The URL can be used to link to this page

Home My WebLink Aboutcc min 2005/07/19 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA July 19,2005 6:00 P.M. A Regular Meeting of the City Council of the City of Chula Vista was called to order at 6:09 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 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 . OATHS OF OFFICE: Barbara Main, Nature Center Board of Trustees Tracey Abston, Child Care Commission City Clerk Bigelow administered the oath of office to Barbara Main, and Deputy Mayor Davis presented her with a certificate of appointment. Tracey Abston was not present at the meeting. . INTRODUCTION BY POLICE CHIEF EMERSON OF RECENTLY HIRED PEACE OFFICER STEVEN WOJCIECHOWSKI. RECENTLY PROMOTED SERGEANT MARK JONES, AND RECENTLY PROMOTED AGENT SCOTT SCHNEIDER Police Chief Emerson introduced recently promoted Sergeant Jones and Agent Schneider and presented them with their badges. He then introduced newly hired Peace Officer Wojciechowski, and City Clerk Bigelow administered the oath of office to him. . PRESENTATION BY MAYOR PADILLA OF A PROCLAMATION TO BUCK MARTIN, DIRECTOR OF RECREATION, PROCLAIMING THE WEEK OF JULY 17,2005 AS NATIONAL AQUATIC WEEK Mayor Padilla read the proclamation, and Deputy Mayor Davis presented it to Recreation Director Martin. Page 1 - Council Minutes July 19.2005 SPECIAL ORDERS OF THE DAY (Continued) · PRESENTATION BY JIM SANDOVAL, DIRECTOR OF PLANNING & BUILDING, TO THE MAYOR AND CITY COUNCIL OF TWO PLANNING AWARDS RECENTLY RECEIVED BY THE CITY - THE AMERICAN PLANNING ASSOCIATION'S MEDIA AWARD FOR OUTSTANDING COVERAGE OF A PLANNING TOPIC FOR THE VISION 2030 GENERAL PLAN AMENDMENT VIDEO; AND THE URBAN LAND INSTITUTE SAN DIEGO/TIJUANA CHAPTER'S SMART GROWTH SUBURBAN DEVELOPMENT MODEL AWARD FOR THE OT A Y RANCH COMPANY'S VILLAGE OF HERITAGE - VILLAGE CORE Planning & Building Director Sandoval presented the Mayor and City Council with the two awards. Mayor Padilla recessed the meeting at 6:34 p.m. to the joint meeting of the City Council and Redevelopment Agency. He reconvened the meeting at 6:37 p.m. with all Councilmembers present. CONSENT CALENDAR (Items I through 9) Councilmember McCann stated he would abstain from voting on Item 5, as his residence is within the district. Mayor Padilla stated he would abstain from voting on Item 6, as his residence is within the district. Taide & Maria Pereyra made numerous inquires regarding Item 8 and the process for implementing assessment districts. Staff was directed to provide them with the requested information. Councilmember Rindone requested the opportunity for the Council to provide input on City-initiated improvements prior to the budget adoption process. Councilmember Castaneda requested a report from staff on why the country club was not required to make improvements along Oxford and Naples to Third Avenue when building improvements were made. I. ORDINANCE NO. 3013, ORDINANCE OF THE CITY OF CHULA VISTA ADOPTING THE CALIFORNIA ELECTRICAL CODE, 2004 EDITION AND UNIFORM ADMINISTRATIVE CODE PROVISIONS FOR THE NATIONAL ELECTRIC CODE, 1996 EDITION, WITH AMENDMENTS (SECOND READING The state mandated that jurisdictions within the state start enforcing the 2004 California Electrical Code on August 1, 2005. This ordinance adopts the 2004 California Electrical Code, associated administrative provisions and local amendments. This ordinance was introduced July 12,2005. (Director of Planning and Building) Staff recommendation: Council adopt the ordinance. 