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HomeMy WebLinkAboutcc min 2005/10/25 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA October 25,2005 6:00 P.M. A Regular Meeting of the City Council of the City of Chula Vista was called to order at 6: 13 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 Sr. Deputy City Clerk Peoples PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE Mayor Padilla, on behalf of himself and the Council, expressed deepest condolences to the family of Joshua Denton, a Bonita Vista High School student killed on his way to school Monday, as well as to the family of Rosa Parks, mother of the civil rights movement. He stated that the meeting would be adjourned in their memories. CONSENT CALENDAR (Items I through 10) I. APPROVAL OF MINUTES of the Adjourned Regular Meeting of October 4, Regular Meetings of October 4 and October II, and Special Meeting of October 18, 2005. Staff recommendation: Council approve the minutes. 2. WRITTEN COMMUNICATIONS A. Memorandum requesting an excused absence for Councilmember Rindone from the Council Meeting of October II, 2005. Staff recommendation: Council excuse the absence. B. Letter of resignation from Stacey Stevenson, member of the Child Care Commission. Staff recommendation: Council accept the resignation and direct the City Clerk to post the vacancy in accordance with the Maddy Act. 3. ORDINANCE NO. 3023, ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.26 OF THE CHULA VISTA MUNICIPAL CODE ADOPTING THE CALIFORNIA ENERGY CODE AND THE OUTDOOR LIGHTING ZONES MAP, DATED SEPTEMBER 2, 2005 (SECOND READING) CONSENT CALENDAR (continued) The state mandates that jurisdictions within the state start enforcing the 2005 California Energy Code on October 1,2005. This ordinance adopts the California Energy Code and an outdoor lighting zones map. The ordinance was introduced on October 11, 2005. (Director of Planning & Building) Staff recommendation: Council adopt the ordinance. 4. ORDINANCE NO. 3024, ORDINANCE OF THE CITY OF CHULA VISTA APPROVING A ZONE CHANGE TO THE OTAY RANCH VILLAGE SIX SECTIONAL PLANNING AREA (SPA) PLANNED COMMUNITY (PC) DISTRICT REGULATIONS LAND USE DISTRICTS MAP (SECOND READING) Otay Project, LP (Otay Ranch Company) proposes a mixed-use project in the Village Six core, along both sides of East Palomar Street, providing approximately 20,000 square feet of ground floor commercial retail space on the south side and 20 live/work shopkeeper units on the north side. The project includes 158 for-sale condominium units on both sides of East Palomar Street, between View Park Way and Magdalena Avenue, including units reserved for low-income households. The ordinance was introduced on October 11, 2005. (Director of Planning & Building) Staff recommendation: Council adopt the ordinance. 5. ORDINANCE NO. 3025, ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTION 5.36 PERTAINING TO MASSAGE PARLORS (SECOND READING) A recent review of the City's ordinance relating to massage parlors has shown that some practitioners are being licensed in Chula Vista after being denied a license in other cities within San Diego County. Some massage business practices are also unregulated in Chula Vista. The proposed ordinance updates Chula Vista's ordinance relating to massage parlors to regulate those practices and be more consistent with ordinances of other cities within San Diego County. This ordinance was introduced on October 11, 2005. (Police Chief) Staff recommendation: Council adopt the ordinance. 6. ORDINANCE NO. 3026, ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 17.10 OF THE MUNICIPAL CODE RELATING TO THE REVIEW AND ADJUSTMENT OF PARK ACQUISITION AND DEVELOPMENT FEES TO PAY FOR THE ACQUISITION OF LAND AND THE DEVELOPMENT OF PARK FACILITIES (SECOND READING) 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 ensure that sufficient PAD fee funds are available for the City to meet park facilities thresholds. This ordinance was introduced on October 11, 2005. (Director of General Services) Staff recommendation: Council adopt the ordinance. Page 2 - Council Minutes http://www .chulavistaca.gov October 25, 2005 CONSENT CALENDAR (continued) 7. