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HomeMy WebLinkAboutcc min 2005/11/01 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA November 1, 2005 4:00 P.M. A Regular Meeting of the City Council of the City of Chula Vista was called to order at 4:17 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 City Clerk Bigelow PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY . OATH OF OFFICE: Jerome Sandoval, Child Care Commission Mayor Padilla announced that this item would be re-scheduled for a future date. . INTRODUCTION BY DAN BEINTEMA, DIRECTOR OF THE NATURE CENTER, OF THE EMPLOYEE OF THE MONTH, JOYCE REMP, REGISTERED VETERINARY TECHNICIAN Nature Center Director Beintema introduced Ms. Remp. Mayor Padilla read the proclamation, and Councilmember McCann presented it to Ms. Remp. . INTRODUCTION BY POLICE CHIEF EMERSON OF NEWLY HIRED LATERAL POLICE OFFICER ROBIN DOWNEY Officer Downey was unable to be present. This item will be rescheduled for the meeting of November 15,2005. . PRESENTATION OF "EXCELLENCE IN GIVING AWARD" TO THE CITY COUNCIL BY DONALD EPPS, REPRESENTATIVE OF UNITED WAY OF SAN DIEGO COUNTY United Way representative Epps presented the award to the Mayor and City Manager, who accepted it on behalf of the City. . VIDEO PRESENTATION OF 2005 MAYOR'S AWARDS FOR NEIGHBORHOOD PRESERVATION Mayor Padilla presented a video of the 2005 award recipients and introduced those who were present in the audience. CONSENT CALENDAR (Items I through 7) Mayor Padilla announced that Item 2 would be considered with Action Items. 1. RESOLUTION NO. 2005-355, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DESIGNATING 470 "E" STREET AS A HISTORIC SITE AND PLACING 470 "E" STREET, THE HORACE C. NELSON HOUSE, AS HISTORIC SITE NUMBER 69 ON THE CITY OF CHULA VISTA LIST OF HISTORIC SITES IN ACCORDANCE WITH MUNICIPAL CODE SECTION 2.32.070(A) The property owners of 470 E Street have requested that their property be considered for inclusion on Chula Vista's List of Historic Sites. The Resource Conservation Commission considered the designation of the property at its September 19, 2005 meeting and recommends approval. (Planning and Building Director) Staff recommendation: Council adopt the resolution. 2. Item 2 was moved to Action Items and considered following Item 10. 3. RESOLUTION NO. 2005-358, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING CONTRACT FOR THE UPGRADE OF THE TRAFFIC SIGNAL AT SECOND AVENUE AND H STREET PROJECT (TF-326/TF-311) TO HMS CONSTRUCTION, INCORPORATED AND APPROPRIATING FUNDS AS A LOAN FROM TRAFFIC SIGNAL FUNDS (4/5THS VOTE REQUIRED) On September 14, 2005, sealed bids were received for this project. The project provides for the upgrade of the traffic signal at Second A venue and H Street. Adoption of the resolution awards the subject project to HMS Construction, Incorporated and appropriates an additional $71,660 from the traffic signal fund for completing the project. A reimbursement of up to $95,040 toward the total estimated project cost of $130,000 will be received from a Hazard Elimination Safety (HES) grant upon completion of the project in early summer 2006. (City Engineer) Staff recommendation: Council adopt the resolution. 4A. RESOLUTION NO. 2005-359, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA TO CREATE THE POSITION OF FIRE PREVENTION ENGINEER B. RESOLUTION NO. 2005-360, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2006 FIRE DEPARTMENT BUDGET BY APPROPRIATING $61,968 FROM THE AVAILABLE BALANCE OF THE GENERAL FUND TO ADD ONE FIRE PREVENTION ENGINEER AND APPROPRIATING $45,810 FROM THE AVAILABLE BALANCE OF THE PUBLIC FACILITIES DEVELOPMENT IMPACT FUND TO PURCHASE AND OUTFIT ONE PICK-UP TRUCK AND RELATED FURNISHINGS, UNIFORMS AND EQUIPMENT (4/5THS VOTE REQUIRED) Page 2 - Council Minutes http://www.chulavistaca.gov November 1, 2005 CONSENT CALENDAR (continued) The Fire Department recommends the addition of one Fire Prevention Engineer to the fire prevention line of business. The addition of this position is necessary in order to ensure that the current workload demands resulting from the current pace of growth are addressed. (Fire Chief) Staff recommendation: Adopt the resolutions. 