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HomeMy WebLinkAboutcc min 2005/09/20 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA September 20, 2005 6:00 P.M. A Regular Meeting of the City Council of the City of Chula Vista was called to order at 6: II 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 (arrived at 6:25 p.m.) ABSENT: Councilmembers: Davis (excused) 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: Angela Brill and Jan Buddingh, Jr. - Board of Appeals and Advisors Norma Toothman - Charter Review Commission Ann Perry - Commission on Aging Tiffany Vinson, Ron Bolles, and Richard Wedin - Cultural Arts Commission Yolanda Calvo and David Bringas - Design Review Committee Matthew Waters and Joe Little - Growth Management Oversight Commission Armida Martin Del Campo - Housing Advisory Commission Aya Ibarra and Rita Legaspi - International Friendship Commission Georgie Stillman and Eric Mosolgo - Resource Conservation Commission City Clerk Bigelow administered the oaths of office to all commissioners except Brill, Del Campo, Legaspi and Wedin, who were not present. Councilmember McCann presented each with a certificate of appointment. · PRESENTATION OF A PROCLAMATION BY MAYOR PADILLA TO ED CHEW, ADMINISTRATIVE SERVICES MANAGER OF THE CHULA VISTA POLICE DEPARTMENT, IRENE STILLINGS, EXECUTIVE DIRECTOR OF THE SAN DIEGO REGIONAL ENERGY OFFICE, CECILIA AGUILLON OF KYOCERA, AND BUZZ SCHOTT OF SDG&E/SEMPRA, PROCLAIMING SEPTEMBER 25 TO OCTOBER 1,2005 SOLAR ENERGY WEEK SPECIAL ORDERS OF THE DAY (continued) Mayor Padilla read the proclamation, and Councilmember McCann presented it to Administrative Services Manager Chew of the Chula Vista Police Department, Executive Director Stillings of the San Diego Regional Energy Office, Ms. Aguillon of Kyocera, and Mr. Solomon of SDG&E/Sempra. . PRESENTATION BY KENT HAMMOND, DIRECTOR OF MOBILE RECRUITMENT, SAN DIEGO BLOOD BANK, OF AN AWARD TO RICK MATKIN, BUILDING SERVICES MANAGER, AND LORRAINE BENNETT, DEPUTY CITY CLERK, ON BEHALF OF THE CITY, FOR THE 2005 OUTSTANDING COMMUNITY BLOOD DRIVE Mr. Hammond, presented Building Services Manager Matkin and Deputy City Clerk Bennett with the award. CONSENT CALENDAR (Items 1 through 19) Item 8 was removed ITom the Consent Calendar for discussion at the request of a citizen and was considered at this time, before the balance of the Consent Calendar. 1. ORDINANCE NO. 3020, ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTION 2.05.010, RELATING TO THE ESTABLISHMENT OF UNCLASSIFIED POSITIONS TO ADD AN ANIMAL CONTROL MANAGER (SECOND READING; 4/5THS VOTE REQUIRED) Adoption of the ordinance adds the position of Animal Control Manager to Municipal Code section 2.05.010. Effective the pay period beginning on December 23, 2005, the classification of Animal Control Manager will be changed from middle management to an unclassified position in senior management to better reflect the duties of this position. This ordinance was introduced September 13, 2005. (Director of Budget and Analysis) Staff recommendation: Council adopt the ordinance. 2. ORDINANCE NO. 3021, ORDINANCE OF THE CITY OF CHULA VISTA AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN COMMUNITY FACILITIES DISTRICT NO. 12-1 (MCMILLIN OTAY RANCH VILLAGE SEVEN; SECOND READING) On July 12, 2005, Council approved the Resolution of Intention to establish Community Facilities District No. 12-1 (CFD 12-1). On August 23, 2005, the Council adopted resolutions to form and establish CFD 12-1, and to declare the necessity to incur bonded indebtedness. On August 30, 2005, a special election of eligible property owners was held at the City Clerk's office for the purpose of voting on the formation of CFD 12-1. Adoption of the ordinance authorizes the levy of a special tax within the district. This ordinance was introduced September 13, 2005. (City Engineer) Staff recommendation: Council adopt the ordinance. Page 2 - Council Minutes http://www.chulavistaca.gov September 20, 2005 CONSENT CALENDAR (continued) 3 A. RESOLUTION NO. 2005-318, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING A MAP SHOWING THE BOUNDARIES OF THE TERRITORY PROPOSED TO BE INCLUDED IN COMMUNITY FACILITIES DISTRICT NO. 13-1 (OTA Y RANCH VILLAGE SEVEN) B. RESOLUTION NO. 2005-319, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DECLARING ITS INTENTION TO ESTABLISH COMMUNITY FACILITIES DISTRICT NO. 13-1 (OTAY RANCH VILLAGE SEVEN), AND TO AUTHORIZE THE LEVY OF A SPECIAL TAX THEREIN TO FINANCE THE ACQUISITION OR CONSTRUCTION OF CERTAIN PUBLIC FACILITIES C. RESOLUTION NO. 2005-320, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ORDERING AND DIRECTING THE PREPARATION OF A REPORT FOR PROPOSED COMMUNITY FACILITIES DISTRICT NO. 13-1 (OT A Y RANCH VILLAGE SEVEN) D. RESOLUTION NO. 2005-321. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DECLARING THE NECESSITY OF COMMUNITY FACILITIES DISTRICT NO. 13-1 (OTAY RANCH VILLAGE SEVEN) TO INCUR A BONDED INDEBTEDNESS SECURED BY SPECIAL TAXES TO PAY FOR THE ACQUISITION OR CONSTRUCTION OF CERTAIN PUBLIC FACILITIES Otay Project, L.P., LLC requested the initiation of proceedings to form a Community Facilities District for the acquisition or construction of public facilities serving the properties within Village Seven. Adoption of the resolutions is the first step in the proceedings. (City Engineer) Staff recommendation: Council adopt the resolutions. 4. RESOLUTION NO. 2005-322, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE CITY MANAGER TO SIGN AN AMENDED AGREEMENT WITH SANDAG FOR TRANSPORTATION DEMAND MANAGEMENT GRANT IMPLEMENTATION; TO SIGN THREE AGREEMENTS WITH THE SAN DIEGO COUNTY AIR POLLUTION CONTROL DISTRICT REGARDING COMPLIANCE WITH THE GRANT SCOPE OF WORK; AND TO SIGN A CONTRACT WITH COACH USA TO SUPPLY TRANSIT SERVICES On April 20, 2004, the Council accepted the Transportation Demand Management (TDM) grant from the County Air Pollution Control District (APCD), and authorized the City Manager to sign an agreement with the San Diego Association of Goverrunents (SANDAG) to assist the City in this effort. Since then, the APCD has required that the City enter into an agreement with the APCD and not through SANDAG, as originally understood, to implement the approved scope of work. This requirement necessitates an amendment to the current agreement. (Director of Planning and Building) Staff recommendation: Council adopt the resolution. Page 3 - Council Minutes http://www .chuJavistaca.gov September 20, 2005 CONSENT CALENDAR (continued) 5. RESOLUTION NO. 2005-323, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING AND APPROPRIATING A DONATION IN THE AMOUNT OF $1,500 FROM THE DOWNTOWN BUSINESS ASSOCIATION (4/5THS VOTE REQUIRED) The animal care facility has received a donation in the amount of $1,500 from the Downtown Business Association. Staff is recommending the donation be used to add new holding medical kennels in the sally port area of the Animal Care Facility. (Director of General Services) Staff recommendation: Council adopt the resolution. 6. RESOLUTION NO. 2005-324, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE APPLICATION FOR AND ACCEPTANCE OF STATE OF CALIFORNIA COMMUNITY-BASED TRANSPORTATION PLANNING GRANT FROM THE STATE OF CALIFORNIA FOR THE EASTERN UNIVERSITY DISTRICT TRANSIT PLAN PROJECT, AND AUTHORIZING THE COMMITMENT OF IN-KIND MATCHING FUNDS THEREFOR The Eastern University District Plan for the master planned Otay Ranch community is based heavily on a rapid transit network that will link Otay Ranch's town centers, a university campus, a regional technology park, and other urban centers in the region. The City will conduct a series of studies that will form a framework for the transit network within those centers. The Community-Based Transportation Planning grant is state- funded, will provide $201,560, and requires a local match of $50,390 that the City will provide in staff time. (Director of Planning and Building) Staff recommendation: Council adopt the resolution. 7. RESOLUTION NO. 2005-325, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING AND APPROPRIATING $57,157 IN UNANTICIPATED REVENUES FROM THE CALIFORNIA DEPARTMENT OF CONSERVATION, BEVERAGE CONTAINER RECYCLING AND LITTER REDUCTION ACTIVITIES GRANT PROGRAM (4/5THS VOTE REQUIRED) The California Department of Conservation annually distributes $10.5 million to eligible cities and counties specifically for beverage container recycling and litter reduction activities. On July 12, 2005 the Council authorized staff to apply for the grant, and as a result, the City was awarded $57,157. (Director of General Services) Staff recommendation: Council adopt the resolution. Page 4 - Council Minutes http://www.chulavistaca.gov September 20, 2005 CONSENT CALENDAR (continued) Item 8 was actually removed from the Consent Calendar and considered prior to the balance of the Consent Calendar. 