HomeMy WebLinkAboutcc min 2006/01/10
MINUTES OF A REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF CHULA VISTA
January IO, 2006
6:00 P.M.
A Regular Meeting of the City Council of the City of Chula Vista was called to order at 6:07
p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California.
ROLL CALL:
PRESENT:
Councilmembers:
Castaneda (arrived at 6:13 p.m.), Chavez,
McCann, Rindone, and Mayor Padilla
ABSENT:
Councilmembers:
None
ALSO PRESENT: City Manager Rowland, City Attorney Moore, and City Clerk
Bigelow
PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE
SPECIAL ORDERS OF THE DAY
. INTRODUCTION BY BUCK MARTIN, RECREATION DIRECTOR, OF THE
EMPLOYEE OF THE MONTH, VICTORIA TOM, RECREATION SUPERVISOR III
Recreation Director Martin introduced the employee of the month, Victoria Tom. Mayor Padilla
read the proclamation, and Deputy Mayor McCann presented it to Ms. Tom.
Mayor Padilla requested a moment of silence in memory of Chula Vista Police Officer Rich
Carter, who passed away on Saturday.
. PRESENTATION BY DR. CYNTHIA BURKE, DIRECTOR OF THE CRIMINAL
RESEARCH DIVISION OF SANDAG, OF THE 2005 CHULA VISTA POLICE
DEPARTMENT RESIDENT OPINION SURVEY RESULTS
Dr. Burke was not present, and this item was removed from the agenda.
CONSENT CALENDAR
(Items I through 9)
City Attorney Moore stated that only the first part of Item 5, pertaining to code enforcement
matters, would be acted upon this evening. The second part, pertaining to potential
redevelopment matters, was continued to the next meeting. Additionally, Item 9 was removed
from the agenda pending further review. Councilmember Chavez stated she would abstain from
voting on approval of the minutes of November 22, November 29, December 6, and December 9,
2005, as she was not on the Council at the time. Deputy Mayor McCann stated he would abstain
from voting on the approval of minutes for December 9, 2005, because he was absent from the
meeting.
Page 1 - Council Minutes
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January 10,2006
CONSENT CALENDAR (Continued)
1. APPROVAL OF MINUTES of November 22, November 29, December 6, December 9,
2005.
Staff recommendation: Council approve the minutes.
2. WRITTEN COMMUNICATIONS
· Letter of resignation trom Patricia E. Chavez, member of the Resource Conservation
Commission.
Staff recommendation: Council accept the resignation and direct the City Clerk to
post the vacancy in accordance with the Maddy Act.
3. RESOLUTION NO. 2006-001, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING A BUDGET TRANSFER OF $500,000 FROM
"PAVEMENT REHABILITATION 05-06" (STL-315) TO A NEWLY CREATED
CAPITAL IMPROVEMENT PROJECT, "PAVEMENT TESTING AND
MANAGEMENT PROJECT" (PROJECT STL-325), APPROVING AN AGREEMENT
BETWEEN THE CITY OF CHULA VISTA AND NICHOLS CONSULTING
ENGINEERS, CHTD FOR PAVEMENT TESTING AND MANAGEMENT
SERVICES, AND AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT (4/5THS VOTE REQUIRED)
The last pavement testing and evaluation took place in 2002 and concluded the original
multi-year testing program/contract that began in 1986. The current pavement
management data is outdated and no longer reflects the actual pavement condition of City
streets. Pavement assessment is recommended every three to five years. The request for
proposal process for this effort resulted in 10 responses; five consultants were
interviewed. Based on the results of the interview process and the evaluation criteria,
staff recommends that the contract for the pavement testing and management project be
awarded to Nichols Consulting Engineers, Chartered. (City Engineer)
Staff recommendation: Council adopt the resolution.
