HomeMy WebLinkAboutcc min 2006/02/07
MINUTES OF A REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF CHULA VISTA
February 7, 2006
4:00 P.M.
A Regular Meeting of the City Council of the City of Chula Vista was called to order at 4: 13
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 City Clerk
Bigelow
PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE
SPECIAL ORDERS OF THE DAY
· INTRODUCTION BY DAVID PALMER, ASSISTANT CITY MANAGER, OF THE
EMPLOYEE OF THE MONTH, ANNA GIULIANO, ADMINISTRATIVE
SECRETARY IN THE LIBRARY
Mayor Padilla read the proclamation, and Deputy Mayor McCann presented it to the employee
of the month, Anna Giuliano.
· OATHS OF OFFICE:
Mary Alim, Childcare Commission
Susana Liston, Cultural Arts Commission
City Clerk Bigelow administered the oath of office to Commissioners Mary Alim and Susan
Liston, and Deputy Mayor McCann presented them their certificates of appointment.
· RECOGNITION BY POLICE CHIEF EMERSON OF RETIREES, CAPTAIN KEN
DYKE, AGENT CARLOS MIRANDA AND AGENT HAL KING, JR.; AND
INTRODUCTION OF LATERAL OFFICERS JOHN AUTOLINO, RUSTY NELSON,
JUAN VASQUEZ, TIM TSEKO-BIFFLE, MATTHEW SHERARD, WESLEY
MANNING AND ALAN DE LA PENA
Police Chief Emerson recognized police retirees Captain Ken Dyke, Agent Carlos Miranda, and
Agent Hal King, Jr. for their 93 years of combined service to the City. Mayor Padilla thanked
them for their years of dedicated service.
Police Chief Emerson also introduced the Department's recently hired lateral police officers.
City Clerk Bigelow then administered the oath of office to the officers.
· DID YOU KNOW...ABOUT THE LIBRARY'S MARKETPLACE SERVICE MODEL?
Presented by Assistant City Manager/Library Director David Palmer and
Principal Librarian JoAnn Jonas
Assistant City Manager Palmer briefly explained the Library's marketplace service model.
Principal Librarian JoAnn Jonas then spoke about the vibrancy of the City's three libraries and
the numerous services that are offered to the community.
CONSENT CALENDAR
(Items I through 4)
Councilmember Chavez stated that she would abstain from voting on Item No.1.
Item 3 was removed from the Consent Calendar at the request of the City Attorney
1. APPROVAL OF MINUTES of the Special Meeting of December 16,2005.
Staff recommendation: Council approve the minutes.
2. WRITTEN COMMUNICATIONS
. Letter ofresignation from Julius Bennett, Member of the Board of Ethics.
Staff recommendation: Council accept the resignation and direct the City Clerk to
post the vacancy in accordance with the Maddy Act.
.
4 A. RESOLUTION NO. 2006-031, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING STATE RECREATION GRANT FUNDS IN
THE AMOUNT OF $840,000 FOR THE PER CAPITA GRANT PROGRAM UNDER
THE CALIFORNIA CLEAN WATER, CLEAN AIR, SAFE NEIGHBORHOOD
PARKS AND COASTAL PROTECTION ACT OF 2002
.
B. RESOLUTION NO. 2006-032, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ESTABLISHING A NEW CAPITAL IMPROVEMENT
PROJECT, "EUCALYPTUS PARK - VARIOUS IMPROVEMENTS" (PR 281), AND
APPROPRIATING $140,000 FROM THE STATE RECREATION GRANT FUND
In August 2005, Council approved an application for grant funds for the Per Capita Grant
Program. A grant contract has been executed, and the City was awarded $840,000 in Per
Capita Grant funds, which will be expended through the Capital Improvement Program.
Adoption of the resolutions approves acceptance of the grant funds as necessary for
expenditure of various capital improvement projects, establishes a new capital
improvement project for improvements at Eucalyptus Park, and approves an
appropriation of$140,000 of the grant funds for that project. (General Services Director)
.