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING CHANGES TO THE CHULA VISTA CONSTRUCTION STANDARDS AND SUBDIVISION MANUAL Proposed changes to federal accessibility standards were published in July 2004. At that time, the City Engineer appointed a team of City staff to review the City's current requirements, specifications, and standards for the design and construction of public work projects and update them, if necessary. As a result of the review process, staff recommends changes to both the City standards for curb ramps and the Subdivision Manual to reflect and comply with the existing and proposed regulations of the Architectural and Transportation Barriers Compliance Board. (City Engineer) Staff recommendation: Council continue this item to November 22, 2005. 8. RESOLUTION NO. 2005-349, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A CONTRACT WITH DEKRA-LITE INDUSTRIES INC. AND APPROPRIATING $53,250 FROM THE CITY'S RESIDENTIAL CONSTRUCTION TAX (RCT) FUND TO IMPLEMENT THE DOWNTOWN AMBIENT TREE LIGHTING PROGRAM (4/5THS VOTE REQUIRED) For the past six years, the City has provided armual holiday decor and tree canopy lighting in the downtown area. By separate action, the Council approved an expanded holiday decor program on October 4, 2005. While tree lighting was initially part of the holiday decor, maintaining the downtown tree lights as a year-round amenity proved to be popular with businesses and residents. Staff issued a request for proposals in early August 2005 to solicit proposals trom tree lighting companies for the most effective way to provide year-round tree lighting. Dekra- Lite Industries is proposed as the contractor for this work. (Director of Community Development) Staffrecommendation: Council adopt the resolution. 9. RESOLUTION NO. 2005-350. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE FORMAL CONSULTANT SELECTION PROCESS AND AWARDING A PURCHASING AGREEMENT TO WEIDNER INC. TO DEVELOP STRATEGIC BUSINESS PLANS FOR CITY DEPARTMENTS Adoption of the resolution awards a contract to Weidner Inc. to develop strategic business plan for City departments. Weidner's "Managing for Results" model is consistent with the City's Performance Management Framework previously adopted by the Council. Weidner Consulting has extensive experience working with public sector organizations and recently completed a strategic business plan for the Office of Communications and Fire, Police, Finance and General Services Departments. (Director of Budget and Analysis) Staff recommendation: Council adopt the resolution. Page 3 - Council Minutes http://www .chulavistaca.gov October 25,2005 CONSENT CALENDAR (continued) 10. RESOLUTION NO. 2005-351, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING A CONTRACT FOR THE TRAFFIC SIGNAL INSTALLATION AT THE INTERSECTION OF FIFTH AVENUE AND NAPLES STREET (TF-318) TO HMS CONSTRUCTION, INCORPORATED AND TRANSFERRING FUNDS THEREFOR The traffic signal installation at the subject intersection was approved and budgeted as part of the fiscal year 2005 capital improvement program. Adoption of the resolution authorizes staff to transfer funds in the amount of $28,660 to this project trom the cost savings of the traffic signal installation project at Fifth Avenue and Moss Street (TF-315). The scope of the project includes the installation of a fully actuated traffic signal system and ancillary work at the subject intersection. (City Engineer) 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 4-0. ITEMS REMOVED FROM THE CONSENT CALENDAR There were none. PUBLIC COMMENTS Susan Tellez spoke regarding accidents on East H Street at Otay Lakes Road and suggested the Council consider: I) flashing lights reading "school crossing," 2) police presence prior to the start and at the conclusion of school hours, and 3) a pedestrian bridge, funding for which could be obtained through the Safe Routes to School Program. Councilmember Rindone noted that on Monday, he asked staff to review the East H Street/Otay Lakes intersection and provide options to enhance safety. Jaime Mercado, Sweetwater Union High School District Boardmember, expressed concerns with the situation on East H Street and stated that the district would cooperate with the City in any way possible to make improvements happen. Jim Ladd, owner of a home on G Street, spoke regarding recent code enforcement activity on his property relative to a 1955 garage conversion and a sprinkler system installed ten years ago. He asked for verification that the cited violations actually violated the code when the improvements were made. Betsy Cory stated she was happy to hear that the Council was looking into safety issues on East H Street. She then stated that the Friends of Rice Canyon had a successful clean-up and that a new group, the Friends of Del Rey Canyon, had formed. Anyone interested in forming a canyon group may contact Eric Bowlby of the Sierra Club at 619.284.9399. Archie McAllister, representing the Bonita Vista High School neighborhood, spoke in support of the recommendations presented earlier by Ms. Tellez, especially the need for police presence. Page 4 - Council Minutes http://www .chulavistaca.gov October 25,2005 -~..