4. RESOLUTION NO. 2006-002, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA WAIVING THE FORMAL CONSULTANT SELECTION
PROCESS AND APPROVING AN AGREEMENT BETWEEN THE CITY OF CHULA
VISTA AND SHARP REES-STEELY MEDICAL GROUP, INC. FOR THE
PROVISION OF OCCUPATIONAL MEDICAL SERVICES AND AUTHORIZING
THE MAYOR TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY
Sharp Rees-Steely Medical Group, Inc. has provided occupational healthcare services to
the City since September 1993. The agreement under which these services are being
provided has not been updated since its inception. Although the existing agreement
provides for unlimited one-year extensions, it is prudent to periodically review and
update the agreement. The City has been extremely satisfied with the cost and quality
and breadth of services provided and desires to continue this relationship. (Human
Resources Director)
Staff recommendation: Council adopt the resolution.
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January 10,2006
CONSENT CALENDAR (Continued)
5. RESOLUTION NO. 2006-003, 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 MR.
WALTER SCHANUEL BY GLEN GOOGINS AS IT RELATES TO CODE
ENFORCEMENT MATTER H104-0362 BUT NOT :\S IT REL:\TES TO
PROCESSING POTENTL'\L REDEVELOPMENT PROJECTS PROPOSBD BY MR.
SCHANUEL (the crossed-out portions were not considered at this meeting.)
Former Senior Assistant City Attorney Glen R. Googins has requested that the City
Attorney confirm that his prospective representation of Mr. Walter Schanuel does not
present a conflict of interest that must be waived pursuant to California Rules of
Professional Conduct 3-310(D}. Mr. G00gias' jJf8jJesea rej'lreseatatiea y,ill be twe fela:
(l) resolHti0a 0f a jJeaaiag eoae eaforeemeRt aetioH aRa (2) jJreeessiag eHtitlemeats ana
aegotiatioa of agreemeats for the reaeYelsj'lmeRt sf jJrojJerties OYfflea by Mr. SehBffilel. It
does not appear at this time that the interests of Mr. Googins' prospective client are
adverse to the City as it relates to the code enforcement matter. Accordingly, it is
recommended that the City Council waive any potential conflict arising from Mr.
Googins' involvement in that matter. Howeyer, due ts Mr. Geegias' e](teasiye
luwwledge of the aeliseratiye jJfeeess !IRa esafiaeRtial issues sUffouadiag the adsjJtioa of
the sj'leffitiYe redevelojJmeat jJI!IR, it is ROt reesmmeaaed that the Csuneil waive the
jJoteatial esafliet sf iRterest as it relates ts the jJfOjJosea reae'ielejJffieRt of Mr. SeB.!!ffiIeI's
jJroj'lerty. (City Attorney)
Staff recommendation: Council adopt the resolution.
6. RESOLUTION NO. 2006-004, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ADOPTING THE NATIONAL INCIDENT
MANAGEMENT SYSTEM (NIMS) AS THE CITY'S EMERGENCY MANAGEMENT
SYSTEM
In Homeland Security Presidential Directive 5, the President of the United States directed
the Department of Homeland Security to develop and administer a National Incident
Management System (NIMS). NIMS will provide a standardized emergency
management system under which federal, state and local governments will be able to
work together more effectively to prepare for, prevent, respond to, and recover from
disasters. Governor Schwarzenegger, through Executive Order S-2-05, has directed the
State Offices of Emergency Management and Homeland Security to implement NIMS
and integrate it into the state's emergency management system. Beginning in fiscal year
2007, state and local jurisdictions will have to be fully NIMS-compliant in order to
continue receiving federal homeland security and disaster preparedness grants. (Chief of
Police)
Staff recommendation: Council adopt the resolution.
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January 10.2006
CONSENT CALENDAR (Continued)
7. RESOLUTION NO. 2006-005, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING $83,219 FROM THE OFFICE OF
EMERGENCY SERVICES AND APPROPRIATING FUNDS THEREFOR, WAIVING
THE CONSULTANT SELECTION PROCESS AND APPROVING THE
CONTRACTUAL AGREEMENT WITH SOUTH BAY COMMUNITY SERVICES TO
PROVIDE SERVICES FOR DOMESTIC VIOLENCE CASES (4/5THS VOTE
REQUIRED)
The Police Department and South Bay Community Services have been providing
Domestic Violence Response Team services for the past 9 years. The attached contract
formally continues those services, which include comprehensive assessments of children
and families, immediate crisis intervention and follow-up services to the victim and
children. (Police Chief)
Staff recommendation: Council adopt the resolution.