Staff recommendation: Council adopt the resolutions.
ACTION:
Deputy Mayor McCann moved to approve Consent Calendar items I, 2 and 4,
headings read, texts waived. The motion carried 5-0, except on Item I, which
carried 4-0-1 with Councilmember Chavez abstaining.
.
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ITEMS REMOVED FROM THE CONSENT CALENDAR
The following item was removed rrom the Consent Calendar at the request of the City Attorney
and continued to a future date. There was no discussion of or action taken on the item.
3. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING AN UNCONTROLLED EMBANKMENT AGREEMENT BETWEEN
THE CITY OF CHULA VISTA, THE OT A Y LAND COMPANY, AND MCMILLIN
LAND DEVELOPMENT, AND AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT
Adoption of the resolution approves an agreement that allows McMillin Land
Development to deposit soil in an "uncontrolled" fashion on property owned by the Otay
Land Company. This work is to be done in preparation for the Otay Ranch Town Center
shopping center, and to construct an access road from Olympic Parkway. In accordance
with the Municipal Code, an agreement is required for any soil deposits designated as an
uncontrolled embankment and to address the future maintenance of the embankment as
well as development of the site in which the embankment is located. (City Engineer)
PUBLIC COMMENTS
Alma Villanveva, a parent and volunteer crossing guard at Harborside Elementary School, spoke
about a pedestrian accident she recently witnessed near the school. She expressed concern about
speeding vehicles in the area, as well as an increase in traffic with the development of retail
establishments such as Costco and Target. She stated that for over a year, the community has
asked for a stop sign to be placed in the area to help mitigate the speeding vehicles. She asked
the Council for assistance on the matter. Mayor Padilla referred the matter to the City's traffic
staff, the Safety Commission, and the Public Safety Committee. Councilmember Rindone
requested that a report from staff be brought back to the Council in a timely manner.
Councilmember Castaneda stated that the Public Safety Committee would be looking at policy
decisions regarding traffic safety at its upcoming meeting.
Jackie Lancaster spoke about the petition recently circulated in the community regarding eminent
domain, stating that 14,500 signatures were turned into the City Clerk's Office. The proponents
were subsequently notified that they were 235 signatures short of the required number to place a
proposal to amend the City Charter on the ballot. She asked that the signatures be forwarded to
the Registrar of Voters to make a determination. She also asked the Council to direct the Charter
Review Commission to consider a Charter amendment. Assistant City Attorney Hull explained
that the petitions were not forwarded to the Registrar because there were an insufficient number
of signatures. Mayor Padilla added that he would be requesting a public workshop under the
Mayor's Comments portion of the agenda to discuss eminent domain.
Carrie Droptiny spoke about a pedestrian accident she recently witnessed at the intersection of
Fourth Avenue and Moss Street, as well as two other recent pedestrian accidents mentioned by
other residents over the past two weeks. She urged community leaders and citizens to take
action. She stated that the west side of the City has been neglected and spoke of the need for
basic inrrastructure. She proposed that no-right-turn signs be implemented on Fourth rrom K
Street to Palomar Street and also proposed the installation of sidewalks on the north and south
sides of Moss Street.
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PUBLIC COMMENTS (Continued)
Earl Jentz asked the Council to place the eminent domain initiative on the June ballot and let the
people decide.
Theresa Acerro requested that the eminent domain petitions be forwarded to the Registrar of
Voters and the Charter amendment placed on the June ballot.
Nick Aguilar stated that it is inappropriate for Councilmembers to perform the duties of a
translator (referring to Councilmember Chavez' translation for Alma Villanveva earlier), and he
requested that the City look at providing adequate translation services at meetings.
Gus Chavez, representing Chula Vistans for Private Property Protection and South Bay Forum,
stated that the citizens feel very strongly about the issue of eminent domain. He asked the
Council to let the people decide.
ACTION ITEMS
5.
CONSIDERATION OF ADOPTION OF THE 2006 LEGISLATIVE PROGRAM
.