8 A. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTION 2.05.010 TO ESTABLISH THE UNCLASSIFIED POSITION OF COAST ALIENVIRONMENT AL POLICY CONSULTANT TO THE MAYOR (4/5THS VOTE REQUIRED) B. RESOLUTION NO. 2005-326. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING AMENDMENTS TO THE OFFICE OF THE MAYOR AND COUNCIL'S BUDGET, AND APPROPRIATING FUNDS THEREFOR (4/5THS VOTE REQUIRED) The City is in the process of developing a number of planning documents and projects to provide a framework to enhance and revitalize the social and economic vitality of the City. To adequately prepare for these complex proposals, it is recommended that the City hire a policy advisor to the Mayor to assist with general policy issues, including coastal, environmental and land use issues. Approval of the ordinance and resolution authorizes an additional support position in the Office of the Mayor and Council with expertise in these areas, and budget adjustments to meet the needs of the department. (City Manager) Staff recommendation: Council place the ordinance on first reading and adopt the resolution. Councilmember Rindone expressed dissatisfaction that the state fails to provide funding for staff to support Coastal Commissioners and asked that the issue of at least partial state funding be addressed on the City's next legislative report to the City's lobbyist. He also stated that although the position is budgeted at the highest level (step E), it may not be necessary to hire someone starting at the top step. Additionally. he stated his concern with the security portion of the item and believed that it should be considered as a separate policy issue, rather than combined with this item. Mayor Padilla noted that both the Legislature and Governor continue to reduce the Commission's budget, although the state continues to pay travel expenses. Jackie McQuiad presented II questions concerning the proposed position on behalf of seniors at Norman Park Center. ACTION: Mayor Padilla offered the ordinance (Item 8A) for first reading and the resolution (Item 8B) for adoption. headings read, texts waived. The motion carried 4-0. ACTION: Councilmember Rindone moved to approve staffs recommendations and offered Consent Calendar Items I through 7, headings read, texts waived. The motion carried 4-0. Page 5 - Council Minutes http://www .chulavistaca.gov September 20, 2005 ORAL COMMUNICATIONS Patricia Aguilar, representing Crossroads II, spoke regarding the planned pre-design public workshop regarding the Third A venue redevelopment area and expressed disappointment with the new "expo" format. She asked that staff be directed to hold another workshop in addition to the expo to encourage public participation and input. PUBLIC HEARINGS 9. CONSIDERATION OF ADOPTION OF A RESOLUTION AND AN ORDINANCE RELATING TO THE ADJUSTMENT OF PARKLAND ACQUISITION AND DEVELOPMENT FEES In July 2004, the Council increased the parkland acquisition and development (PAD) fees for parkland acquisition and development. Since that time, land values have increased substantially, generating the need to adjust the parkland acquisition component of the fee. The proposed increases will ensure that sufficient PAD fee funds are available for the City to meet park facilities thresholds. (Director of General Services) 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 hearing. ACTION: Councilmember Castaneda moved to continue the hearing to October II, 2005, at the request of staff. Councilmember McCann seconded the motion, and it carried 4-0. ACTION ITEMS 10. 