5. RESOLUTION NO. 2005-361, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $100,000 FROM THE OFFICE FOR DOMESTIC PREPAREDNESS AND APPROPRIATING SAID FUNDS TO THE FISCAL YEAR 2005/2006 CAPITAL BUDGET OF THE POLICE DEPARTMENT FOR THE BUFFER ZONE PROTECTION PROGRAM (4/5THS VOTE REQUIRED) The Office of Domestic Preparedness has allocated $ I 00,000 to the Police Department to address two sites identified as critical infrastructure sites in Chula Vista. Funds from the Fiscal Year 2005 Buffer Zone Protection Program will allow the City to acquire equipment necessary to implement protective measures that will reduce vulnerabilities around the two identified sites. (Police Chief) Staff recommendation: Council adopt the resolution. 6. RESOLUTION NO. 2005-362. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE AMENDMENT TO OTAY VALLEY REGIONAL PARK JOINT EXERCISE POWERS AGREEMENT (JEPA) BETWEEN THE COUNTY OF SAN DIEGO AND THE CITIES OF CHULA VISTA AND SAN DIEGO AND AUTHORIZING THE MAYOR TO SIGN THE AMENDED AGREEMENT Over the past 15 years, the City of Chula Vista, the County of San Diego, and the City of San Diego have worked successfully together to plan and acquire land for the Otay Valley Regional Park. Over 750 acres of property have been acquired for public park purposes, and it is now necessary to amend the joint exercise of powers agreement in order to provide guidance for the operation and maintenance of the park as trails and other recreation facilities are being established, as well as to care for the property now in public ownership. The proposed resolution amends the joint agreement to add language that will accomplish this. (Planning and Building Director) Staff recommendation: Council adopt the following resolution: 7. RESOLUTION NO. 2005-363, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING REQUEST FROM THE CHULA VISTA HIGH SCHOOL BAND AND PAGEANTRY CORPS AND THE CHULA VISTA SCHOOL FOR THE CREATIVE AND PERFORMING ARTS TO CONDUCT THE NINTH ANNUAL BAND REVIEW, AUTHORIZING TEMPORARY STREET CLOSURES AND WAIVING CITY FEES FOR POLICE SERVICES Page 3 - Council Minutes http://www.chulavistaca.gov November 1,2005 CONSENT CALENDAR (continued) Adoption of the resolution approves the request of the Chula Vista High School Band and Pageantry Corps, in conjunction with the Chula Vista School for the Creative and Performing Arts, to conduct an organized band review on Saturday, November 12, 2005. (Chief of Police, Director of Human Resources, Director of Public Works) Staff recommendation: Council adopt the resolution. ACTION: Mayor Padilla moved to approve staff's recommendations and offered Consent Calendar Items I and 3 through 7, headings read, texts waived. The motion carried 4-0 except on Item I, which carried 3-0-1, with Councilmember Rindone abstaining due to the proximity of his residence to the property. With regard to Item 4A, Councilmember Castaneda requested implementation as soon as possible of a Public Safety Committee to address future staffing needs. Regarding Item 6, Mayor Padilla requested the commitment of funding; and Councilmember Castaneda requested a mid-year review and a commitment of funds to ensure adequate maintenance. PUBLIC COMMENTS Jacque McQuade stated that the presentation on the neighborhood preservation awards was beautifully done and that she was proud to live in Chula Vista. PUBLIC HEARINGS 8. CONSIDERATION OF THE PROPOSED ASSESSMENT OF CERTAIN DELINQUENT SEWER SERVICE CHARGES AS RECORDED LIENS UPON THE RESPECTIVE OWNER-OCCUPIED PARCELS OF LAND AND PLACEMENT OF DELINQUENT CHARGES ON THE NEXT REGULAR TAX BILL FOR COLLECTION In order to adequately protect the City's interest in delinquent sewer service charges and ensure that collection efforts are directed towards the responsible property owner in the event of a change in ownership, staff recommends approval for liens against affected properties as a preliminary action to placing the delinquencies on the property tax rolls if they remain unpaid. Adoption of the proposed resolutions enhances the collection process for delinquent sewer service charges by ensuring that the correct property owners are charged and that payment is received on a timelier basis. This is the identical process approved by the Council since August 1998. (Finance Director) 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. No members of the public wished to speak to the item. ACTION: Councilmember Rindone moved to continue the public hearing to November 15, 2005. Councilmember McCann seconded the motion, and it carried 4-0 with regard to Item 8A and 3-0-1 with regard to Item 8B, with Councilmember Castaneda abstaining due to the proximity of a piece of land in which he has an interest to a delinquent parcel. Page 4 . Council Minutes http://www .chulavistaca.gov November], 2005 ----.