2. ORDINANCE NO. 3014, ORDINANCE OF THE CITY OF CHULA VISTA APPROVING AN AMENDMENT TO THE OT A Y RANCH SECTIONAL PLANNING AREA (SPA) ONE PLANNED COMMUNITY DISTRICT REGULATIONS MODIFYING THE SPA ONE ZONING DISTRICT MAP, RE-DESIGNATING SEVEN OPEN SPACE/PARK SITES TO COMMUNITY PURPOSE FACILITY (SECOND READING) Page 2 - Council Minutes July 19,2005 CONSENT CALENDAR (Continued) Otay Project, LP (Otay Ranch Company) requested an amendment to the Otay Ranch Sectional Planning Area (SPA) One Plan, Site Utilization Plan Map and Zoning District Map for the purposes ofrezoning seven existing recreation sites (private parks), currently zoned Open Space/Park (OS/P) to Community Purpose Facility (CPF). This amendment adds a CPF Master Plan supplement to the document text and brings the SPA One into consistency with the 2003 amendments to the CPF Ordinance in the P-C Zone, Chapter 19.48, Section 19.48.025 of the Chula Vista Municipal Code. This ordinance was introduced July 12, 2005. (Director of Planning and Building) Staff recommendation: Council adopt the ordinance. 3. RESOLUTION NO. 2005-251, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FINAL MAP OF CHULA VISTA TRACT NO. 01-11, OTA Y RANCH VILLAGE 11, NEIGHBORHOODS R-24 AND R- 25; ACKNOWLEDGING THE IRREVOCABLE OFFER OF DEDICATION OF FEE INTEREST GRANTED ON SAID MAP; APPROVING THE SUBDIVISION AND SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENTS, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENTS Adoption of the resolution approves the final map for neighborhoods R-24 and R-25, a subdivision of Otay Ranch Village 11. Neighborhoods R-24 and R-25 consist of 359 condominium dwelling units on two lots and one open space lot. (City Engineer) Staff recommendation: Council adopt the resolution. 4. RESOLUTION NO. 2005-252, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE LEVY OF MAXIMUM SPECIAL TAXES FOR FISCAL YEAR 2005/2006 WITHIN COMMUNITY FACILITIES DISTRICTS 97-1, 97-2, 97-3, 98-1, 98-2, 98-3, 99-1, 99-2, 2000-1, 2001-1, 2001-2, 08-1, 07-M, 08-M AND II-M; AND DELEGATING TO THE CITY MANAGER THE AUTHORITY TO ESTABLISH THE SPECIAL TAX FOR EACH DISTRICT Seventeen Community Facilities Districts were formed during Fiscal Years 1998 through 2004. Each year, a special tax must be levied in each of the districts to pay for the maintenance of open space and preserve areas, or to repay bondholders. (City Engineer) Staff recommendation: Council adopt the resolution. 5. RESOLUTION NO. 2005-253, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE LEVY OF MAXIMUM SPECIAL TAXES FOR FISCAL YEAR 2005/2006 WITHIN COMMUNITY FACILITIES DISTRICT 06-1, AND DELEGATING TO THE CITY MANAGER THE AUTHORITY TO ESTABLISH THE SPECIAL TAX FOR THIS DISTRICT Seventeen Community Facilities Districts were formed during Fiscal Years 1998 through 2004. Each year, a special tax must be levied in each of the districts to pay for the maintenance of open space and preserve areas, or to repay bondholders. Adoption of this resolution authorizes the levy of a maximum special tax for Community Facilities District 06-1. (City Engineer) Staff recommendation: Council adopt the resolution. Page 3 - Council Minutes July 19,2005 CONSENT CALENDAR (Continued) 6. RESOLUTION NO. 2005-254, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE LEVY OF MAXIMUM SPECIAL TAXES FOR FISCAL YEAR 2005/2006 WITHIN COMMUNITY FACILITIES DISTRICTS 07-1 AND 09-M, AND DELEGATING TO THE CITY MANAGER THE AUTHORITY TO ESTABLISH THE SPECIAL TAX FOR EACH DISTRICT Seventeen Community Facilities Districts were formed during Fiscal Years 1998 through 2004. Each year, a special tax must be levied in each of the districts to pay for the maintenance of open space and preserve areas, or to repay bondholders. Adoption of this resolution authorizes the levy of a maximum special tax for Community Facilities Districts 07-1 and 09-M. (City Engineer) Staff recommendation: Council adopt the resolution. 