- .-J PUBLIC COMMENTS (continued) Frank and Susan Luzzaro spoke regarding issues affecting their property as a result of their neighbor's development and the lack of consistency by City staff in interpreting and adhering to City codes. Jackie McQuade asked that speakers during Public Comments be asked to state their name and city of residence for the record, acknowledging that they are no longer required to state their specific addresses. PUBLIC HEARINGS 11. PUBLIC HEARING TO TAKE PUBLIC TESTIMONY ON THE FORMATION OF COMMUNITY FACILITIES DISTRICT NO. 13-1 (OTAY RANCH - VILLAGE SEVEN) AND TO CONSIDER THE AUTHORIZATION TO LEVY SPECIAL TAXES AND TO INCUR A BONDED INDEBTEDNESS SECURED BY SUCH SPECIAL TAXES On February I, 2005, the Council accepted the Otay Project, L.P. application and approved the initiation of proceedings to consider the formation of Community Facilities District No. 13-1 (CFD 13-1). On September 20, 2005, the Council approved the Resolution of Intention to form CFD 13-1 and the Resolution of Intention to incur a bonded indebtedness and set the public hearing for October 25,2005. CFD 13-1 will fund the construction of public facilities such as roadways for the Village Seven project. In addition, a portion of the proceeds may be authorized to be used for certain public facilities as directed by the City. Adoption of the proposed resolutions continues the formal proceedings leading to the establishment of CFD 13-1 and authorizes, subject to the approval of the qualified electors, the levy of special taxes, amendment of the rate and method of apportionment, amendment of the boundary map and issuance of bonds secured by the levy of such special taxes. (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. With no members of the public wishing to speak, Mayor Padilla closed the public hearing. ACTION: Councilmember McCann offered the following resolutions for adoption, headings read. texts waived: RESOLUTION NO. 2005-352, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING AN AMENDED BOUNDARY MAP FOR COMMUNITY FACILITIES DISTRICT NO. 13-1 (OTA Y RANCH - VILLAGE SEVEN), FORMING AND ESTABLISHING SUCH COMMUNITY FACILITIES DISTRICT AND AUTHORIZING SUBMITTAL OF LEVY OF SPECIAL TAXES WITHIN SUCH COMMUNITY FACILITIES DISTRICT TO THE QUALIFIED ELECTORS THEREOF Page 5 - Council Minutes http://www .chulavistaca.gov October 25, 2005 . PUBLIC HEARINGS (continued) RESOLUTION NO. 2005-353, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DECLARING NECESSITY TO INCUR BONDED INDEBTEDNESS FOR COMMUNITY FACILITIES DISTRICT NO. 13-1 (OTAY RANCH - VILLAGE SEVEN), SUBMITTING TO THE QUALIFIED ELECTORS OF SUCH COMMUNITY FACILITIES DISTRICT SEPARATE PROPOSITIONS TO AUTHORIZE THE LEVY OF A SPECIAL TAX THEREIN, TO AUTHORIZE SUCH COMMUNITY FACILITIES DISTRICT TO INCUR A BONDED INDEBTEDNESS SECURED BY THE LEVY OF SUCH SPECIAL TAX TO FINANCE CERTAIN TYPES OF PUBLIC FACILITIES AND TO ESTABLISH AN APPROPRIATIONS LIMIT FOR SUCH COMMUNITY FACILITIES DISTRICT, AND GIVING NOTICE THEREON The motion carried 4-0. 12. CONSIDERATION OF APPROVAL OF PCS 05-10, A TENTATIVE MAP TO SUBDIVIDE 1.08 ACRES AT 916 FOURTH AVENUE INTO A ONE-LOT CONDOMINIUM PARCEL CONTAINING IS RESIDENTIAL UNITS (APPLICANT: OAK FOURTH DEVELOPMENT, LLC.) The applicant, Oak Fourth Development LLC, has submitted an application for a tentative subdivision map to convert an existing IS-unit apartment complex to IS condominium units for individual ownership. The l.08-acre project is located at 916 Fourth Avenue. 