-- I ~ PUBLIC HEARINGS (continued) 9. CONSIDERATION OF THE PROPOSED ASSESSMENT OF CERTAIN DELINQUENT SOLID WASTE SERVICE CHARGES AS RECORDED LIENS UPON THE RESPECTIVE PARCELS OF LAND AND PLACEMENT OF DELINQUENT CHARGES ON THE NEXT REGULAR TAX BILL FOR COLLECTION In order to adequately protect the City's interest in delinquent solid waste service charges and ensure that collection efforts are directed towards the responsible property owner in the event of a change in ownership, staff recommends approval for liens against affected properties as a preliminary action to placing the delinquencies on the property tax rolls if they remain unpaid. Adoption of the proposed resolutions enhances the collection process for delinquent solid waste service charges by reducing the amount of uncollectible losses and ensures that payment is received on a more timely basis. This is the identical process approved by the Council on a regular basis since mid-200l. (Finance Director) 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. No members of the public wished to speak to the item. ACTION: Councilmember Rindone moved to continue the public hearing to November 15, 2005. Mayor Padilla seconded the motion, and it carried 4-0 on Item 9A; 3-0-1 on Item 9B, with Councilmember McCann abstaining due to the proximity of a piece of land in which he has an interest to a delinquent parcel; and 3-0-1 on Item 9C, with Councilmember Castaneda abstaining due to the proximity of a piece of land in which he has an interest to a delinquent parcel. 10. CONSIDERATION OF PROPOSED AMENDMENTS TO CHULA VISTA MUNICIPAL CODE SECTION 2.66.043 TO AUTHORIZE POSTING OF "NO ALCOHOL" SIGNS AT MEMORIAL, EUCALYPTUS, FRIENDSHIP AND LAUDERBACH PARKS, AND TO ALLOW AN EXCEPTION THAT PERMITS POSSESSION AND CONSUMPTION UNDER THE TERMS OF A LEASE, OPERATING AGREEMENT OR PERMIT ISSUED BY THE DIRECTOR OF RECREATION, DIRECTOR OF PUBLIC WORKS, OR THE CITY MANAGER OR THEIR DESIGNEE In response to concerns by members of the community about safety in four City parks, the Police Department, Public Works Operations, and Recreation Department recommend the installation of signs prohibiting the possession andJor consumption of alcoholic beverages as required by Municipal Code Section 2.66.043. They also recommend the Municipal Code be amended to allow an exception which permits possession and/or consumption under the terms of a lease, operating agreement or permit issued by the Public Works Director, Recreation Director or City Manager or their designee. (Police ChieflPublic Works Operations Director/Parks and Recreation Director) Page 5 - Council Minutes http://www .chulavistaca.gov November J. 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. No members of the public wished to speak to the item. ACTION: Councilmember McCann moved to continue the public hearing to November 15, 2005. Councilmember Castaneda seconded the motion, and it carried 4-0. Councilmember Castaneda stated he had issued a Council referral regarding the need for a comprehensive program covering all City parks, which should be addressed by the Public Safety Committee, when formed. Councilmember Rindone asked that the topic of banning alcohol in City parks be addressed in a workshop format. Mayor Padilla asked that the topic of forming a Public Safety Committee be brought back on a future agenda for Council direction. ACTION ITEMS Item No.2 was heard at this time. 2A. RESOLUTION NO. 2005-356, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE ACQUlSITION/FINANCING AGREEMENT PERTAINING TO COMMUNITY FACILITIES DISTRICT NO. 12-1 (MCMILLIN OTAY RANCH VILLAGE SEVEN), AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY B. RESOLUTION NO. 2005-357, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA. ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 12-1 (MCMILLIN OTAY RANCH VILLAGE SEVEN), AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF SPECIAL TAX BONDS OF THE DISTRICT, APPROVING THE FORM OF BOND INDENTURE, BOND PURCHASE AGREEMENT, PRELIMINARY OFFICIAL STATEMENT AND OTHER DOCUMENTS RELATED THERETO AND AUTHORIZING CERTAIN ACTIONS IN CONNECTION WITH THE ISSUANCE OF SUCH BONDS On August 23, 2005, the City Council held the public hearing forming and establishing Community Facilities District No. 12-1 (CFD 12-1). The district was formed for the purpose of providing for the financing and acquisition of certain authorized public facilities. On September 13, 2005, the City Council heard the election results, which declared that 100% of the votes cast were in favor of the authorization to issue bonds of the district. The first reading of the ordinance to authorize the levy of a special tax was also heard at that time. Adoption of the resolutions continues the formal proceedings with regard to Community Facilities District No. 12-1. (City Engineer) ACTION: Councilmember McCann offered Resolutions 2005-356 and 2005-357, headings read, texts waived. The motion carried 4-0. Page 6 - Council Minutes http://www.chulavistaca.gov November 1,2005 ACTION ITEMS (continued) II. REPORT; POTENTIAL EDITS TO THE DRAFT GENERAL PLAN UPDATE REGARDING TRANSIT FOCUS AREAS At the October 4, 2005 City Council meeting, the Mayor indicated his desire to have an option before the Council for consideration as part of the General Plan Update (GPU) that would provide for a maximum of mid-rise development for all of the property located within the Transit Focus Area (TFA) at Third and H Street. Based on subsequent direction from the pty Manager's office, staff has developed draft potential GPU edits that could accomplish this, and would further clarify design considerations for development within all TFA designated areas. Staff has prepared these edits for Council review as an option to consider at the GPU hearing in December. (Plarming and Building Director) Councilmember Castaneda recused himself from participation in discussion on the item due to activities of members of his family with regard to the Espanada project and pending a ruling from the Fair Political Practices Commission. He then left the dais. Mayor Padilla stated for the record that the Council had been provided with a copy of correspondence addressed to City Attorney Ann Moore, dated October 28, 2005, from Attorney Greg Vega of Seltzer, Caplan, McMahon Vitek with respect to Item 11. Mr. Vega, who represents Espanada Chula Vista LLC, requested that the item be continued to provide him an opportunity to study the suggested edits and provide input. Mayor Padilla clarified that the proposed action at this time is to direct staff to prepare an alternative to be brought back for Council consideration at the adoption hearing in December. Mayor Padilla stated that there was sufficient time between now and December for Mr. Vega and/or his client to provide input, up to and including testimony at the public hearing, on any suggested edits. Advanced Plarming Manager Batchelder provided an overview of the General Plan update, including proposed edits to the transit corridor special study area, and responded to questions of the Council. Patricia Aguilar, representing Crossroads II, thanked and congratulated the Mayor for his leadership on the issue and expressed hope that this meeting would mark a new spirit of collaboration and cooperation between the .community and elected representatives. Sharon Floyd spoke regarding an e-mail previously submitted to the Council in support of designating the transit service area at Third and H Street for mid-rise rather than high-rise buildings. Earl Jentz, representing the Roosevelt Street Steering Committee, spoke in support of the proposed edits and complemented the Mayor and City Council for being willing to meet and listen to Chula Vista citizens. Further, he expressed hope that the groups and City would move forward together. Laura Hunter, representing the Environmental Health Coalition, expressed support for the direction being taken on the proposed edits, the use of language including harmonizing change and the vision of the Council, and the continued special plarming efforts. Page 7 - Council Minutes http://www .chulavistaca.gov November I, 2005 ACTION ITEMS (continued) ACTION: Mayor Padilla moved to direct staff to bring back the proposed edits as another GPU option to consider at the GPU hearing in December. Councilmember McCann seconded the motion, and it carried 3-0-1, with Councilmember Castaneda abstaining and not present in the Chambers due to the activities of family members with regard to the Espanada project and pending a ruling from the Fair Political Practices Commission. 