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HomeMy WebLinkAboutcc min 2006/01/24 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA January 24, 2006 6:00 P.M. A Regular Meeting of the City Council of the City of Chula Vista was called to order at 6:09 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Councilmembers: Castaneda, Chavez, McCann, Rindone, and Mayor Padilla ABSENT: Councilmembers: None ALSO PRESENT: City Manager Rowlands, City Attorney Moore, and Deputy City Clerk Bennett PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY . INTRODUCTION BY POLICE CHIEF EMERSON OF POLICE RECRUITS JAMES ALLEN, ERIC CARTER, TODD COTE, MATTHEW DAVISON AND BRYAN MADDOX Police Chief Emerson introduced the officers, who recently graduated from the Police Academy. Items were taken out of order, and Mayor Padilla recessed the Council Meeting at 6:14 p.m. to Closed Session to consider Items 10 and 11. The meeting reconvened at 7:20 p.m., with all members present. CONSENT CALENDAR (Items 1 through 5) 1. RESOLUTION NO. 2006-025, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING A $238,500 GRANT FROM THE HAZARD ELIMINATION SAFETY (HES) PROGRAM; AND AMENDING THE FISCAL YEAR 2006 CAPITAL IMPROVEMENT PROGRAM BUDGET BY APPROPRIATING THE GRANT FUNDS AND A $50,000 CITY MATCH INTO THE "HES IMPROVEMENTS AT 4TH AND K" PROJECT, FROM THE TRAFFIC SIGNAL FEE FUND (4/5THS VOTE REQUIRED) The City has been awarded a grant from the Hazard Elimination Safety (HES) Grant Program to help meet project costs associated with the intersection at Fourth Avenue and K Street. A local match from the traffic signal fee fund will complete the funding package. Adoption of the resolution approves funding the improvements to eliminate safety hazards and improve traffic flow at this busy intersection. ( City Engineer) Staff recommendation: Council adopt the resolution. Page 1 - Council Minutes http://www.chulavistaca."ov January 24.2006 CONSENT CALENDAR (continued) 2 A. RESOLUTION NO. 2006-026, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FINAL "B" MAPS OF CHULA VISTA TRACT NO. 99-04, SAN MIGUEL RANCH, PHASE III, PLANNING AREAS J-I, J-2, K AND L; ACCEPTING ON BEHALF OF THE CITY OF CHULA VISTA, THE VARIOUS STREETS AND EASEMENTS, ALL AS GRANTED ON SAID MAPS, WITHIN SAID SUBDIVISIONS AND APPROVING THE ASSOCIATED SUBDIVISION IMPROVEMENT AGREEMENTS FOR THE COMPLETION OF THE IMPROVEMENTS REQUIRED BY THE SUBDIVISION, AND APPROVING THE ASSOCIATED SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENTS, REQUIRING THE DEVELOPER TO COMPLY WITH CERTAIN UNFULFILLED CONDITIONS OF RESOLUTION NO. 2000-068 AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENTS . B. RESOLUTION NO. 2006-027, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE GRANT OF EASEMENTS AND MAINTENANCE AGREEMENTS FOR CHULA VISTA TRACT NO. 99-04, SAN MIGUEL RANCH, PHASE III PLANNING AREAS J-I, J-2, K AND L BETWEEN PROCTOR VALLEY WEST PARTNERS, LLC, AND CITY, REGARDING MAINTENANCE OF PRIVATE OPEN SPACE AND FACILITIES, AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENTS On February 29, 2000, the Council approved a tentative subdivision map for Chula Vista Tract 99-04, San Miguel Ranch. On August 3, 2004, Council approved San Miguel Ranch Phase 3 "A" Map No.1. Adoption of the resolutions approves Planning Areas J-I, J-2, K and L final maps within Phase 3 of San Miguel Ranch by the developer, Proctor Valley West Partners, LLC. (City Engineer) Staff recommendation: Council adopt the resolutions. 3. RESOLUTION NO. 2006-028, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE REALLOCATION OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS AND RESIDENTIAL CONSTRUCTION TAX FUNDS AMONG VARIOUS EXISTING CAPITAL IMPROVEMENT PROJECTS (4/5THS VOTE REQUIRED) Reallocation of Community Development Block Grant (CDBG) funds and Residential Construction Tax funds has become necessary in an effort to expend funds in a timely manner on various CDBG-eligible existing capital improvement projects as well as reallocate funds in older projects to current year projects and recover staff time as necessary. (General Services Director) Staff recommendation: Council adopt the resolution. Page 2 - Council Minutes http://www .chulavistaca.gov January 24, 2006 CONSENT CALENDAR (continued) 4. RESOLUTION NO. 2006-029, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE SWEETWATER UNION HIGH SCHOOL DISTRICT TO PROVIDE MIDDLE SCHOOL AFTER-SCHOOL PROGRAMS AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT The Sweetwater Union High School District has awarded the City, through its Recreation Department, a $100,542 contract for the provision of after-school programming at six Chula Vista Middle Schools. The adopted Fiscal Year 2006 Recreation Department budget includes funding for this middle school program contract. (Recreation Director) Staff recommendation: Council adopt the resolution. 