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Home My WebLink About2007/05/15 Agenda I declare under penalty of perjury that I am employed by the City of Chula Vista in the Office of the City Clerk and that I posted this document on the bulletin board accordinli~ ~ I ~ Brown Act requirements. ~ " ~ . _ S'~<<- ::~~ ~ . 0-11 ~ Signed ~ ~~~ env OF CHUlA VISTA AJ Cheryl Cox, Mayor Rudy Ramirez, Councilmember Jim Thomson, Interim City Manager John McCann, Councilmember Ann Moore, City Attorney Jerry R. Rindone, Council member Susan Bigelow, City Clerk Steve Castaneda, Councilmember May 15,2007 6:00 P.M. Council Chambers City Hall 276 Fourth Avenue CALL TO ORDER ROLL CALL: Councilmembers Castaneda, McCann, Ramirez, Rindone, and Mayor Cox PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY . PRESENTATION BY MAYOR COX OF A PROCLAMATION TO AQUATICS SUPERVISOR III, MANUEL GONZALEZ, DECLARING THE MONTH OF MAY 2007 AS NATIONAL AQUATIC MONTH IN THE CITY OF CHULA VISTA . PRESENTATION BY MAYOR COX OF A PROCLAMATION TO LUPITA JIMENEZ FOR HER YEARS OF EXEMPLARY SERVICE TO THE CHULA VISTA COMMUNITY . PRESENTATION BY PATTY CHAVEZ AND KATHY LEMBO FROM SOUTH BAY COMMUNITY SERVICES OF THE "FIRST 5 SAN DIEGO" PROGRAM REGARDING FREE HEALTH CARE SERVICES FOR SOUTH BAY RESIDENTS . DID YOU KNOW...THAT THE MONTH OF MAY IS PEACE OFFICER MEMORIAL MONTH? Presented by Captain Don Hunter CONSENT CALENDAR (Items 1 through 11) The Council will enact the Consent Calendar staff recommendations by one motion, without discussion, unless a Councilmember, a member of the public, or City staff requests that an item be removed for discussion. If you wish to speak on one of these items, please fill out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk prior to the meeting. Items pulled from the Consent Calendar will be discussed immediately folloWing the Consent Calendar. 1. APPROVAL OF MINUTES of the Regular Meeting of April 3, 2007, the Special Meetings of April 3, 5 and 12, 2007, and the Adjourned Regular Meeting of April 5, 2007. Staff recommendation: Council approve the minutes. 2. WRITTEN COMMUNICATION - Letter of resignation from Pemy Cosca-Reese, member ofthe Human Relations Commission. Staff recommendation: Council accept the resignation and direct the City Clerk to post the vacancy in accordance with Maddy Act requirements. 3. ORDINANCE OF THE CITY OF CHULA VISTA REPEALING SECTIONS 2.16.010 THROUGH 2.16.050 OF THE MUNICIPAL CODE IN THEIR ENTIRETY, ADDING NEW SECTIONS 2.16.010 AND 2.16.020, PERTAINING TO THE RECREATION DEPARTMENT, AND ADOPTING A NEW CHAPTER 2.15 PERTAINING TO THE LIBRARY DEPARTMENT (SECOND READING) Adoption of the ordinance establishes the Recreation Department and Library Department as two separate departments and assigns duties and responsibilities to their Directors. First reading of the ordinance was held on May 1, 2007. (City Clerk) Staffrecommendation: Council adopt the ordinance. 4. A. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE URBAN CORE SPECIFIC PLAN (PCM-07-01) AND RELATED REZONINGS TO IMPLEMENT THE 2005 GENERAL PLAN (SECOND READING) B. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING THE TOWN CENTRE I REDEVELOPMENT PLAN THROUGH THE ADOPTION OF THE 2007 AMENDMENT TO THE REDEVELOPMENT PLAN (SECOND READING) Adoption of the ordinances approves the Urban Core Specific Plan (PCM-07-0l) and related rezonings to implement the 2005 General Plan, and amends the Town Centre I redevelopment plan through adoption of the 2007 amendment to the redevelopment plan. First reading of these ordinances was held on April 26, 2007. (Acting Community Development Director) Staff recommendation: Council adopt the ordinances. 5. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING TITLE 5 OF THE CHULA VISTA MUNICIPAL CODE ADDING TO CHAPTER 5.44.010 PROVISIONS FOR A CONDITIONAL USE PERMIT FOR RACE TRACKS FOR VEHICLES WITH INTERNAL COMBUSTION ENGINES (SECOND READING) Page 2 - Council Agenda htto://www.chulavistaca.gov May 15,2007 An inconsistency exists between Chapter 5.44.010, which states that it is unlawful to hold races on a race track for vehicles propelled by internal combustion engines and Chapter 19.54.020.J.7, which provides that establishments or enterprises involving large assemblages of people or automobiles such as race tracks and rodeos, defined as amusement and entertainment facilities, may be permitted through a Conditional Use Permit. Amending Chapter 5.44.010 to add a final sentence stating an exception for races on a racetrack with the approval of a Conditional Use Permit will correct this inconsistency. First reading of the ordinance was held on May 1, 2007. (Planning and Building Director) Staff recommendation: Council adopt the ordinance. 6. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE CITY CLERK TO SUBMIT AN APPLICATION TO THE U.S. DEPARTMENT OF STATE, BUREAU OF CONSULAR AFFAIRS, TO DESIGNATE THE CITY CLERK'S OFFICE AS A PASSPORT ACCEPTANCE FACILITY The City Clerk's office has an opportunity to enhance customer service to the citizens, promote public relations, and generate revenue for the general fund by offering passport application services. The proposal is to provide customers with a one-stop operation, including photographs and mailing services. (City Clerk) Staffrecommendation: Council adopt the resolution. 7. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A CHANGE ORDER REQUESTED BY MCMILLIN LAND DEVELOPMENT ASSOCIATED WITH STORM DRAIN FACILITIES CONSTRUCTED IN BIRCH ROAD WITHIN THE SR-125 RIGHT-OF-WAY McMillin Land Development has submitted a payment request for reimbursement in the form of Transportation Development Impact Fee (TDIF) credits for the construction of storm drain facilities inBirch Road within the SR-125 right-of-way. The change order total of $302,206.19 is above the $50,000 limit, and therefore requires Council approval. Adoption of the resolution approves the TDIF change order for the construction of the storm drain facilities and the reimbursement to McMillin in the form of TDIF credits. (Acting Assistant City Manager/City Engineer) Staff recommendation: Council adopt the resolution. 8. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE AMENDMENT TO THE FNE- YEAR TRANSNET LOCAL STREETS AND ROADS PROGRAM OF PROJECTS FOR FISCAL YEARS 2006- 2007 THROUGH 2010-2011 FOR SUBMITTAL TO THE SAN DIEGO ASSOCIATION OF GOVERNMENTS FOR INCLUSION IN THE REGIONAL TRANSPORTATION IMPROVEMENT PROGRAM Page 3 - Council Agenda htto:llwww.chulavistaca.gov May 15, 2007 The San Diego Association of Governments has requested local agencies submit requests for amendments to existing projects included in the current Regional Transportation Improvement Program. Since the proposed capital improvement program for Fiscal Years 2007-2008 and 2008-2009, and adopted pavement rehabilitation budget involve a different allocation of funding than originally adopted on June 6, 2006, the City is required to submit an amendment to use the Transnet funds for these purposes. (Acting Assistant City Manager/City Engineer) Staff recommendation: Council adopt the resolution. 9. A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FRAMEWORK FOR AN SR-125 TOLL REDUCTION INCENTIVE PROGRAM, AUTHORIZING THE CITY MANAGER AND CITY ATTORNEY TO FINALIZE AN AGREEMENT WITH SOUTH BAY EXPRESSWAY BASED ON THIS FRAMEWORK, AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING A CAPITAL IMPROVEMENT PROJECT ENTITLED "SR-125 TOLL REDUCTION INCENTIVE PROGRAM" (STM365), AMENDING THE FISCAL YEAR 2007 CAPITAL IMPROVEMENT PROGRAM AND APPROPRIATING FUNDS FROM THE AVAILABLE BALANCE OF THE TRANSPORTATION DEVELOPMENT IMPACT FEE (TDIF) FUND THEREFOR (4/5THS VOTE REQUIRED) In May 2005, the Council approved adding a transportation demand management project to the Transportation Development Impact Fee (TDIF) program. The project included funding allocations for two specific transportation demand management programs to alleviate congestion by encouraging alternative modes of travel during the peak commuting hours. The Council will now consider the framework for a $2.2 million proposed toll incentive program for SR-125/South Bay Expressway, utilizing $1.8 million in previously allocated TDIF funds and $400,000 in toll credits from the South Bay Expressway. (Acting Assistant City Manager/City Engineer) Staff recommendation: Council adopt the resolutions. 10. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2007 BUDGET BY APPROPRIATING $620,000 FROM THE AVAILABLE BALANCE OF THE PUBLIC FACILITY DEVELOPMENT IMPACT FEE (PDIF) FUND BALANCE AND AWARDING A PURCHASE AGREEMENT IN THE AMOUNT OF $620,000 FOR TWO DRAIN CLEANING TRUCKS TO DION INTERNATIONAL TRUCKS IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF CITY OF SAN DIEGO BID 6971-05-Z AND PRICING AGREEMENT 8070191-0 (4/5THS VOTE REQUIRED) In January 2007, the San Diego Regional Water Quality Control Board adopted the new National Pollutant Discharge Elimination System (NPDES) Permit. The new permit includes many new and expanded tasks at jurisdictional, watershed, and regional levels compared to the previous permit. In order to meet the new permit compliance deadlines, it is necessary to order two vacuum-type storm drain cleaning trucks now. (Public Works Operations Director) Staff recommendation: Council adopt the resolution Page 4 - Council Agenda htto://www.chnlavistaca.gov May 15, 2007 11. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING SECTION 2.66.040 OF THE CHULA VISTA MUNICIPAL CODE TO ALLOW THE PERMITTING OF ALCOHOL DURING FACILITY RENTALS AT SALT CREEK, MONTEVALLE AND VETERANS RECREATION CENTERS AND AMENDING SECTION 2.66.015 (A) TO REDEFINE THE TERM ALCOHOLIC BEVERAGE TO INCLUDE BEER, WINE AND CHAMPAGNE ONLY (FIRST READING) The recreation department is proposing to allow the permitting of alcohol under strict standards of issuance during facility rentals at Salt Creek, Montevalle and Veterans Recreation Centers. Adoption of the ordinance revises the Chula Vista Municipal Code sections that relate to alcohol at recreation centers, in order to add the three centers to the current list of authorized facilities and to limit alcohol to beer, wine and champagne. New permitting standards and fees are also proposed as part of this staff recommendation. (Recreation Director) Staff recommendation: Council hold first reading ofthe ordinance. ITEMS REMOVED FROM THE CONSENT CALENDAR PUBLIC COMMENTS Persons speaking during Public Comments may address the Council/Authority on any subject matter within the Council/Authority's jurisdiction that is not listed as an item on the agenda. State law generally prohibits the Council//Authority from taking action on any issue not included on the agenda, but, if appropriate, the Council/Agency/Authority may schedule the topic for future discussion or refer the matter to staff. Comments are limited to three minutes. ACTION ITEMS The Item listed in this section of the agenda will be considered individually by the Council/Authority, and is expected to elicit discussion and deliberation. If you wish to speak on any item, please fill out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk prior to the meeting. 12. REPORT ON INITIATIVE PETITION REGARDING ALLOWABLE BUILDING HEIGHT LIMITS On April 17, 2007, the City Council referred the Initiative Petition Regarding Allowable Building Height Limits to staff for review and analysis, pursuant to Elections Code Section 9215. The report documents staffs analysis. (Planning and Building Director) Staff recommendation: Council accept the report and select one of the following options, pursuant to Elections Code Section 9215: Page 5 - Council Agenda htto://www.chulavistaca.gov May 15, 2007 A. Direct staff to place the ordinance, as proposed by the proponents, without alteration, on a Council Agenda for adoption within ten days; or B. Direct staff to prepare a resolution for Council adoption, placing the ordinance on the ballot at the next regular municipal election (June 3, 2008). 