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HomeMy WebLinkAboutcc min 2005/11/22 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA November 22, 2005 6:00 P.M. A Regular Meeting of tbe City Council of the City of Chula Vista was called to order at 6: 14 p.m. in the Council Chambers, located in the Public Services Building, 276 Fourtb Avenue, Chula Vista, California. ROLL CALL: PRESENT: Councilmembers: Castaneda, McCann, Rindone (arrived at 7:18 p.m.) and Mayor Padilla Davis (excused) ABSENT: Councilmembers: 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 . PRESENTATION BY CATHERINE HILL FROM THE LEAGUE OF CALIFORNIA CITIES OF THE HELEN PUTNAM A WARD FOR EXCELLENCE TO THE POLICE DEPARTMENT FOR ITS ANTI-BULLYING PROJECT IMPLEMENTED IN THREE CHULA VISTA ELEMENTARY SCHOOLS Catherine Hill, representative from the San Diego Division of the League of California Cities, presented the Helen Putnam Award for Excellence to Melanie Culuko, Public Safety Analyst, Police Department. . PRESENTATION BY MAYOR PADILLA TO BARBIE BROOKOVER, POLICE SUPPORT SERVICES MANAGER, OF A PROCLAMATION PROCLAIMING WEDNESDAY, NOVEMBER 30, 2005 AS LAW ENFORCEMENT RECORDS AND SUPPORT PERSONNEL DAY Mayor Padilla read the proclamation, and Councilmember McCann presented it to Ms. Brookover and representatives of the Police Department's support personnel. . PRESENTATION BY MAYOR PADILLA OF A PROCLAMATION TO JACK MITCHELL, 2005 VETERAN OF THE YEAR Mayor Padilla read tbe proclamation, and Councilmember McCann presented it to Mr. Mitchell. CONSENT CALENDAR (Items I through 10) 1. APPROVAL OF MINUTES of October 25, and November 1,2005. Staff recommendation: Council approve the minutes. CONSENT CALENDAR (Continued) 2. WRITTEN COMMUNICATIONS · Memorandum from Wendy Endaya, Secretary to the Human Relations Commission, informing Council of the resignation of Samuel Avalos. Staff recommendation: Council accept the resignation and direct the City Clerk to post the vacancy in accordance with the Maddy Act. 3. ORDINANCE NO. 3027, ORDINANCE OF THE CITY OF CHULA VISTA AMENDING MUNICIPAL CODE 2.66.043 PERMITTING POSSESSION AND CONSUMPTION OF ALCOHOL BY PERMIT DURING PARK OPERATING HOURS (SECOND READING) Adoption of the ordinance amends the Municipal Code to permit possession and/or consumption of alcohol in City parks under the terms of a lease, operating agreement or permit issued by the Public Works Director, Recreation Director or City Manager and/or their designee. This ordinance was introduced on November 15, 2005. (Police Chief, Public Works Operations Director, Parks and Recreation Director) Cris Bolton, representing South Bay Horseshoe Club, requested a lease agreement or a one-time permit for the club, which uses the park six days per week. Staff recommendation: Council adopt the ordinance. 4. RESOLUTION NO. 2005-372, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING CHANGES TO THE CHULA VISTA CONSTRUCTION STANDARDS AND SUBDIVISION MANUAL (Continued from October 25, 2005) Proposed changes to federal accessibility standards were published in July 2004. Since then, a team of City staff has reviewed the City's requirements, specifications, and standards for the design and construction of public works projects. Adoption of the resolution approves changes to the City standards for curb ramps and the Subdivision Manual to reflect and comply with the existing and proposed regulations of the Access Board. (City Engineer) Staff recommendation: Council adopt the resolution. 5 A. RESOLUTION NO. 2005-373, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. B-1 (OTAY RANCH VILLAGE SEVEN) DECLARING THE RESULTS OF A SPECIAL ELECTION IN SUCH COMMUNITY FACILITIES DISTRICT B. ORDINANCE OF THE CITY OF CHULA VISTA AUTHORIZING THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. B-1 (OTAY RANCH VILLAGE SEVEN; FIRST READING) Page 2 - Council Minutes http://www .chulavistaca.gov November 22,2005 CONSENT CALENDAR (Continued) The Council previously adopted a resolution of intention to establish Community Facilities District No. 13-1 (CFD 13-1) and to declare the necessity to incur bonded indebtedness. A special election of the eligible property owners was held on November I, 2005 to vote on the fonnation of CFD 13-1. Adoption of the resolution declares the results of that election; and adoption of the ordinance will authorize the levy of a special tax in CFD 13-1. (City Engineer) Staff Recommendation: Council adopt the resolution and place the ordinance on first reading. 