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HomeMy WebLinkAboutcc min 2006/03/14 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA March 14,2006 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: Chavez, McCann, Rindone, Mayor Padilla ABSENT: Councilmembers: Castaneda (excused) ALSO PRESENT: Assistant City Manager Thomson, City Attorney Moore, and City Clerk Bigelow PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY . OATH OF OFFICE: Eloy Ledesma, Youth Advisory Commission City Clerk Bigelow administered the oath to Mr. Ledesma. · PRESENTATION BY MARSI STEIRER, DEPUTY DIRECTOR, CITY OF SAN DIEGO WATER DEPARTMENT, REGARDING THE WATER RE-USE STUDY Ms. Steirer made the presentation. No action was taken by the Council. · DID YOU KNOW...ABOUT ECONOMIC DEVELOPMENT'S FOCUS ON THIRD AVENUE? Presented by Denny Stone, Economic Development Manager and Lynette A. Jones, Senior Community Development Specialist This item was continued to March 2 I, 2006. CONSENT CALENDAR (Items I through 8) With regard to Item I, Councilmember Rindone noted that the two meetings for which minutes are being approved each lasted four hours and were examples of time the Councilmembers have spent on the Chula Vista Redevelopment Corporation (CVRC) prior to the first official CVRC meeting. Mayor Padilla noted he would abstain from voting on Item 2A and that the City Attorney requested that Item 5 be removed from the agenda. Councilmember Rindone commented that approval of the impartial analysis in Item 8 does not attest to the legality of the measure, which was done by the proponents' attorneys. CONSENT CALENDAR (Continued) I. APPROVAL OF MINUTES of the Adjourned Regular Meeting of January 19, 2006 and the Special Meeting of February 6, 2006. Staff recommendation: Council approve the minutes. 2. WRITTEN COMMUNICATIONS A. Memorandum from Mayor Padilla requesting an excused absence from the Council meeting of March 7, 2006. Staff recommendation: Council excuse the absence. B. Memorandum from Councilmember Castaneda requesting an excused absence from this meeting. Staff recommendation: Council excuse the absence. 3. ORDINANCE OF THE CITY OF CHULA VISTA ESTABLISHING THE SPEED LIMIT ON STONE GATE STREET BETWEEN HUNTE PARKWAY AND ADIRONDACK PLACE AT 35 MPH (FIRST READING) On September 21, 2005, staff completed an engineering and traffic survey for Stone Gate Street. Based on the results of this speed survey, and pursuant to the authority under Chula Vista Municipal Code Section 10.48.020, the City Engineer has determined that a 35 mile-per-hour speed limit should be established on Stone Gate Street between Hunte Parkway and Adirondack Place. Signs indicating a 25 mile-per-hour speed limit when children are present are posted, as required by the Chula Vista Municipal Code, near Eastlake Middle School. (City Engineer) Staff recommendation: Council place the ordinance on first reading. 4. RESOLUTION NO. 2006-078, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FINAL MAP FOR 321 RANCHO DRIVE, CHULA VISTA TRACT NO. 05-11, AND APPROVING THE ASSOCIATED SUBDIVISION IMPROVEMENT AGREEMENT AND SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT On November 23, 2004, the Council approved a tentative subdivision map for 321 Rancho Drive proposing the condominium conversion of 48 multi-family units. Approval of the final map and its associated subdivision improvement agreements will allow the applicant to have the map recorded, thus converting the existing apartments into condominiums. (City Engineer) Staff recommendation: Council adopt the resolution. Page 2 - Council Action Agenda http://www.chulavistaca.gov March ]4,2006 CONSENT CALENDAR (Continued) 5. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FINAL MAP OF SUNBOW VILLAS, CHULA VISTA TRACT NO. 05-03 FOR CONDOMINIUM PURPOSES, AND THE ASSOCIATED SUPPLEMENTAL AND SUBDIVISION AGREEMENT On March 1,2005, the Council approved a tentative subdivision map for Sunbow Villas, a project consisting of a condominium conversion of202 multi-family units. Adoption of the resolution allows the final map to record, converting the existing apartments into condominiums. (City Engineer) This item was removed from the agenda. 6. RESOLUTION NO. 2006-079, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING AND APPROPRIATING UNANTICIPATED GRANT FUNDS FROM THE HOMELAND SECURITY GRANT AND STATE EMERGENCY MANAGEMENT PERFORMANCE GRANT The Police and Fire Departments participated in a field exercise in November 2005 as part of a Countywide exercise plan and mutual aid agreements already in force. The state provides reimbursement for overtime spent at this exercise. It also provides funding for the Community Emergency Response Team (CERT) program on a year-to-year basis. San Diego County received $80,000 for this purpose and has allocated each jurisdiction its fair share. (Management & Information Services Director) Staff recommendation: Council adopt the resolution. 7. RESOLUTION NO. 2006-080, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2006 RECREATION DEPARTMENT BUDGET BY APPROPRIATING $6,600 BASED ON UNANTICIPATED REVENUE FROM COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR THE WIZ KIDZ PROGRAM The Recreation Department was awarded $6,600 in Community Development Block Grant (CDBG) funds for Fiscal Year 2005/2006, and is requesting appropriation of these funds to its operating budget to fund the Wiz Kidz program at the Otay Recreation Center for the fiscal year. The amount of $6,483 will be used for personnel services and $117 for supplies and services. (Recreation Director) Staff recommendation: Council adopt the resolution. 