5. RESOLUTION NO. 2006-030, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE SECOND AMENDMENT TO AN EXISTING CONTRACT BETWEEN THE CITY OF CHULA VISTA AND FIVE OTHER AGENCIES AND DIGITAL MAPPING, INC., FOR ORTHOPHOTOGRAPHY SERVICES The City has completed the first part of a two-phased project to create new high resolution orthophotography and two-foot contours as part of the City's Geographic Information System. The orthophotography phase was successfully completed in phase one and the second phase calls for the generation oftwo- foot contours. The new contours are important to multiple departments and are greatly in need of updating. Significant landform changes have occurred since the last citywide contour project in 1994. (MIS Director) Staff recommendation: Council adopt the resolution. ACTION: Mayor Padilla offered the Consent Calendar, headings read, texts waived. The motion carried 5-0. ITEMS REMOVED FROM THE CONSENT CALENDAR There were none. PUBLIC COMMENTS Brett Davis congratulated Councilmember Chavez on her appointment. He acknowledged that there had been speculation in the community surrounding the appointment and the process used; and he looked forward to seeing everyone come together again. Page 3 - Council Minutes http://www.chulavistaca.gov January 24, 2006 ACTION ITEMS 6. CONSIDERATION OF AN AMENDMENT TO THE MUNICIPAL CODE TO REGULATE THE PROXIMITY OF SEX OFFENDERS TO SCHOOLS AND PARKS Convicted sex offenders who have committed a sexual offense against children pose a threat to the children residing or visiting this community. Adoption of the ordinance imposes additional safety precautions to further the goal of protecting children throughout the City of Chula Vista. (Police Chief) City Attorney Moore recommended that consideration of an ordinance be continued indefinitely, pending receipt of a written response from the Fair Political Practices Commission (FPPC) with regard to a potential conflict of interest of all Councilmembers, since they each own property within 500 feet of a school or park. Councilmember McCann asked when the City should expect a response from the FPPC, since he would like this item to move forward as soon as possible. City Attorney Moore responded that the FPPC has 21 days to respond. OTHER BUSINESS 7. CITY MANAGER REPORTS There were none. 8. MAYOR'S REPORTS A. Ratification of appointment of Mary Alim to the Childcare Commission B. Ratification of appointment of Susana Liston to the Cultural Arts Commission ACTION: Mayor Padilla moved to ratifY the above-mentioned appointments. Councilmember McCann seconded the motion, and it carried 5-0. Mayor Padilla made a referral to staff to return with a report to Council on recommendations by HEAC (Healthy Eating Active Communities). He also asked staff to come back with a recommendation for Council to form a subcommittee comprised of Deputy Mayor McCann and Councilmember Chavez to work on forming neighborhood associations. Councilmember Rindone expressed the need for all Councilmembers to be able to participate with the subcommittee within their respective neighborhoods. Mayor Padilla clarified that his intent is for the subcommittee to work on the concept, benefit, and implementation of the associations, and come back to the full Council with recommendations. The intention is not to preclude any member of the Council from participating in neighborhood meetings. Page 4 - Council Minutes http://www .chulavistaca.gov January 24,2006 OTHER BUSINESS (Continued) 9. COUNCIL COMMENTS Councilmember Chavez: A. Referral regarding condominium conversions B. Update regarding neighborhood associations Council member Chavez stated that she applied for the position of Councilmember to have an opportunity to do something more for her children and the community. She then expressed the importance of neighborhood associations, with representatives trom neighborhoods, to facilitate effective communication with City staff and the community. Forming a subcommittee would be an effective way of analyzing, working with staff, and sharing information. Regarding condominium conversions, Councilmember Chavez made a staff referral that the City Attorney's Office work with the Community Development Department to proactively look at the City's current ordinance and how conversions take place. She expressed concern that with more units converted, there will be fewer rentals, which will result in increased rental prices. Councilmember Chavez also stated that she recently attended the Healthy Eating Active Communities (HEAC) meeting that included discussion about infrastructure and its effects on child safety. She believed that children who did not feel safe playing outside or walking to school would remain sedentary and dependent upon vehicular transportation to school. She asked staff to arrange for a presentation by HEAC at an upcoming meeting. Councilmember Rindone referred the following items to staff for a response: (1) possible formation of a Council subcommittee to address issues associated with childhood obesity; (2) status report regarding the Urban Core Specific Plan; (3) status report on the upcoming 100-year celebration for Chula Vista in 2011, urging the formation of a citizens advisory committee to make contacts and to utilize those who have invested in the community to help the City celebrate its success; and (4) the Office of Communications consider placing a feature in the Spotlight newsletter, listing four to five bullet points on what is going well in the City. He also spoke regarding the Chula Vista Redevelopment Corporation (CVRC), particularly the membership stipend. He noted that, in the absence of