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 (Continued from August 9, 2005) ACTION: Councilmember McCann moved to continue this item to October 4, 2005, at the request of staff. Councilmember Castaneda seconded the motion, and it carried 4-0. Page 6 - Council Minutes http://www.chulavistaca.gov September 20, 2005 ACTION ITEMS (Continued) II. REPORT REGARDING REGULATIONS FOR SECOND DWELLING UNITS IN SINGLE-F AMIL Y ZONES The Council requested a report on the status of the City's regulations for second dwelIing units prompted by concerns the City has heard from several neighbors in three different neighborhoods where second units are under construction. Based on an initial investigation of the various neighborhood concerns, staff found the units in question to be in compliance with the City's existing zoning ordinance. (Director of Planning and Building) The following people were present and spoke in opposition to second dwelIing units currently being built in their neighborhoods: WilIiam Bailey Yancy Sr. Jose Orizaga Hanna Lanier Shirley Meyer Frank Luzzaro Susan Luzzaro Patricia Aguilar, representing Crossroads II, expressed concern about second units from a global standpoint because of their potential to change existing single-family neighborhoods. She also mentioned a conflict between the ordinance and General Plan Update as proposed. Scott Vinson spoke of private ownership rights and asked the Council not to tighten restrictions since less than 12% ofthe public can now purchase homes. Mike Spethman spoke in support of maintaining the 850 square-foot standards. ACTION: Mayor Padilla moved to refer the second dwelling unit ordinance to the Planning Commission and bring it back to the Council as soon as possible thereafter with staffs evaluation of (1) the conformity of the units discussed at this meeting, (2) a means to notify affected residents and those requesting to be notified of future meetings pertaining to second dwelIing units, and (3) possibly curtailing further development while considering the ordinance changes. Councilmember McCann seconded the motion, and it carried 4-0. Councilmember Rindone asked staff to specifically relay concerns expressed by residents to the Planning Commission regarding privacy issues, elevation requirements, parking, and notification of neighborhood residents. He also requested staff to provide a report on the square footage of each of the 58 second dwelIing units that have been built, along with the average square footage, so the Council can consider the possibility of reducing the maximum allowable square footage. Page 7 - Council Minutes http://www .chulavistaca.gov September 20. 2005 OTHER BUSINESS 12. CITY MANAGER'S REPORTS There were none. 13. MAYOR'S REPORTS Mayor Padilla announced that Deputy Mayor Davis continues to receive treatment and is doing well, and he asked the City Clerk or City Attorney to prepare an agenda report citing the Charter language relating to excusing absences of Councilmembers due to temporary illness. 14. COUNCIL COMMENTS Councilmember Rindone encouraged everyone to attend and participate in the annual Bonitafest being held this weekend. Councilmember Castaneda reported that the City would be hosting informational meetings regarding our energy future in an attempt to obtain public feedback and identify priorities. The first meeting will be held at the South Chula Vista Library, 389 Orange, on October lOth at 6:00 p.m., and the second will be at the Rancho del Rey Fire Station, 850 Paseo Ranchero, October 220d from 10:00 a.m. to I :00 pm. Councilmember McCann commended the Olympic Training Center on its successful lOth anniversary celebration held last weekend. He also stated that he was stepping in for Deputy Mayor Davis as Chair of the Christmas in October program, which will revamp six houses on October 15th. He invited the Mayor and Councilmembers to attend and participate. CLOSED SESSION 15. PUBLIC EMPLOYEE APPOINTMENT PURSUANT TO GOVERNMENT CODE SECTION 54957 . Assistant City Manager and Assistant City Manager/Community Development Director ACTION: It was the consensus of the Council to ratify the appointments of Laurie Madigan as Assistant City Manager over Special Projects and Dana Smith as Assistant City Manager/Community Development Director over Development Services. ADJOURNMENT: At 9:00 p.m., Mayor Padilla adjourned the meeting to the Regular Meeting of October 4, 2005, at 4:00 p.m. in the Council Chambers. , . ~ ~tLJ-~~ Susan Bigelow, MMC, City Clerk Page 8 - Council Minutes http://www.chulavistaca.gov September 20, 2005