6. RESOLUTION NO. 2005-374, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE APPLICATION AND, IF AWARDED. ACCEPTANCE OF A FISCAL YEAR 2006/2007 BICYCLE TRANSPORTATION ACCOUNT (BTA) PROGRAM GRANT FROM THE CALIFORNIA DEPARTMENT OF TRANSPORTATION TO FUND BICYCLE FACILITIES ON INDUSTRIAL BOULEVARD; AND AUTHORIZING THE COMMITMENT OF MATCHING FUNDS THEREFOR With a steady growth in bicycle usage and the demand for new bikeways and routes since 1996, the Bikeway Master Plan was updated in January 2005 in order to locate, develop and encourage the use of the City's bikeway system. The plan identified a key project that will develop and improve bicycle facilities along Industrial Boulevard. (City Engineer) Staff recommendation: Council adopt the resolution. 7. RESOLUTION NO. 2005-375, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE SECOND AMENDMENT TO THE AGREEMENT WITH ERICKSON-HALL CONSTRUCTION CO. WHICH WILL INCREASE THE GUARANTEED MAXIMUM PRICE (GMP) FOR THE DESIGN AND CONSTRUCTION OF HARBORSIDE PARK (CIP PR-249) LOCATED ON OXFORD STREET IN WESTERN CHULA VISTA, AUTHORIZING THE MAYOR TO EXECUTE SAID AMENDMENT AND AUTHORIZING THE TRANSFER OF FUNDS FROM THE "WESTERN CHULA VISTA INFRASTRUCTURE PROGRAM (GGI88)" TO THE "HARBORSIDE PARK (PR-249)" AS NECESSARY TO COMPLETE THE PROJECT (4/5THS VOTE REQUIRED) On October 5, 2004, the Council approved a design build agreement with Erickson-Hall Construction Co. and established the guaranteed maximum price (GMP) at $1,987,030 on May 17, 2005. The project is currently in the construction phase. Due to unanticipated materials found on the site, it has become necessary to increase the GMP to cover expenses necessary for proper material removal. (General Services Director) Staffrecommendation: Council adopt the resolution. Page 3 - Council Minutes http://www.chulavistaca.gov November 22, 2005 CONSENT CALENDAR (Continued) 8. RESOLUTION NO. 2005-376, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2006 LIBRARY DEPARTMENT BUDGET BY APPROPRIATING UNANTICIPATED EVEN START GRANT AUGMENTATION FUNDS IN THE AMOUNT OF $15,833 FOR EXPENDITURES ASSOCIATED WITH THE CHULA VISTA LITERACY TEAM'S EVEN START FAMILY LITERACY GRANT (4/5THS VOTE REQUIRED) The California Department of Education has advised the Chula Vista Public Library that its four-year Even Start grant in the amount of $166,667 has been augmented by $15,833 for fiscal year 2006. These funds must, therefore, be appropriated. (Assistant City Manager Palmer) Staff recommendation: Council adopt the resolution. 9. RESOLUTION NO. 2005-377, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA RECLASSIFYING A LIBRARIAN III POSITION TO SENIOR LIBRARIAN IN THE LIBRARY DEPARTMENT BUDGET A Librarian III currently manages the EastLake Branch Library. Due to increased patronage, the Library is requesting that this position be reclassified to a Senior Librarian. (Assistant City Manager Palmer) Staff recommendation: Council adopt the resolution. 10. RESOLUTION NO. 2005-378, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE ADDENDUM TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CHULA VISTA AND THE CHULA VISTA ELEMENTARY SCHOOL DISTRICT REGARDING JOINT OPERATION OF THE DYNAMIC AFTER SCHOOL HOURS (DASH) AND SAFE TIME FOR RECREATION, ENRICHMENT, AND TUTORING FOR CHILDREN (STRETCH) AFTER SCHOOL PROGRAMS AND APPROPRIATING FUNDS THEREFOR (4/5THS VOTE REQUIRED) Adoption of the resolution approves an addendum to the memorandum of understanding between the City and the Chula Vista Elementary School District for Fiscal Year 2005/2006 for the operation of two after-school programs at elementary school sites. (Assistant City Manager Palmer) Staff recommendation: Council adopt the resolution. 