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HomeMy WebLinkAboutcc min 2005/08/09 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA August 9, 2005 6:00 P.M. A Regular Meeting of the City Council of the City ofChula Vista was called to order at 7:19 p.m. in the Council Chambers, located in the Public Services Building, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Councilmembers: Castaneda, McCann, Rindone, and Mayor Padilla ABSENT: Councilmembers: Davis (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 · INTRODUCTION BY MAYOR PADILLA OF THE EMPLOYEE OF THE MONTH, NATALIE FLORES, EXECUTIVE SECRETARY FOR THE MAYOR AND CITY COUNCIL Mayor Padilla read the proclamation and presented it to Ms. Flores. . OATHS OF OFFICE: Pamela Bensoussan, Planning Commission Gary Nordstrom, Planning Commission Tracey Abston, Child Care Commission Deputy City Clerk Bennett administered the oaths of office to Pamela Bensoussan, Gary Nordstrom, and Tracey Abston; and Councilmember McCann presented them with certificates of appointment. · Councilmember McCann recognized the Chula Vista North Pony-13 All-Star Team, Western Zone Champions, who recently participated in the Pony League World Series Tournament and came in third overall. League President Sol Corona and Coach Danny Hernandez introduced the team members, and Councilmember McCann presented each with a pin. · PRESENTATION BY CHUCK COLE, PRESIDENT AND WES LUJAN, LEGISLATIVE ADVOCATE OF ADVOCATION, INe. ON THE STATE BUDGET, LEGISLATION AND EVENTS CURRENTLY AFFECTING CITY GOVERNMENT IN SACRAMENTO This item was postponed to a future date, and there was no discussion. Page I - Council Minutes August 9, 2005 CONSENT CALENDAR (Items I through 7) Regarding Item I, Councilmember Castaneda stated that he would abstain from voting on the minutes for July 12, 2005, as he was not present at the meeting. With reference to Item 6, Councilmember Castaneda expressed concern about waiving the consultant selection process, stating that the City needs to provide the opportunity for companies and individuals to compete for contracts. He also requested that staff provide a report to the Council on the proposed outreach methods for stonn water education to limited English-speaking members of the community. ACTION: Councilmember Castaneda moved to continue Item 6 to the meeting of August 23,2005. Councilmember McCann seconded the motion, and it carried 4-0. 1. APPROVAL OF MINUTES of the Regular Meetings of July 12, July 19, and July 26, 2005, and the Adjourned Regular Meeting of August 2, 2005. Staff recommendation: Council approve the minutes. 2. ORDINANCE NO. 3016, ORDINANCE OF THE CITY OF CHULA VISTA AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN COMMUNITY FACILITIES DISTRICT NO. 12-M (VILLAGE 7; SECOND READING)) Proceedings were previously initiated for the fonnation of Community Facilities District (CFD) 12-M. On July 19,2005, a special tax election for CFD 12-M was conducted. Adoption of the ordinance authorizes the levy of special taxes within CFD 12-M. This district will fund the perpetual operation and maintenance of slopes, medians, parkways and stonn water treatment facilities associated with Village 7. The City has retained the services of MuniFinancial as special tax consultant and Best Best and Krieger, LLP as legal counsel to provide assistance during the proceedings. This ordinance was introduced on July 26, 2005. (City Engineer) Staff recommendation: Council adopt the ordinance. 3. RESOLUTION NO. 2005-274, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2005/2006 LIBRARY DEPARTMENT BUDGET BY APPROPRIATING A ONE-TIME UNANTICIPATED GRANT REVENUE IN THE AMOUNT OF $6,000 FOR THE LOCAL HISTORY DIGITAL RESOURCES PROGRAM The Chula Vista Public Library recently received a one-time grant award from Library Services and Technology Act funds in the amount of $6,000 for Fiscal Year 2006 for the Local History Digital Resources Program. (Assistant City Manager Palmer) Staffrecommendation: Council adopt the resolution. Page 2 - Council Minutes August 9, 2005 CONSENT CALENDAR (Continued) 4. RESOLUTION NO. 2005-275, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA REJECTING BIDS AND DIRECTING THE CITY ENGINEER TO RE-ADVERTISE THE UPGRADE OF TRAFFIC SIGNAL AT SECOND AVENUE AND H STREET (PROJECT TF-326/TF-31 I) Sealed bids were received from three electrical contractors for this project on June 22, 2005. All bids were found to be incomplete and, per the City Attorney's recommendation, shall be rejected. (City Engineer) Staffrecomrnendation: Council adopt the resolution. 