The Legislative Program represents the Council's position on items likely to be acted
upon by the State Legislature, Congress, or administrative agencies. By adopting a
Legislative Program at the beginning of each two-year legislative session and amending it
at mid-term, Chula Vista is able to take a proactive role in sponsoring, supporting, or
opposing bills related to the City's various legislative priorities. (Legislative Committee,
Intergovernmental Affairs Coordinator)
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ADOPTING THE 2006 LEGISLATIVE PROGRAM
ACTION:
Mayor Padilla moved to continue the item to a future date. Deputy Mayor
McCann seconded the motion, and it carried 5-0.
Councilmember Rindone asked staff to look at what the State is contemplating in the area of
eminent domain and to apprise the Council as to what mayor may not be occurring on the
subj ect.
6.
CONSIDERATION OF ADOPTION OF A RESOLUTION AUTHORIZING A
REQUEST TO THE SAN DIEGO UNIFIED PORT DISTRICT THAT AMENDMENT
NO. I TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE SAN
DIEGO UNIFIED PORT DISTRICT AND THE CITY OF CHULA VISTA BE
AMENDED TO REALLOCATE $1,715,435 AMONG TIDELANDS PROJECTS
.
The San Diego Unified Port District (Port District) and the City of Chula Vista entered
into a Memorandum of Understanding (MOU) in 1996 that provided approximately $14.4
million in Port District capital improvement funds for tidelands projects within Chula
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ACTION ITEMS (Continued)
Vista. In 2004, the Port Board and the Council approved Amendment No. I to the MOU.
The amendment prioritized fund allocations for tidelands projects deemed critical to the
implementation of the Chula Vista Bayfront Master Plan, the joint planning effort
between the City and the Port District for redevelopment of the Chula Vista bayftont.
The MOU, as amended, designates $1,715,435 for a future loan to the Redevelopment
Agency of the City of Chula Vista. The loan will no longer be needed and staff
recommends that those MOU funds be reallocated to other tidelands projects within the
City as identified. (City Manager)
Assistant City Manager Madigan presented the staff report.
ACTION:
Councilmember Rindone offered Resolution No. 2006-033, heading read, text
waived:
RESOLUTION NO. 2006-033, RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING A
REQUEST BE MADE TO THE SAN DIEGO UNIFIED PORT
DISTRICT THAT AMENDMENT NO. I TO THE MEMORANDUM OF
UNDERSTANDING BETWEEN THE SAN DIEGO UNIFIED PORT
DISTRICT AND THE CITY OF CHULA VISTA BE AMENDED TO
REALLOCATE $1,715,435 AMONG TIDELANDS PROJECTS
The motion carried 5-0.
OTHER BUSINESS
7. CITY MANAGER REPORTS
There were none.
8. MAYOR'S REPORTS
A.
Ratification of appointment of Lynda Gilgun to the Resource Conservation
Commission.
B.
Ratification of appointment of Eloy Ledesma to the Youth Advisory Commission.
c.
Ratification of appointment of Aurora Cudal, Nancy Batterman, and Earl Jentz to
the Housing Advisory Commission.
ACTION:
Mayor Padilla moved to ratify the appointments of Lynda Gilgun, Eloy Ledesma,
and Aurora Cudal to their respective commissions. Councilmember Rindone
seconded the motion, and it carried 5-0.
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February 7, 2006
OTHER BUSINESS (Continued)
Mayor Padilla requested that the meeting be adjourned in memory of Coretta Scott King, who
was an inspiration for her strength, dignity and continued legacy of Dr. Martin Luther King.
Mayor Padilla stated that it is the responsibility of the Council to listen to the concerns of the
residents regarding eminent domain. He made the following staff requests: (1) A report to the
Council from the City Manager and City Attorney as soon as possible with information as to
legal options for placing something on the ballot in June or November; and 2) a workshop with
the Council, Charter Review Commission, Chula Vistans for Private Property Protection, and the
public to discuss eminent domain, including laws of the United States, state, City Charter, City
policies and their effects on property owners in the City.