10.1 RESOLUTION NO. 2005-379, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A WAIVER OF POTENTIAL CONFLICT OF INTEREST WITH RESPECT TO PROSPECTIVE REPRESENTATION OF FLIER'S INCORPORATED Page 4 . Council Minutes http://www.chulavistaca.gov November 22, 2005 CONSENT CALENDAR (Continued) On November 16, 2005, former Senior Assistant City Attorney Glen R. Googins requested that the City Attorney confirm that Mr. Googins' prospective representation of Flier's Incorporated does not present a conflict of interest that must be waived pursuant to California Rules of Professional Conduct 3-31O(D). The decision to waive a potential conflict of interest lies with the City Council. Although there is always the potential for future conflict, it does not appear at this time that the interests of Mr. Googins' prospective client are adverse to the City. Accordingly, it is recommended that the City Council waive any potential conflict arising from the limited scope of the proposed representation. Staffrecommendation: Council adopt the resolution. ACTION: Mayor Padilla offered the Consent Calendar, headings read, texts waived. The motion carried 3-0 on Items I through 6, 9 and 10.1, with Councilmember Rindone not yet present; and 4-0 on Items 7, 8 and 10. PUBLIC COMMENTS Gregory Smith, Chair of the Economic Restructuring Committee of the Third Avenue Village Association, was concerned that retail businesses are moving out due to the delay in adopting the Urban Core Specific Plan. The area is being taken over by non-retail businesses, such as professional offices, reducing the foot traffic needed to support downtown businesses. He expressed the importance of retaining the look and feel of a small town village with first-class restaurants and up-scale retail businesses. He requested that the Council identifY the Third Avenue Village as a problem area and implement interim actions to save retail on Third Avenue. Stan Jasek concurred with the comments made by Gregory Smith and stated that the land use matrix in the Urban Core Specific Plan would go a long way to save Third A venue. He asked that staff recommend to the Council any possible action to preclude the continuance of buildings being bought by professional businesses. Dr. Richard Freeman, Senior Minister of Community Congregational Church, Vice-Chair of the Urban Core Specific Plan Committee, and member of the Downtown Business Association, recommended that the land use matrix that has come before the committee be referred to staff and brought back to the Council as soon as possible for implementation. Mr. Pemberton suggested that the City tailor businesses on the west side to serve the people who live on the west side and provide services that residents need day-to-day, rather than building high-rises. He also suggested that the Council establish rules regarding the use of eminent domain. ACTION ITEMS II. CONSIDERATION OF ESTABLISHING A CAPITAL IMPROVEMENT PROJECT FOR STORM DRAIN PIPE REHABILITATION (PROJECT DR-165), TRANSFERRING FUNDS FOR THAT PURPOSE; REJECTING THE AUGUST 17 AND SEPTEMBER 7, 2005 BIDS, AND ACCEPTING THE OCTOBER 12,2005 BIDS FOR PROJECT DR-I 65 Page 5 - Council Minutes http://www.chulavistaca.gov November 22, 2005 ACTION ITEMS (Continued) C. ACTION: ACTION: As part of an ongoing program to rehabilitate corrugated metal drainage pipe throughout the City, staff has identified a number of storm drain facilities that are deteriorated and in need of rehabilitation. This project consists of replacing those drainage facilities at three locations most in need of rehabilitation. (General Services Director) A. RESOLUTION NO. 2005-380, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING A CAPITAL IMPROVEMENT PROJECT ENTITLED CMP STORM DRAIN PIPE REHABILITATION PROGRAM (DR-165) PROJECT AND TRANSFERRING EXISTING FUNDS FROM CIP "WESTERN CHULA VISTA INFRASTRUCTURE" (GG-188) TO DR-165 FOR SAID PURPOSE RESOLUTION NO. 2005-381, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA REJECTING THE AUGUST 17 AND SEPTEMBER 7, 2005 BIDS FOR CMP STORM DRAIN PIPE REHABILITATION PROGRAM (DR-165) RESOLUTION NO. 2005-382, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING THE OCTOBER 12, 2005 BIDS AND A WARDING A CONSTRUCTION CONTRACT FOR THE CMP STORM DRAIN PIPE REHABILITATION PROGRAM (DR-165) PROJECT B. Counci1member McCann offered Resolutions 2005-381 and 2005-382, headings read, texts waived. The motion carried 3-0, with Councilmember Rindone not yet present. Mayor Padilla offered Resolution 2005-380, heading read, text waived. The motion carried 4-0. 