5. RESOLUTION NO. 2005-276, RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA TO SET A PUBLIC HEARING FOR SEPTEMBER 13, 2005 TO CONSIDER V ACA TING A PEDESTRIAN ACCESS EASEMENT CONNECTING EAST RIENSTRA STREET AND THE APOLLO II CONDOMINIUM COMPLEX The City is considering vacating a pedestrian access easement connecting East Rienstra Street and the Apollo II Condominium Complex, located off Melrose Avenue, north of Orange Avenue. The Paul Miller Company, representative of the Apollo II Homeowners Association and the owner of the property located at 274 East Rienstra Street, has requested the vacation of the above-mentioned easement. In order to vacate this easement, Council must first set a public hearing to consider the vacation. (City Engineer) Staff recommendation: Council adopt the resolution. 6. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE CONSULTANT SELECTION PROCESS AS IMPRACTICAL AND APPROVING AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND "I LOVE A CLEAN SAN DIEGO, INC." FOR THE DEVELOPMENT AND IMPLEMENTATION OF STORM WATER PUBLIC EDUCATION AND OUTREACH PROGRAMS, REQUIRED PURSUANT TO THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) MUNICIPAL PERMIT, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY The National Pollutant Discharge Elimination System (NPDES) Municipal Permit (Order No. 2001-01), issued by the California Regional Water Quality Control Board (Regional Board), requires Co-permittees to implement, among other things, public education and outreach programs with the goal of increasing public awareness regarding protection and improvement of regional and local water resources and preservation of their beneficial uses. Staff has determined that, in order to enhance existing activities and increase the overall effectiveness of the City's compliance program, the NPDES public education and outreach program must be broadened to include all stakeholders, including environmental groups, local water agencies, local schools, businesses, developers, community groups, the Nature Center, and others. (Director of Public Works Operations) Staff recommendation: Council adopt the resolution. Page 3 - Council Minutes August 9, 2005 CONSENT CALENDAR (Continued) 7. RESOLUTION NO. 2005-277, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING THE 2005 GMOC ANNUAL REPORT, APPROVING THE RECOMMENDATIONS CONTAINED THEREIN, AND DIRECTING THE CITY MANAGER TO UNDERTAKE ACTIONS NECESSARY TO IMPLEMENT THOSE RECOMMENDATIONS AS PRESENTED IN THE "2005 GMOC RECOMMENDATIONS/PROPOSED IMPLEMENTING ACTIONS SUMMARY" On June 23, 2005 the Council held a public hearing on the GMOC 2005 annual report. The report evaluates the current status of the City's II quality-of-life threshold standards and identifies issues over the next five years. In addition, the GMOC has forwarded a set of recommendations regarding the update of the growth management program. (Director of Planning and Building) Staff recommendation: Council adopt the resolution. ACTION: Mayor Padilla moved to approve staff's recommendations on Items 1 through 5 and Item 7, headings read, texts waived. The motion carried 4-0, except on the minutes for July 12, 2005 in Item I, which carried 3-0-1 with Councilmember Castaneda abstaining, as he was not present at the meeting. ORAL COMMUNICATIONS There were none. At 7:44 p.m., Mayor Padilla recessed the City Council meeting to convene the joint City Council/Redevelopment Agency meeting. Mayor Padilla reconvened the City Council meeting at 7:58 p.m., with all members present except Councilmember Davis. PUBLIC HEARINGS 8. CONSIDERATION OF MODIFYING AN EXISTING CONDITIONAL USE PERMIT FOR SOUTHWESTERN CHRISTIAN SCHOOL Adoption of the resolution approves expansion of existing school facilities at 482 L Street to include a new administration and classroom building and establishes operational requirements, including the use of the parking lot for supervised recreation classes. (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. Mayor Padilla opened the public hearing, and appointed Counci]member Rindone to preside over the meeting. He then left the meeting at 7:58 p.m. and did not return. Page 4 - Council Minutes August 9, 2005 L PUBLIC HEARINGS (Continued) Associate Planner Walker presented the proposed Conditional Use Permit. Councilmember Rindone noted for the record letters received from I) Peggy Hupp, on behalf of the Westby Street residents, dated August 9, 2005, regarding PCC-05-031; and 2) Jack Rowe, President of Southwestern Christian Schools, received on August 4, 2005, regarding the Conditional Use Permit for the reconstruction of the Administrative Building at Southwestern Christian Schools. Victor Mendoza stated that the residents on Westby Street are not opposed to the building but do oppose the use of the parking lot as a playground because of