXPANDED FEE-BASED CHECK
CASHING AND DEFERRED DEPOSIT USES
The motion carried 5-0.
ACTION ITEMS
9. CONSIDERATION OF ADOPTION OF A RESOLUTION AMENDING THE FISCAL
YEAR 2005 FIRE DEPARTMENT BUDGET
The Fire Department is requesting an appropriation trom the available balance of the
general fund to meet unanticipated personnel and services and supplies expenditures in
fiscal year 2005. (Fire Chief)
Page 5 - Council Minutes
May 24, 2005
ACTION ITEMS (Continued)
ACTION:
Deputy Mayor Davis offered Resolution No. 2005-173, heading read, text
waived:
RESOLUTION NO. 2005-173, RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE
FISCAL YEAR 2005 FIRE DEPARTMENT BUDGET AND
APPROPRIATING $726,000 FROM THE AVAILABLE BALANCE OF
THE GENERAL FUND
The motion carried 5-0.
10. CONSIDERATION OF ADOPTION OF A RESOLUTION AMENDING THE FISCAL
YEAR 2005 POLICE DEPARTMENT PERSONNEL SERVICES BUDGET
The Police Department personnel services budget is projected to be over by
approximately $787,677 at the end of Fiscal Year 2005. The department is requesting
additional appropriations from the available balance of the general fund, as well as
appropriations trom the budgets for supplies and services and other expenses to cover the
personnel services budget.
Police Chief Emerson presented the Fiscal Year 2005 Police Department budget request.
Councilmember Castaneda expressed concern regarding the delay in anticipated revenues for jail
booking fees. He suggested looking at options for jail bookings and transport of prisoners and
stated his preference that the County of San Diego handle them so the City could focus on
officers on the streets.
Councilmember McCann suggested that the Police Department seek opportunities for lateral
hiring of police officers trom outside agencies and urged staff to work towards securing the
booking fee contract with the County of San Diego.
ACTION:
Mayor Padilla offered Resolution No. 2005-174, heading read, text waived.
RESOLUTION NO. 2005-174, RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE
FISCAL YEAR 2005 POLICE DEPARTMENT PERSONNEL
SERVICES BUDGET; APPROPRIATING $482,677 FROM THE
AVAILABLE BALANCE OF THE GENERAL FUND;
APPROPRIATING $200,000 BASED UPON UNANTICIPATED
ASSET SEIZURE REVENUES; TRANSFERRING $30,000 FROM
SUPPLIES AND SERVICES, AND $75,000 FROM OTHER EXPENSES
TO PERSONNEL SERVICES
The motion carried 5-0.
Page 6 - Council Minutes
May 24, 2005
OTHER BUSINESS
II. CITY MANAGER'S REPORTS
City Manager Rowlands announced a Jomt City Council/Planning Commission/Growth
Management Oversight Commission workshop on June 23, 2005, at 4:00 p.m., at the John
Lippitt Public Works Center.
12. MAYOR'S REPORTS
There were none.
13. COUNCIL COMMENTS
Councilmember McCann stated that he recently attended a very successful EastLake Cycle event
that lead into the Music in the Park event. He recognized Natasha Martinez, one of the
organizers, who was present in the audience. The events raised over $60,000 for local schools.
CLOSED SESSION
Closed Session was cancelled and the following items were not discussed:
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
. Employee organizations: Police Officers Association, Chula Vista Employees
Association, International Association of Fire Fighters, Western Council of
Engineers
15. CONFERENCE WITH LEGAL COUNSEL REGARDING ANTICIPATED
LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9
. One case
ADJOURNMENT
At 10: II p.m., Mayor Padilla adjourned the meeting to an Adjourned Regular Meeting on June
2, 2005 at 4:00 p.m., in the Council Chambers, and thence to the Regular Meeting on June 7,
2005 at 4:00 p.m.
q~~~~
Lori Anne Peoples, CMC
Senior Deputy City Clerk
Page 7 - Council Minutes
May 24, 2005