7 A. RESOLUTION NO. 2005-255, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING A PETITION REQUESTING THE FORMATION OF AN ASSESSMENT DISTRICT FOR TOBIAS DRIVE (NAPLES STREET TO OXFORD STREET) FOR THE PURPOSE OF FINANCING THE CONSTRUCTION OF STREET IMPROVEMENTS B. RESOLUTION NO. 2005-256, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING A MAP SHOWING THE PROPOSED BOUNDARIES FOR ASSESSMENT DISTRICT NO. 2005-1 (TOBIAS DRIVE) C. RESOLUTION NO. 2005-257, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DECLARING ITS INTENT TO FORM ASSESSMENT DISTRICT NO. 2005-1 (TOBIAS DRIVE), AND TO ORDER IMPROVEMENTS WITHIN THAT DISTRICT; APPROVING THE PRELIMINARY ASSESSMENT ENGINEER'S REPORT; SETTING THE TIME AND PLACE FOR PUBLIC HEARINGS; AND ORDERING THE INITIATION OF BALLOT PROCEDURES Residential properties along Tobias Drive, between Naples Street and Oxford Street, are currently without curbs, gutters, or sidewalks. Thirty of the thirty-nine 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. (Director of General Services) Staff recommendation: Council adopt the resolutions. 8. RESOLUTION NO. 2005-258, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING CONTRACT FOR THE CASTLE PARK ELEMENTARY SIDEWALK IMPROVEMENTS, SOUTH SIDE OF NAPLES STREET FROM ALPINE AVENUE TO 200 FEET EAST OF TOBIAS DRIVE AND EAST SIDE OF TOBIAS DRIVE FROM NORTH OF ORLANDO COURT TO GENTRY WAY IN THE CITY OF CHULA VISTA (PROJECT STL-287) Page 4 - Council Minutes July 19,2005 CONSENT CALENDAR (Continued) On June 29, 2005, the Director of General Services received sealed bids for this project. The work to be done consists of the sidewalk improvements and related street light work as well as all labor, material, equipment, transportation, protection and restoration of existing improvements and traffic control necessary for the project. (Director of General Services) Staff recommendation: Council adopt the resolution. 9. RESOLUTION NO. 2005-259, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING TWO TREE TRIMMING CONTRACTS TOTALING $173,348.26 TO PROVIDE TREE TRIMMING SERVICES, AND AUTHORIZING THE PURCHASING AGENT TO RENEW THE AGREEMENTS FOR FIVE ADDITIONAL, ONE YEAR OPTION PERIODS Bids for multi-year tree trimming services opened on June 9, 2005. Thirteen requests for bid were mailed; two were sent to local contractors. Three contractors submitted bids, none of them were from Chula Vista. Adoption of the resolution approves contracts with TruGreen Landcare and West Coast Arborists Inc. (Director of Public Works Operations) 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 5-0 with the exception of Item 5, which carried 4-0-1 with Councilmember McCann abstaining, and Item 6, which carried 4-0-1 with Mayor Padilla abstaining. ORAL COMMUNICATIONS Steve Molski requested Council assistance with equipment noise and dust ITom the materials yard located behind his neighborhood. City Manager Rowlands advised that the materials yard in question is not a City yard, but actually belongs to Sweetwater. Mayor Padilla requested that staff review the noise ordinance and provide assistance to Mr. Molski and his neighbors. PUBLIC HEARINGS 10. CONSIDERATION OF THE PROPOSED RESTRUCTURING OF THE SEWER SERVICE RATES (Continued ITom 7/12/05) The sewer service charge is paid by all users who are connected to the City's wastewater collection system. Revenues derived ITom this fee are used to fund the cost of wastewater treatment, system maintenance and operation. Based on the findings of a study, it was determined that over the long term, the existing sewer rates would not generate the revenues needed to meet the obligations of the sewer fund, therefore the rates need to be adjusted. On May 17, 2005, the City Council adopted a resolution declaring its