8. RESOLUTION NO. 2006-006, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING EIGHTH AMENDMENT TO AGREEMENT
BETWEEN SAN DIEGO METROPOLITAN TRANSIT SYSTEM (SDMTS) AND
CITY OF CHULA VISTA FOR UNIFIED TELEPHONE INFORMATION SYSTEM
(UTIS)
Adoption of the resolution maintains Chula Vista Transit's (CVT) participation in the
Unified Telephone Information System, a service providing CVT riders and persons
outside the region with telephone and online schedule information both on CVT and on
all fixed-route transit systems operating in the County. The proposed amendment for
Fiscal Year 2005/2006 continues CVT's participation in this regional transit information
system at a cost of$53,120.19. (Public Works Director)
Staff recommendation: Council adopt the resolution.
9. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING A MASTER LICENSE AGREEMENT WITH CRICKET
COMMUNICATIONS, INC. FOR THE INSTALLATION AND OPERATION OF UP
TO 35 WIRELESS TELECOMMUNICATIONS FACILITIES OR SUBSTANTIALLY
SIMILAR FACILITIES ON CITY-OWNED PROPERTY, SUBJECT TO ALL
NECESSARY APPROVALS, FOR A PERIOD OF FIVE YEARS WITH AN OPTION
TO RENEW FOR UP TO FIVE ADDITIONAL FIVE-YEAR TERMS
Adoption of the resolution approves a master license agreement establishing terms
between the City and Cricket Communications for the installation of up to 35 wireless
telephone facilities within Chula Vista on City property and/or City right-of-way, subject
to review by the City Manager's Office and applicable City departments. (Conservation
and Environmental Services Director)
Staff recommendation: Council adopt the resolution.
Page 4 - Council Minutes
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January 10, 2006
CONSENT CALENDAR (Continued)
ACTION:
Mayor Padilla moved to approve staffs recommendations and offered the
Consent Calendar, headings read, texts waived. The minutes of November 22,
November 29 and December 6,2005 were approved 4-0-1, with Councilmember
Chavez abstaining. The minutes of December 9,2005 were approved 3-0-2, with
Councilmember Chavez and Deputy Mayor McCann abstaining. The balance of
the consent calendar was approved 5-0.
ITEMS REMOVED FROM THE CONSENT CALENDAR
There were none.
PUBLIC COMMENTS
Marvin Winters submitted a written communication regarding storm water discharge and spoke
regarding the conduct of a City code enforcement inspector. He asked the Council to address the
issues to avoid a lawsuit. Mayor Padilla referred the matter to staff for a response.
Betsy Cory, representing the Friends of Rice Canyon, thanked everyone involved in a project
that replaced tamarisk with 150 native plants in the canyon.
Jackie Lancaster, representing Chula Vistans for Private Property Protection, asked how citizen
input to the Chula Vista Redevelopment Corporation would occur, since the projects it will
address will bypass the Planning Commission, Design Review Committee and the Resource
Conservation Commission. Mayor Padilla explained the public process that occurred to establish
the corporation and said the Mayor's Office would personally notify Ms. Lancaster of future
public meetings.
Rudy Ramirez tendered his resignation under protest as a member of the Board of Ethics, stating
that he believes the recent Council appointment was an ethical breach. He asked the Council to
take action to correct the situation.
Rebecca Bennion, member of the Chula Vista Community Collaborative Council, spoke in
support of the appointment of Councilmember Patricia Chavez.
Bill Hall stated that his review of the Council appointment process indicated no evidence of
Brown Act violations; he believed the planned process was indeed followed. Further, he hoped
the community would give Ms. Chavez a chance and set aside undue distractions from the many
issues that need to be addressed.