the noise issue. He added that everyone is satisfied with the regulations as set forth in the original court order agreement that was brought forward in 1984. John Leppert, representing Leppert Engineering Corporation, reiterated that the proposed project is not intended to change any of the current school operations. He stated that the school has operated in this location for over 20 years, with very few complaints received from residents. He stated that they have maintained compliance with all of the conditions that the City imposed. He asked that they not be burdened with Condition 3B of the Planning Commission Resolution ("The applicant shall be allowed to use the south parking lot for occasional events up to 12 times a year in addition to parking usage") and that, if a condition is to be imposed, the Council consider limiting use to no more than two-hours per day for structured and supervised physical education activities and give the school the opportunity to work with the residents to mitigate their concerns. Peggy Hupp, representing the Westby Street residents, spoke regarding the document she submitted to the Council dated August 9, 2005 regarding PCC-05-03!. She expressed concern about daily noise nuisances from the students, as well as complaints from neighbors regarding debris in their yards. She requested that the school live up to the 1984 court order agreement with the neighbors that the parking lot be used for "occasional" school functions only. Michael Jones, architect for Southwestern Christian School, explained that the proposed building would not face any of the neighbors. He commented that since all playtime activities are supervised, there should be no issues regarding debris from the students in neighborhood yards. He also stated that school hours are from 8:30 a.m. to 3:00 p.m., so the parking lot would only be utilized from approximately 9:00 a.m. to 2:00 p.m. each day, with no evening activities. Hope Yamada, a computer teacher at Southwestern Christian School, stated that none of the neighbors have concerns regarding the proposed building; and, in the past two years, no complaints have been received by the school from the neighbors regarding noise issues. She stated that actual physical use ofthe back parking lot is less than 10 percent of the year. Cynthia Alston, a teacher at Southwestern Christian School, stated that all activities in the parking lot are supervised and well-organized. She believed that Ms. Hupp would not be directly affected by any noise from the school since she does not live adjacent to the back parking lot. Page 5 . Council Minutes August 9, 2005 PUBLIC HEARINGS (Continued) Karen Graham, a substitute teacher at Southwestern Christian School, believed that the school should be able to continue with the proposed school modifications since nobody has a problem with the modifications. She stated that the school is doing its best to work with the neighbors. She asked the Council to keep in mind that the school was not intending to break any agreements and suggested that perhaps there needs to be further clarification of the definition of "occasional" uses. There being no further members of the public who wished to speak, Councilmember Rindone closed the public hearing. Councilmember Rindone commented that the current school administration was not aware ofthe court order until April 2005, and he questioned whether the school had received any complaints regarding playground use since that time. Associate Planner Walker responded that no complaints had been received. Councilmember Castaneda suggested that an addendum be added to the condition stating that should the school wish to exceed 12 events per calendar year, the request would be brought forward for Council approval and notification would be given to the neighbors. Councilmember McCann believed that the Council findings should be consistent with the those contained in the court order and that the City should not be the body to interpret the court order. He expressed the need for the school and church to work together with the neighborhood to seek a solution on the issues. Councilmember Rindone moved to accept the staffrecommendation to issue the Conditional Use Permit, but not provide any other interpretation as to the definition of "occasional," with the hope that the community would work out the issues; and if not, that the condition as set forth in the court order remain in place. Councilmember Castaneda seconded the motion. Senior Assistant City Attorney Marshall asked for confirmation that Councilmember Rindone's motion was to accept the recommendation by staff on the Council Resolution, Items III A, B, C, D, and E, and to remove F ("The Applicant shall use the south parking lot solely for parking and occasional events; those events shall not be held more than 12 times in any calendar year") from the Conditional Use Permit. Councilmember Rindone responded affirmatively. Councilmember Castaneda then withdrew his second to the motion. ACTION: Councilmember Castaneda moved to continue the item to the meeting of August 23, 2005 and directed staff to I) meet with the school and neighbors to identify the annual needs of the school; and 2) work with both parties to define the meaning of "occasional." Councilmember McCann seconded the motion, and it carried 3-0. 