intention to increase sewer service charges and set a Public Hearing for July 12, 2005 to consider the issue. (City Engineer) Page 5 - Council Minutes July 19,2005 PUBLIC HEARINGS (Continued) 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. City Engineer AI-Agha introduced Civil Engineer Chukwudolu, who provided an update on wastewater rates and responded to questions of the Council. Taide Pereyra expressed the need for a storm drain near Naples and Emerson. City Engineer AI- Agha responded that the fees being discussed are related to sewer, rather than drainage, and that a report will be brought back to the Council later this year that will address drainage issues. There being no further members of the public wishing to speak, Mayor Padilla closed the public hearing. ACTION: Councilmember Davis offered the ordinance for first reading and Resolution No. 2005-260 for adoption, headings read, texts waived: ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTION 3.18.010 TO ESTABLISH A NEW AMOUNT FOR THE SEWERAGE FACILITIES REPLACEMENT COMPONENT OF THE SEWER SERVICE CHARGE AND ALLOWING THE CITY COUNCIL TO ESTABLISH SUCH AMOUNTS IN THE FUTURE BY COUNCIL RESOLUTION (4/5THS VOTE REQUIRED) RESOLUTION NO. 2005-260, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE MASTER FEE SCHEDULE BY ADJUSTING AND INCREASING SEWER SERVICE CHARGES FOR EACH OF THE NEXT FIVE YEARS AND APPROVING THE TRANSFER OF FUNDS FROM THE TRUNK SEWER CAPITAL RESERVE FUND TO THE SEWER SERVICE REVENUE FUND (4/5THS VOTE REQUIRED) The motion carried 5-0. 11. CONSIDERATION OF THE FISCAL YEAR 2005/2006 LEVY OF ASSESSMENTS AND COLLECTION AGAINST THOSE ASSESSMENTS FOR CITY OPEN SPACE DISTRICTS 2 THROUGH 10, 15, 17, 18, 20, 23, 24, 26, 31 AND 33, BAY BOULEVARD AND TOWN CENTRE MAINTENANCE DISTRICTS The City administers and maintains 24 open space districts that have been established over the last 30 years. The districts provide a financing mechanism to maintain the public open space areas associated with each particular development. The levy of an annual assessment for Fiscal Year 2005/2006 enables the City to provide these ongoing services. (City Engineer) Page 6 - Council Minutes July 19,2005 I .J PUBLIC HEARINGS (Continued) 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. There being no members of the public wishing to speak, Mayor Padilla closed the public hearing. ACTION: Councilmember McCann offered Resolution No. 2005-261, heading read, text waived: RESOLUTION NO. 2005-261, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA LEVYING THE ASSESSMENTS AND COLLECTIBLES FOR OPEN SPACE DISTRICTS 2 THROUGH 10, 15, 17, 18,20,23,24,26,31 AND 33, BAY BOULEVARD AND TOWN CENTRE MAINTENANCE DISTRICTS The motion carried 5-0. 12. CONSIDERATION OF THE FISCAL YEAR 2005/2006 LEVY OF ASSESSMENTS AND COLLECTION AGAINST THOSE ASSESSMENTS FOR EASTLAKE MAINTENANCE DISTRICT NO.1 AND OPEN SPACE DISTRICT NO.1 These districts provide a financing mechanism to maintain the public open space areas associated with each particular development. The levy of an annual assessment for Fiscal Year 2005/2006 enables the City to provide these ongoing services. Adoption of the resolution approves the levy of assessments for EastLake Maintenance District No.1 and Open Space District No.1. (City Engineer) Councilmember McCann stated that he would abstain trom discussion and voting on this item because his residence is in the district. He then left the Council Chambers. 