Lisa Cohen, CEO of the Chula Vista Chamber of Commerce, commended the Council and staff
on the process used to fill the vacancy and welcomed newly appointed Councilmember Chavez.
PUBLIC HEARINGS
10. CONSIDERATION OF A TENTATIVE SUBDIVISION MAP (PCS-03-01) AND
REZONE (PCZ-03-0 I) FOR A PROJECT KNOWN AS EL DORADO RIDGE, CHULA
VISTA TRACT 03-01, LOCATED ON THE EAST SIDE OF BRANDYWINE
AVENUE, EAST OF THE INTERSECTION OF BRANDYWINE AVENUE AND
MENDOCINO DRIVE (APPLICANT: CVHI, LLC; continued from December 6,2005)
Page 5 - Council Minutes
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January 10, 2006
PUBLIC HEARINGS (Continued)
Adoption of the ordinance and resolutions approves are-zone trom the R-l-IOH (single-
family residential, hillside modifying district) zone to the R-2-P (one- and two-family
residential) zone; adopts Precise Plan modifying district standards; and approves a
tentative condominium subdivision map to subdivide a vacant 11.46-acre lot into two
lots, including a 7.22-acre multi-family residential lot for construction of 104 attached
condominium town homes and a 4.24-acre open space lot for preservation of biological
resources and steep slopes. (Director of Planning and Building)
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.
Planning & Building Director Sandoval introduced the item, and the staff report was presented
by Associate Planner Zumwalt.
Mr. Phair, the developer, spoke in support ofthe project.
There being no members of the public who wished to speak, Mayor Padilla closed the public
hearing.
ACTION:
Councilmember McCann offered the ordinance for first reading and Resolution
Nos. 2006-007 and 2006-008 for adoption, headings read, texts waived:
.
A. RESOLUTION NO. 2006-007, RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CHULA VISTA ADOPTING
MITIGATED NEGATIVE DECLARATION AND MITIGATION
MONITORING AND REPORTING PROGRAM IS-02-045
B. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING THE
ZONING MAPS ESTABLISHED BY SECTION 19.18.010 OF THE
MUNICIPAL CODE, REZONING AN 11.46-ACRE PARCEL
LOCATED ON THE EAST SIDE OF BRANDYWINE AVENUE
ACROSS FROM MENDOCINO DRIVE FROM THE R-I-I0H (SINGLE
FAMILY RESIDENTIAL, HILLSIDE) ZONE TO THE R-2-P (ONE
AND TWO F AMIL Y RESIDENTIAL, PRECISE PLAN) ZONE; AND
ADOPTING PRECISE PLAN STANDARDS (FIRST READING)
RESOLUTION NO. 2006-008, RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CHULA VISTA APPROVING AND
ESTABLISHING CONDITIONS OF A TENTATIVE MAP TO DIVIDE
11.46 ACRES LOCATED ON THE EAST SIDE OF BRANDYWINE
AVENUE, ACROSS FROM MENDOCINO DRIVE, INTO A TWO-LOT
CONDOMINIUM SUBDIVISION CONTAINING 104 RESIDENTIAL
UNITS AND OPEN SPACE (EL DORADO RIDGE)
C.
The motion carried 5-0.
Page 6 - Council Minutes
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January 10, 2006
.
ACTION ITEMS
II. CONSIDERATION OF ESTABLISHING A COUNCIL SUBCOMMITTEE ON
PUBLIC SAFETY SERVICES
Earlier this fiscal year, Councilmember Castaneda made a staff referral regarding the
formation of a Council subcommittee on public safety-related issues. The need for such a
committee is greater than ever, given the impending completion of several major public
safety-related policy documents, including the Advanced Life Support and Ambulance
Transport Study, the Fire Facilities Master Plan, and the Police Department's strategic
business plan. (City Manager)
ACTION:
Mayor Padilla offered the resolution, heading read, text waived:
RESOLUTION NO. 2006-009, RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING A
COUNCIL SUBCOMMITTEE ON PUBLIC SAFETY SERVICES
The motion carried 5-0.