13. CONSIDERATION OF ADOPTION OF RESOLUTIONS ESTABLISHING A NEW CAPITAL IMPROVEMENT PROJECT ENTITLED "ALL SEASONS PARK", APPROVING A DESIGN BUILD AGREEMENT, AND APPROPRIATING FUNDS THEREFOR In 2006, the City Council approved the Master Plan for All Seasons Park, which conceptually designed and provided for the construction of a completed and fully functional 7.6-acre park. Adoption of the resolutions will establish the Capital Improvement Project and award Erickson-Hall Construction Company a Design Build Agreement for the provision of services required to design and construct the park, and appropriate funds that will enable the design phase of the project to commence. (General Services Director) Staff recommendation: Council adopt the following resolutions: A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING A NEW CAPITAL IMPROVEMENT PROJECT ENTITLED "ALL SEASONS PARK (PR279)", AND AMENDING THE FISCAL YEAR 2007 CAPITAL IMPROVEMENT PROGRAM (4/5THS VOTE REQUIRED) B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A DESIGN BUILD AGREEMENT WITH ERICKSON-HALL CONSTRUCTION COMPANY FOR THE DESIGN AND CONSTRUCTION OF ALL SEASONS PARK, LOCATED IN OTAY RANCH VILLAGE SEVEN NEIGHBORHOOD OF THE CITY OF CHULA VISTA, APPROPRIATING FUNDS THEREFOR AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT (4/5THS VOTE REQUIRED) 14. CONSIDERATION OF ASSESSMENT OF CNIC ENGAGEMENT IN CHULA VISTA BY THE INSTITUTE FOR LOCAL GOVERNMENT The Institute of Local Government has completed their report assessing civic engagement in Chula Vista and has made 46 recommendations for enhancing our current practices and including the public in matters of governance. (Planning and Building Director) Staff recommendation: recommendations. Council appoint a subcommittee to prioritize the Page 6 - Council Agenda htto://www.chulavistaca.gov May 15, 2007 OTHER BUSINESS 15. CITY MANAGER'S REPORTS 16. MAYOR'S REPORTS 17. COUNCIL COMMENTS CLOSED SESSION Announcements of actions taken in Closed Session shall be made available by noon on Wednesday following the Council Meeting at the City Attorney's office in accordance with the Ralph M. Brown Act (Government Code 54957.7). 18. CONFERENCE WITH LEGAL COUNSEL REGARDING INITIATION OF LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(c) One Case 19. CONFERENCE WITH LEGAL CONFERENCE REGARDING SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b ) Three Cases 20. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) Gerardo Fuentes v. Citv ofChula Vista, San Diego Superior Court Case No. GIS 21769 21. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) Josefina Ouinones v. City ofChula Vista, San Diego Superior Court Case No. GIS 27267 22. PUBLIC EMPLOYEE APPOINTMENT PURSUANT TO GOVERNMENT CODE SECTION 54957 Title: Deputy City Attorney II ADJOURNMENT to an Adjourned Regular Meeting with the Redevelopment Agency immediately following this meeting, and then to a Regular Meeting on May 22, 2007 at 6:00 p.m. in the Council Chambers. In compliance with the AMERICANS WITH DISABILITIES ACT The City of Chula Vista requests individuals who require special accommodations to access, attend, and/or participate in a City meeting, activity, or service request such accommodation at least forty-eight hours in advance for meetings and five days for scheduled services and activities. Please contact the City Clerk for specific information at (619) 691-5041 or Telecommunications Devices for the Deaf (TDD) at (619) 585-5655. California Relay Service is also available for the hearing impaired. Page 7 - Council Agenda httv:/ /www.chulavistaca.2:OV May 15, 2007