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. Project Planner Putnam provided an overview of the staff report and responded to questions of the Council. Michael Offerman, owner of the Casa Vianney condominium complex adjacent to the west side of the project, expressed concerns with on-going irrigation and drainage issues ITom the project site that affect his property. Chuck Schrader, representing the Casa Vianney Homeowners Association, expressed concerns with trees along the west side of the project that cause damage to the complex and water drainage issues from the back of 916 Fourth Avenue that affect the complex. He asked how these would be handled once the units are sold to individuals. Wes Allen, project applicant and current property owner, responded to questions of the public and Council regarding the drainage and tree issues. Page 6 - Council Minutes http://www.chulavistaca.gov October 25. 2005 , ~ PUBLIC HEARINGS (continued) With no further members of the public wishing to speak, Mayor Padilla closed the public hearing. Principal Planner Schmitz offered additional language under condition 10 to address the removal and replacement of trees along the west side of the site. ACTION: Councilmember McCann offered the following resolution for adoption, as amended regarding condition 10, heading read, text waived: RESOLUTION NO. 2005-354, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AND ESTABLISHING CONDITIONS OF A TENTATIVE MAP TO DIVIDE INTEREST IN 1.08 ACRES AT 916 FOURTH AVENUE FOR A ONE- LOT CONDOMINIUM CONTAINING 15 RESIDENTIAL UNITS - OAK FOURTH DEVELOPMENT, LLC The motion carried 4-0. Mayor Padilla asked staff to provide a report on Title 24 requirements as they pertain to apartment conversions. OTHER BUSINESS 13. CITY MANAGER'S REPORTS There was none. 14. MAYOR'S REPORTS . Ratification of appointment of Jerome Sandoval to the Child Care Commission. Councilmember Castaneda moved to ratify the appointment of Jerome Sandoval to the Child Care Commission. Councilmember McCann seconded the motion, and it carried 4-0. 15. COUNCIL COMMENTS Councilmember McCann stated that he had represented the Council at the 30th anniversary of the YMCA and attended and congratulated Kitty Raso and family of La Bella Pizza on their 50th anniversary. He then thanked all volunteers, including Mayor Padilla and Councilmembers Castaneda and Rindone, for their participation in the recent Christmas in October program, for which he served as Honorary Chair in Councilmember Davis' absence. He also stated that he attended the South County Economic Development Commission summit, as well as the Senior Volunteer Patrol dinner. He thanked the seniors for their hard work. Page 7 - Council Minutes http://www .chulavistaca.gov October 25, 2005 . COUNCIL COMMENTS (continued) Councilmember Castaneda stated that he attended the Walk a Child to School event and saw numerous areas without sidewalks where property owners had encroached into the right-of-way, putting children at risk by forcing them to walk in the street. He asked staff to inventory the neighborhoods and focus on committing financial and grant writer resources on sidewalks leading to schools. He said he also appeared with Representative Filner at a neighborhood meeting in Otay Ranch regarding sexual predators who are released without providing prior notification to the affected neighborhoods. He encouraged citizens and the City to make their voices heard on this issue. Councilmember Rindone spoke regarding Christmas in October and acknowledged that Councilmember Davis visited all seven houses. He also stated that he attended the Scripps Hospital joint fundraiser with ScrippslMercy and extended congratulations to them. He then asked staff to (I) make sidewalks leading to elementary schools a top priority; and (2) examine the possibilities of creating an amnesty program with regard to building code upgrades and possibly waiving violation penalties if a building is brought up to code within a certain time frame. Mayor Padilla expressed appreciation to Councilmember Davis for visiting the Christmas in October sites. CLOSED SESSION 16. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) . City ofChula Vista, et al. v. CPUC (Rulemaking Nos. R-03-10-003 and R-01-1O- 024) No reportable action was taken on this item. 17. CONFERENCE WITH LEGAL COUNSEL REGARDING ANTICIPATED LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9 . One case No reportable action was taken on this item. ADJOURNMENT At 8:42 p.m., Mayor Padilla adjoumed the meeting in memory of Joshua Denton and Rosa Parks to the Regular Meeting of November 1,2005, at 4:00 p.m. in the Council Chambers. Q')fu~~ Lon Anne Peoples, CMC, Sr. Deputy City Clerk Page 8 - Council Minutes http://www .chulavistaca.gov October 25, 2005 -'