Councilmember Davis, legally allowed work continued, and all remaining Councilmembers continually did their best to advance the work of the CVRC. He stated that the CVRC incorporation and resulting bylaws authorized payments for monthly stipends. He believed that the stipends were legal and were earned by all Councilmembers acting on behalf of the CVRC. He also believed that there should have been a shorter time between the adoption of the articles of incorporation and the initial meeting of the CVRC. He suggested that the Council consider (1) suspending future monthly stipends until the initial meeting of the CVRC is held; and (2) that the Mayor and Council place a hold on payment of future stipends equal to the amount of time members have been receiving payments prior to the initial official meeting. He believed this would be the right thing to do in order to resolve the negative perception by some in the community regarding payment of the stipend and in order to positively move forward with other important issues. He asked staff to bring back a proposed resolution for consideration on February 7'h to that effect. Page 5 - Council Minutes http://www.chulavistaca.gov January 24, 2006 OTHER BUSINESS (Continued) Councilmember McCann reported that he attended the SR-125 update meeting and expressed appreciation to the citizens who attended, including the South Bay Expressway representatives. He added that future SR-125 meetings would be held for all interested parties. He also spoke in support of Councilmember Rindone's recommendations regarding stipends but expressed concern with the stipend amount of $750 per month versus the $30 per meeting that members received previously. He then handed a personal check to the City Manager for $6,000, stating that his primary obligation is to serve the City. He expressed the importance of maintaining the public trust. Councilmember Castaneda spoke in support of Councilmember Rindone's recommendation and expressed hope that the CVRC meeting would take place as scheduled, without further delay. He also spoke regarding the Council approval last week of a Public Services/Public Safety subcommittee comprised of himself and Councilmember Chavez. He expressed the need to move forward immediately with implementation of the committee, and he asked the Council to inform the committee of specific issues they would like to have addressed. He stated that he would like the committee to be opened up to all Councilmembers, City staff, and the public. He then spoke of the California Foundation meetings regarding community health issues, stating that there are beneficial payoffs in addressing youth health. He added that he was appointed to a state-wide commission on the matter and would be sharing information with that commission in an effort to best benefit our youth. He reported on attending the northwest association meeting and asked staff to work with the association to provide information, as well as ensure that adequate information and handouts are available at future meetings. Finally, Councilmember Castaneda stated that Chula Vista has the second highest concentration of mobilehome parks, many of which have become family parks. He requested that the City Attorney look at the current mobilehome rent review ordinance, or consider another method, to devise a plan to preserve a number of mobile home parks for seniors only. Mayor Padilla stated he, too, supported Councilmember Rindone's referral regarding the Chula Vista Redevelopment Corporation stipend. Additionally, regarding the mobilehome park issues, he stated that his staff has been working on the residency law issues and will consolidate their current efforts with Councilmember Castaneda's request of the City Attorney. Councilmember Chavez, with regards to the previous HEAC referrals, addressed the state law requirements relative to nursing mothers and asked staff, when reviewing the recommendations, to see if such a facility would be possible within the new City Hall. CLOSED SESSION Items 10 and 11 were heard prior to the Consent Calendar. 10. CONFERENCE WITH LEGAL COUNSEL REGARDING INITIATION OF LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(c) . One case No reportable action was taken on this item. Page 6 . Council Minutes http://www.chulavistaca.gov January 24, 2006 CLOSED SESSION (continued) I I. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b) . One case No reportable action was taken on this item. 12. PUBLIC EMPLOYEE APPOINTMENT PURSUANT TO GOVERNMENT CODE SECTION 54957 . Deputy City Attorney III ACTION: The Council ratified the appointment of Eliza Cusato as the new Deputy City Attorney III. 13. 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, and no action was taken. B. Jesus Sanchez v. City ofChula Vista, et al. (USDC #04 0084 DMS) This item was not discussed, and no action was taken. 14. CONFERENCE WITH LEGAL COUNSEL REGARDING ANTICIPATED LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9 . One Case No reportable action was taken. ADJOURNMENT At 9:10 p.m., Mayor Padilla adjourned the meeting to the Regular Meeting of February 7, 2006 at 4:00 p.m. in the Council Chambers. ------ Lorraine Bennett, Deputy City Clerk Page 7 - Council Minutes http://www.chulavistaca.gov January 24, 2006