12. CONSIDERATION OF AWARDING A CONTRACT FOR PAVEMENT REHABILITATION; AUTHORIZING THE EXPENDITURE OF ALL AVAILABLE CONTINGENCIES AND A BUDGET TRANSFER AS NECESSARY TO COMPLETE THE PROJECT On October 26, 2005, the General Services Director received sealed bids for this project. The work consists of the application of a seal coat and pavement overlay on various pavement locations in the City. The work also includes the removal/replacement of failed pavement, striping, traffic control, and other miscellaneous work, all labor, material, equipment, and transportation necessary for the project. (General Services Director) A. RESOLUTION NO. 2005-383, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS, AWARDING A CONTRACT FOR THE "PAVEMENT REHABILITATION PROGRAM FISCAL YEAR 2004/2005 OVERLAY IN THE CITY OF CHULA VISTA, CALIFORNIA" PROJECT, A COMPONENT OF THE 2005 PAVEMENT REHABILITATION PROJECT (STL-310), AND AUTHORIZING THE EXPENDITURE OF ALL AVAILABLE CONTINGENCIES AS NECESSARY TO COMPLETE THE PROJECT Page 6 - Council Minutes http://www .chulavistaca.gov November 22, 2005 ACTION ITEMS (Continued) ACTION: ACTION: B. RESOLUTION NO. 2005-384, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING A BUDGET TRANSFER IN THE AMOUNT OF $144,358 FROM THE PARKS PARKING LOT PROJECT (PR-236) TO THE "PAVEMENT REHABILITATION PROGRAM FISCAL YEAR 2004/2005 OVERLAY IN THE CITY OF CHULA VISTA, CALIFORNIA" PROJECT, A COMPONENT OF THE 2005 PAVEMENT REHABILITATION PROJECT (STL-310) AS NECESSARY TO COMPLETE THE PROJECT (4/5THS VOTE REQUIRED) Councilmember McCann offered Resolution 2005-383, heading read, text waived. The motion carried 3-0, with Councilmember Rindone not yet present. Mayor Padilla offered Resolution 2005-384, heading read, text waived. The motion carried 4-0. 13. REPORT ON UTILITY UNDERGROUNDING PROGRAM FUNDING AND PRIORITIES This report provided details on the City's utility undergrounding program, as well as estimated costs for the undergrounding districts that have not yet been constructed, and the ramifications of expediting the design and construction of L Street from Monserate Avenue to Nacion Avenue. The report outlined schedules and costs involved for the recommended alternative. (City Engineer) Senior Civil Engineer Nuhaily presented the report and next steps in the program. He indicated that staff would return to Council in 2006 with proposed changes in the undergrounding rating criteria and priorities. Norman Yaggie, representing residents of 19 homes on Norman Way, commended the Engineering staff for an excellent job and expressed appreciation for the scheduled utility undergrounding. Councilmember Castaneda requested that staff present a proposed policy to address prioritizing projects so the Council can have input on how that policy is written and implemented. ACTION: Mayor Padilla moved to accept the report. Councilmember McCann seconded the motion, and it carried 3-0, with Councilmember Rindone not yet present. 14. CONSIDERATION OF APPROVAL OF THE FORM OF THE SECOND AMENDMENT TO THE ACQUISITION/FINANCING AGREEMENT FOR COMMUNITY FACILITIES DISTRICT 2001-1 (CFD 2001-1, SAN MIGUEL RANCH), AND AUTHORIZING THE ISSUANCE OF SPECIAL TAX BONDS FOR IMPROVEMENT AREA B OF CFD 2001-1 Page 7 - Council Minutes http://www.chulavistaca.gov November 22, 2005 ACTION ITEMS (Continued) On December 4, 200], the Council established Improvement Area B in Community Faci]ities District 200]-1. The district was formed for the purpose of providing for the financing and acquisition of certain authorized public facilities. Adoption of the resolutions amends the acquisition/finance agreement for the district and authorizes the issuance of special tax bonds for Improvement Area B. (City Engineer) ACTION: Counci]member McCann offered the following resolutions, headings read, texts waived: RESOLUTION NO. 2005-385, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FORM OF THE SECOND AMENDMENT TO THE ACQUlSITION/FINANCING AGREEMENT FOR COMMUNITY FACILITIES DISTRICT NO. 200] -] (SAN MIGUEL RANCH) RESOLUTION NO. 2005-386, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 200]-] (SAN MIGUEL