ACTION:
Mayor Padilla moved to appoint Councilmembers Castaneda and Chavez to the
subcommittee for calendar year 2006. Deputy Mayor McCann seconded the
motion, and it carried 5-0.
OTHER BUSINESS
12. CITY MANAGER REPORTS
There were none.
13. MAYOR'S REPORTS
Mayor Padilla requested a written report, at the earliest opportunity, regarding his referral of
November 1st, 2005, in which he requested a report in 60 days on the Alpine Minot
undergrounding and street condition issues and priority being given to the neighborhood, which
took the initiative on this project. He also acknowledged one legitimate criticism ofthe Council
appointment process in that the process itself was not as well communicated to the public as it
could have been. He asked that staff or the Charter Review Commission come back with a
proposed process that is consistent with the Charter; addresses the length of the remainder of the
term; delineates what has been done in practice in the past with regard to scheduling interviews;
and expand the process to address appointments to Board and Commissions, as well. Mayor
Padilla then suggested implementation of a policy that meetings held on the fourth Tuesdays of
each month be devoted primarily to workshop issues and that the business portion of these
meetings be kept light.
Page 7 - Council Minutes
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January 10.2006
14. COUNCIL COMMENTS
Councilmember Rindone asked staff to include the Council referral log, including a projected
time for resolution, in the weekly packet. He indicated that completed items could be removed
from the log. He also concurred with the Mayor's comments regarding the recent appointment
process. He then reported that he attended the 25th anniversary celebration of the Chula
VistaJOdawara Sister Cities Association, at which former Councilmember Patty Davis was
recognized for her leadership; the San Diego Unified Port District installation/recognition
luncheon, at which Port Commissioner Bill Hall was honored for his leadership; and Parkview
Elementary School, where he spoke to the Student Council. Lastly, he announced that
interviews of applicants for the Chula Vista Redevelopment Corporation are scheduled for
Thursday, January 19, at 6:00 p.m., and are open to the public.
Deputy Mayor McCann wished everyone a Happy New Year and thanked the citizens for giving
him an opportunity to serve. He reported on his attendance at the soft opening of the Veterans
Park Recreation Center and encouraged people to visit and use the facility. He then asked staff
to provide a Gant chart showing the parks scheduled to come on line and their projected
completion dates.
Councilmember Castaneda spoke regarding the public's perception of how the Council does
business and the recent Council appointment process. He asked Councilmember Chavez to
announce that she does not intend to seek election in the June primary in order to restore the
public trust. He then asked staff to docket an item for next week's meeting to allow the Council
to direct the Charter Review Commission to work with the City Attorney on specific
appointment reform proposals that the Council can consider putting on the June ballot for the
voters' consideration.
Councilmember Chavez commended City staff on the excellent jobs they do and suggested that
the City share with the community, through workshops and possibly the website, how Chula
Vista is a model city in so many ways. She then extended an invitation to her critics to contact
her to discuss their concerns.
CLOSED SESSION
15. CONFERENCE WITH LEGAL COUNSEL REGARDING INITIATION OF
LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(c)
. Two cases
This item was not discussed.
16. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION
PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a)
A. In re The Environmental Trust, Inc. (USBC # 05-02321-LAII)
This item was not discussed.
Page 8 - Council Minutes
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January 10. 2006
CLOSED SESSION (Continued)
B. Jesus Sanchez v. City ofChula Vista, et al. (USDC #04 0084 DMS)
No reportable action.
C. Melva Duran v. City ofChula Vista (SDSC #GIC847070)
This item was not discussed.
ADJOURNMENT
At 9:30 p.m., Mayor Padilla adjourned the meeting in memory of Police Officer Carter to the
Regular Meeting of January 17,2006 at 6:00 p.m. in the Council Chambers.
:; WtuJ"3Zr~
Susan Bigelow, MMC, City Clerk
Page 9 - Council Minutes
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January 10, 2006