Mayor Padilla asked staffto bring back options on how to make improvements to Alpine Minot a
priority.
,
Mayor Padilla mentioned a request by the state for a resolution in support of the Healthy Eating
and Active Communities program and suggested that the City seek ways to require healthy
snacks, rather than junk food, in City-owned vending machines. He spoke about the disturbing
rise in childhood diabetes associated with unhealthy eating and also suggested an analysis of
ways to restrict fast food establishments from locating next to schools. In addition, he proposed
placing healthy eating and active communities standards in the City's growth management
ordinance.
Mayor Padilla asked staff to examine ways to comply with state law regarding breast-feeding
facilities.
9. COUNCIL COMMENTS
Councilmember Rindone asked staff to look at options to expedite the installation of paving and
sidewalks in the areas of Fifth and Moss Streets and to return to Council with a report in 45 days.
.,
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Councilmember Rindone suggested establishing the first Thursday of each month as an official
workshop meeting date, effective the first Thursday of March 2006.
Councilmember Rindone asked staff to bring forward an item in two weeks regarding changing
the lettering on City Hall to read "Chula Vista City Hall."
Councilmember Rindone commented that the infrastructure needs of the Alpine Monot area
should not be considered in deference to other areas on the waiting list.
.
Councilmember Castaneda suggested that additional funds be allocated in the City budget to
provide for infrastructure needs and that a workshop be scheduled to discuss missing and aging
infrastructure.
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COUNCIL COMMENTS (Continued)
Councilmember Castaneda requested that the subject of eminent domain be scheduled for the
next agenda to discuss whether or not to place the item on the ballot and appropriate wording.
Councilmember Castaneda echoed the Mayor's sentiments and recommendations regarding
healthy eating and active communities, stating that the City is long overdue in becoming
involved with health issues. Councilmember Rindone requested that the City's Youth Advisory
Commission also be included in the program to provide critically needed peer support.
Deputy Mayor McCann stated that the infrastructure inadequacies on the west side of the City
must be addressed aggressively, and he suggested a 20 percent cut in Council salaries to be used
towards capital improvement projects.
Regarding eminent domain, Deputy Mayor McCann stated that the Council must take a
leadership role to resolve the issue in an expedient manner and have the matter placed on the
June ballot.
Deputy Mayor McCann invited the community to attend a meeting on February 9, 2006, at 6:00
p.m. at the Civic Center Library Auditorium, to discuss topics such as tracking sex offenders,
Internet safety, Megan's Law, and Jessica's Law.
Councilmember Chavez stated that, although the City has made great strides to provide
infrastructure in the southwest portion of the City, it is not enough. She asked staff to provide a
map at the meeting of February 21st indicating unpaved alleys and the streets that do not have
sidewalks. Additionally, she asked staff to look at gutter installations in some areas. She also
encouraged the citizens to contact their regional representatives about these issues.
Councilmember Chavez requested that staff investigate costs associated with providing
interpreting services for Council meetings, since 29 percent of the community uses Spanish as a
first language.
Councilmember Chavez spoke about the recent number of pedestrian accidents, stating that the
issue will be a focus for the Public Safety Committee in the hopes of developing a program that
would be a national model for child safety.
CLOSED SESSION
10. CONFERENCE WITH LEGAL COUNSEL REGARDING INITIATION OF
LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(c)
. One case
This item was not discussed and no action was taken.
11. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE
TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b)
. One case
This item was not discussed and no action was taken.
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CLOSED SESSION (Continued)
12. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION
PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a)
. In re: The Environmental Trust, Inc. (USBC # 05-02321-LAll)
No reportable action was taken on this item.
ADJOURNMENT
At 10:00 p.m., Deputy Mayor McCann adjourned the meeting in memory of Coretta Scott King
to the Regular Meeting of February 14,2006 at 6:00 p.m., in the Council Chambers.
~t4~~r:~
Susan Bigelow, MMC, City Clerk
Page 8 - Council Minutes
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