RANCH), AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF SPECIAL TAX BONDS OF SUCH COMMUNITY FACILITIES DISTRICT FOR IMPROVEMENT AREA B THEREOF, 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 The motion carried 3-0, with Counci]member Rindone not yet present. ]5. REPORT REGARDING THE IMPLEMENTATION OF THE DOWNTOWN PROPERTY BASED BUSINESS IMPROVEMENT DISTRICT (PBID) RENEWAL PROCESS AND POTENTIAL BOUNDARY EXPANSION This report addressed a proposal to include additional City parcels within an expanded PBID boundary. (Director of Community Deve]opment) Deputy Director of Redeve]opment Hare presented a PBID status report. Counci]member Rindone arrived at this point, 7:18 p.m. David Hoffman, Secretary for the Downtown Business Association, thanked the City for its support of the downtown village. He saw PBID as a partnership between the City, businesses, and property owners, and as an investment in downtown, not a subsidy. He presented the Council with the Downtown Business Association's accomplishments for 2005. ACTION: Mayor Padilla moved to accept the report. Counci]member Castaneda seconded the motion, and it carried 4-0. Page 8 - Council Minutes http://www.chulavistaca.gov November 22.2005 At 7:40 p.m., Mayor Padilla recessed the City Council meeting. The meeting reconvened at 7:45 p.m., with Mayor Padilla and Councilmembers Castaneda, McCann and Rindone present. OTHER BUSINESS 16. CITY MANAGER'S REPORTS City Manager Rowlands announced upcoming hearings on the General Plan Update scheduled for December 13 and December 20, 2005 at 6:00 p.m. 17. MAYOR'S REPORTS ACTION: A. Ratification of appointment of Karina Liston (Hilltop High School) to the Youth Commission. B. Ratification of appointment of Elizabeth Vargas (Castle Park Middle School) to the Youth Commission. c. Ratification of appointment of Bill Richter to the Charter Review Commission. Mayor Padilla moved to ratify the above appointments. Councilmember McCann seconded the motion, and it carried 4-0. Mayor Padilla expressed gratitude for the gifts he has received, including the honor of serving the residents of Chula Vista. He reminded everyone to be grateful for what they have and to remember the important things in life. He thanked staff for all that they do and wished everyone a happy Thanksgiving. 18. COUNCIL COMMENTS ACTION: . John McCann: Referral to staff to come back to Council with an ordinance within 60 days banning convicted sexual predators from being within 300 feet of schools, daycare centers, playgrounds, parks, amusement centers, arcades and libraries. Councilmember McCann moved to direct staff to return to Council within 60 days with an ordinance that would comply with state law and ban convicted sexual predators from being within 300 feet of schools, daycare centers, playgrounds, parks, amusement centers, arcades and libraries. Mayor Padilla seconded the motion, and it carried 4-0. Councilmember McCann requested that a link to www.meaganslaw.gov be placed on the City's website. Councilmember McCann also stated that he attended and spoke at the CAST dinner on Saturday night, and he extended thanks to Dr. Emerald Randolph and all CAST members for their work. Councilmember Rindone mentioned that he also spoke at the CAST dinner, as well as the beautification dinner, two great events hosted by the City. At 8:03 p.m., the Council recessed to Closed Session. Page 9 - Council Minutes http://www.chulavistaca.gov November 22. 2005 CLOSED SESSION 19. CONFERENCE WITH LEGAL COUNSEL REGARDING ANTICIPATED LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9 . One case This item was not discussed. 20. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) . Workers' Compensation Appeals Board, Case no. SDO 0195270 ACTION: The Council agreed to allow the City to enter into negotiations toward settlement. ADJOURNMENT At 8:35 p.m., Mayor Padilla adjourned the meeting to an Adjourned Regular Meeting on November 29,2005 at 6:00 p.m. in Executive Conference Room C-I03, located in City Hall, and thence to the Regular Meeting of December 6, 2005, at 4:00 p.m. in the Council Chambers. -c:::=iu tiu~~ Susan Bigelow, MMC, City Clerk Page 10 - Council Minutes http://www.chulavistaca.gov November 22,2005