12. CONSIDERATION OF ACCEPTANCE OF FUNDING FROM THE U.S. DEPARTMENT OF JUSTICE'S OFFICE OF COMMUNITY ORIENTED POLICING SERVICES FOR THE UNIVERSAL HIRING PROGRAM GRANT TO ADD ELEVEN PEACE OFFICERS TO THE POLICE DEPARTMENT AND APPROPRIATING FUNDS THEREFOR. The Police Department has received funding from the U.S. Department of Justice's Office of Community Oriented Policing Services to partially fund the hiring of IS officers. The program will fund up to $75,000 per officer over a three-year grant period. Appropriations for II officers are requested at this time, and the remaining four officers will be addressed during the strategic plan implementation. (Police Chief) ACTION: Councilmember McCann offered the resolution, heading read, text waived: RESOLUTION NO. 2005-264. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $1,125,000 FROM THE U.S. DEPARTMENT OF JUSTICE'S OFFICE OF COMMUNITY ORIENTED POLICING SERVICES FOR THE UNIVERSAL HIRING PROGRAM GRANT, ADDING ELEVEN PEACE OFFICERS TO THE AUTHORIZED STAFFING LEVEL OF THE POLICE DEPARTMENT AND APPROPRIATING FUNDS THEREFOR (4/5THS VOTE REQUIRED) The motion carried 4-0. OTHER BUSINESS 13. CITY MANAGER'S REPORTS With regard to Item 12, City Manager Rowlands suggested that, with Council permission, he would work with Mayor Padilla and Councilmember Castaneda as an ad-hoc committee to prepare a report regarding the establishment of a Public Safety Committee to be brought back to Council for action. He then provided an update on the actions taken to select a Director of the Chula Vista Redevelopment Corporation, stating that a request for proposals was sent to 34 recruiting firms, and responses are due by November 10, 2005. The Council will have an opportunity to interview the top firms. He then distributed a list of applicants for the four appointee positions and asked the Council to review the list, indicate on the list the applicants they would like to interview, and forward the list to Assistant City Manager Smith by November 3, 2005, so that the Mayor's Office can schedule interviews in mid-November. Page 8 - Council Minutes http://www .chulavistaca.gov November 1, 2005 ~ OTHER BUSINESS (Continued) 14. MAYOR'S REPORTS Mayor Padilla stated that he attended Baykeeper's 10th anniversary celebration at the Hotel Del Coronado. The organization is now known as Coastkeeper. He also requested a report back in 60 days on the Alpine Minot undergrounding and street condition issues, along with possible options, and suggested that when prioritizing projects, staff consider that the neighbors have taken the initiative on this request. Additionally, he encouraged everyone to participate in the Chula Vista cleanup event scheduled for Saturday, November 5. 15. COUNCIL COMMENTS With regard to the Mayor's comments on the Alpine Minot undergrounding project, Councilmember Rindone asked the Council not to negate its prior commitment to the Nolan Way neighborhood off of L Street. He also requested a report back on the 1993-2005 residential units permitted and requested additional information as to what units had been excluded and the reason they were omitted. Additionally, although the City has a healthy reserve, he recommended the City remain cautious and look closely at mid-cycle recommendations for appropriations. Councilmember Castaneda stated that a significant number of well-qualified candidates participated in the recruitment process for Director of the San Diego Centre City Development Corporation. He suggested that perhaps the City could save time and money by following up on those candidates who might be qualified for the Director of the Redevelopment Corporation. Councilmember McCann thanked staff for issuing the request for proposals for the Chula Vista Redevelopment Corporation. He then reported that he attended the Veteran's Home Fleet Week Celebration and the grand opening of the third Wal-Mart in Chula Vista. He also thanked the Mayor for presenting the beautification award video, commended individual citizens for improving the community, and asked that the video be made available on the City's web site, if possible. CLOSED SESSION Closed Session was cancelled, and the following item was not discussed: 16. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) . Workers' Compensation Appeals Board, Case no. SDO 0195270 ADJOURNMENT At 6:16 p.m., Mayor Padilla adjourned the meeting to the Regular Meeting of November 15, 2005, at 6:00 p.m. in the Council Chambers, noting that the Regular Meeting of November 8, 2005 has been cancelled. -i U.c'-u-.~~ Susan Bigelow, MMC, City Clerk Page 9 - Council Minutes http://www.chulavistaca.gov November 1. 2005