9. CONSIDERATION OF A CONDITIONAL USE PERMIT FOR A TEMPORARY, ONE-TIME EVENT FOR AN OFF-ROAD RACETRACK IN OTAY RANCH VILLAGES TWO AND FOUR (APPLICANT: JAMES BALDWIN, OWNER OF CHAMPIONSHIP OFF-ROAD RACING) Page 6 - Council Minutes August 9, 2005 PUBLIC HEARINGS (Continued) Adoption of the resolution approves a conditional use permit for a temporary off-road racetrack in Villages Two and Four, located south of Olympic Parkway, east of the Otay landfill, and west of La Media Road. The proposed off-road racing events are planned for two consecutive weekends, September 23 - 25 and September 30 - October 2, 2005, between 10:00 a.m. and 5:00 p.m. Post-racing event activities include live entertainment between 5:00 p.m. and 7:00 p.m. (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 Rindone opened the public hearing. Associate Planner Phelps presented the proposed off-road race event. Councilmember McCann was hopeful that "Chula Vista" would be incorporated in the race name. Lydia DeNecochea, representing Racelegal.com, spoke in favor of the proposed off-road race, stating that it would offer a safer racing venue, keep streets safer, and provide an opportunity to educate youth on street -racing awareness. Ranie Hunter stated that the event would be highlighted on the speed channels, with a focus on Chula Vista. She thanked City staff for their work on the project. Councilmember Castaneda asked whether there were plans to involve neighbors who would be directly impacted by the event. Ms. Hunter responded that race organizers are working with Otay Ranch High School to publicize the event in the school's local newsletter and are partnering with the school to obtain volunteers for the event. There being no further members of the public who wished to speak, Councilmember Rindone closed the public hearing. ACTION: Councilmember McCann moved to adopt Resolution No. 2005-279, heading read, text waived: RESOLUTION NO. 2005-279, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING PROGRAM, IS-05-023, AND GRANTING A CONDITIONAL USE PERMIT, PCC-05-067, TO ALLOW A TEMPORARY OFF-ROAD RACE ON A PORTION OF THE OTAY RANCH VILLAGES TWO AND FOUR. LOCATED SOUTH OF OLYMPIC PARKWAY, EAST OF THE OTAY LANDFILL, AND WEST OF LA MEDIA ROAD Councilmember Castaneda seconded the motion, and it carried 3-0. Page 7 - Council Minutes August 9, 2005 OTHER BUSINESS 10. CITY MANAGER'S REPORTS City Manager Rowlands announced that the August 16, 2005 regular meeting would be cancelled. Additionally, meetings would not be held on August 30, 2005, as it was a fifth Tuesday of the month, or on September 6, 2005 due to Labor Day. II. MAYOR'S REPORTS A. ACTION: Ratification of appointment of Jeanne Highhouse to the Childcare Commission. Councilmember McCann moved to ratifY the appointment of Jeanne Highhouse to the Childcare Commission. Councilmember Castaneda seconded the motion, and it carried 3-0. B. Consideration of designation of a voting delegate for the 2005 League of California Cities Annual Conference to be held Thursday, October 6 through Saturday, October 8, 2005, in San Francisco. ACTION: Councilmember Castaneda moved to designate Mayor Padilla as the voting delegate. Councilmember McCann seconded the motion, and it carried 3-0. 12. COUNCIL COMMENTS Councilmember McCann hoped to see everyone at the upcoming Lemon Festival on Third Avenue on August 14,2005, from 10:00 a.m. to 5:00 p.m. CLOSED SESSION Closed Session was cancelled, and the following items were not discussed: 13. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9 · City of Chula Vista v. Evanston (San Diego Superior Court Case No. mc 818513) 14. CONFERENCE WITH LEGAL COUNSEL REGARDING THREATENED LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(B) . One case ADJOURNMENT At 9:45 p.m., Councilmember Rindone adjourned the meeting to the joint City Council/Planning Commission workshop to be held August 18, 2005 at 6:00 p.m., in the Council Chambers and thence to the Regular Meeting of August 23, 2005 at 6:00 p.m. L ;y;~ Donna Norris, C~C, Assistant City Clerk Page 8 - Council Minutes August 9, 2005