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. There being no members of the public wishing to speak, Mayor Padilla closed the public hearing. ACTION: Councilmember Rindone offered Resolution No. 2005-262, heading read, text waived: RESOLUTION NO. 2005-262, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA LEVYING THE ASSESSMENTS AND COLLECTIBLES FOR EASTLAKE MAINTENANCE DISTRICT NO. I AND OPEN SPACE DISTRICT NO.1 The motion carried 4-0-1 with Councilmember McCann abstaining. Councilmember McCann returned to the Council Chambers. Page 7 - Council Minutes July 19,2005 PUBLIC HEARINGS (Continued) 13. CONSIDERATION OF THE FISCAL YEAR 2005/2006 LEVY OF ASSESSMENTS AND COLLECTION AGAINST THOSE ASSESSMENTS FOR CITY OPEN SPACE DISTRICT I I Open space districts provide a financing mechanism to maintain the public open space areas associated with each particular development. The levy of an annual assessment for Fiscal Year 2005/2006 enables the City to provide these ongoing services. Adoption of the resolution approves the levy of assessments for Open Space District 11. (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. Mayor Padilla opened the public hearing. There being no members of the public wishing to speak, Mayor Padilla closed the public hearing. ACTION: Mayor Padilla offered Resolution No. 2005-263, heading read, text waived: RESOLUTION NO. 2005-263, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA LEVYING THE ASSESSMENTS AND COLLECTIBLES FOR CITY OPEN SPACE DISTRICT II The motion carried 5-0. 14. CONSIDERATION OF THE FISCAL YEAR 2005/2006 LEVY OF ASSESSMENTS AND COLLECTION AGAINST THOSE ASSESSMENTS FOR CITY OPEN SPACE DISTRICT 14 Open space districts provide a financing mechanism to maintain the public open space areas associated with each particular development. The levy of an annual assessment for Fiscal Year 2005/2006 enables the City to provide these ongoing services. Adoption of the resolution approves the levy of assessments for Open Space District 14. (City Engineer) Councilmember Davis stated that she would abstain from discussion and voting on this item because her residence is in the district. She then left the Council Chambers. 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. There being no members of the public wishing to speak, Mayor Padilla closed the public hearing. Page 8 - Council Minutes July 19,2005 PUBLIC HEARING (Continued) ACTION: Councilmember Rindone offered Resolution No. 2005-264, heading read, text waived: RESOLUTION NO. 2005-264, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA LEVYING THE ASSESSMENTS AND COLLECTIBLES FOR CITY OPEN SPACE DISTRICT 14 The motion carried 4-0-1, with Councilmember Davis abstaining. Councilmember Davis returned to the Council Chambers. OTHER BUSINESS 15. CITY MANAGER'S REPORTS City Manager Rowlands reported on the efforts of the San Diego County Police Chiefs' & Sheriff's Association with regard to border protocol and the Minuteman border patrol in San Diego County. 16. MAYOR'S REPORTS Mayor Padilla stated that the SANDAG Board had referred the Minuteman item to SANDAG's Public Safety Committee, which he chairs, and that he would be bringing an item back on a future Council agenda pertaining to the Minuteman group. 17. COUNCIL COMMENTS Councilmember Rindone congratulated Nature Center staff on their volunteer recognition celebration. CLOSED SESSION 18. 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 No reportable action was taken on this item. Page 9 - Council Minutes July 19,2005 CLOSED SESSION (Continued) 19. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) A. City ofChu1a Vista v. Evanston Ins. (SDSC # OlC 818513) B. Sanchez v. City ofChula Vista [USDC # 04 CV 0084 (DMS)] C. City ofChula Vista v. SANDPIPA No reportable action was taken on these items. ADJOURNMENT: At 8:20 p.m. Mayor Padilla adjourned the meeting to the Regular Meeting of July 26, 2005, at 6:00 p.m. in the Council Chambers. ~ .;~~~~~ Susan Bigelow, MMC, City Clerk Page 10 - Council Minutes July 19,2005