8. RESOLUTION NO. 2006-081, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE IMPARTIAL ANALYSIS OF THE CITIZEN'S MEASURE AMENDING THE CITY CHARTER TO LIMIT THE USE OF EMINENT DOMAIN IN THE CITY TO BE SUBMITTED TO THE ELECTORATE AT THE GENERAL MUNICIPAL ELECTION TO BE HELD IN THE CITY OF CHULA VISTA ON JUNE 6, 2006 Page 3 - Council Action Agenda http://www .chulavistaca.gov March 14, 2006 CONSENT CALENDAR (Continued) Elections Code section 9280 provides that when a city measure qualifies for a place on the ballot, the governing body may direct the city elections official to transmit a copy of the measure to the city attorney. The city attorney shall prepare an impartial analysis of the measure showing the effect of the measure on the existing law and the operation of the measure. Adoption of the resolution approves the impartial analysis to be submitted to the electorate at the June 6, 2006 election. (City Attorney) Staff recommendation: Council adopt the resolution. ACTION: Mayor Padilla moved to approve staffs recommendations and offered Consent Calendar Items 1 through 4 and 6 through 8, headings read, texts waived, noting that Item 5 was removed from the agenda. The motion carried 4-0, except on Item 2A, which carried 3-0-1, with Mayor Padilla abstaining. ITEMS REMOVED FROM THE CONSENT CALENDAR There were none. PUBLIC COMMENTS Kevin O'Neill discussed the Kanter contract, stating that provision of a driverlbodyguard is a policy issue that should have been discussed in open session; and since the contract has a renewal clause, it indicated a long-term rather than transitory need. He believed the true cost of the contract had been hidden rrom the Council and, by extension, the public, and that neither had been well served in this instance. He asked the Council to release any memos rrom the City Attorney's office dated prior to the signing of the contract. Mayor Padilla invited Mr. O'Neill to meet with him to discuss and hopefully resolve the concerns and issues. He stated that all public records that can be disclosed have been released to the public, and neither he nor the City Manager had slipped anything past the Council. PUBLIC HEARINGS 9. CONSIDERATION OF AN AMENDMENT TO SECTION 8.24.070 OF THE CHULA VISTA MUNICIPAL CODE TO INCLUDE THE ABATEMENT PROCESS FOR NON-FRANCHISE WASTE HAULERS' NUISANCE ROLL-OFF BOXES AND CONTAINERS PLACED WITHIN THE CITY'S BOUNDARIES, AND APPROVAL OF THE ADDITION OF A DAILY IMPOUND RATE TO THE RATE SCHEDULE OF THE AMENDED AND RESTATED SOLID WASTE FRANCHISE AGREEMENT The City experiences problems with non-rranchised waste hauling companies delivering roll-off boxes and bins in rranchised areas. By the time these violations are communicated to staff and code compliance processes are implemented, the jobs are completed and the containers are removed rrom the job site. Adoption of the ordinance amends the municipal code to address these issues, and adoption of the resolution amends the rate schedule in the amended and restated solid waste rranchise agreement to include a "Daily Impound Rate." (General Services Director) Page 4 - Council Action Agenda http://www.chulavistaca.gov March 14, 2006 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; there were no members of the audience wishing to speak. ACTION: Mayor Padilla moved to continue the hearing to April II, 2006. Deputy Mayor McCann seconded the motion, and it carried 4-0. 10. CONSIDERATION OF AN AMENDMENT TO THE CHULA VISTA MUNICIPAL CODE TO REGULATE THE BREWING AND DISTILLING OF LIQUORS IN THE LIMITED INDUSTRIAL (I-L) ZONE (APPLICANT: CITY OF CHULA VISTA) Adoption of the ordinance amends the Municipal Code to allow small scale brewing or distilling of liquors with a conditional use permit, and prohibits the brewing or distilling of liquors, except for businesses requiring a Type 23 license ITom the Department of Alcoholic Beverage Control, in the Limited Industrial zones. (Planning and Building 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, and Assistant Planner Catacucan presented the staff report. There were no members of the audience wishing to speak, and Mayor Padilla closed the hearing. Deputy Mayor McCann noted that the ordinance would create new jobs and dining opportunities, as well as provide safeguards to address sensitivities in surrounding areas. Councilmember Rindone commented that he did not wish to see an infusion of restaurants into the industrial zone. ACTION: Deputy Mayor McCann offered the following ordinance for first reading, heading read, text waived: ORDINANCE OF THE CITY OF CHULA VISTA ADDING SECTION 19.44.040Q TO THE CHULA VISTA MUNICIPAL CODE TO ALLOW AND REGULATE THE SMALL SCALE BREWING OR DISTILLING OF LIQUORS, AND AMENDING 19.44.050 TO PROHIBIT THE BREWING OR DISTILLING OF LIQUORS EXCEPT FOR BUSINESSES REQUIRING A TYPE 23 LICENSE FROM THE DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL WITHIN THE LIMITED INDUSTRIAL (I-L) ZONE IN THE CITY OF CHULA VISTA The motion carried 4-0. Page 5 - Council Action Agenda http://www.chulavistaca.gov March 14, 2006 ACTION ITEMS II. CONSIDERATION OF APPROPRIATION OF TRANSPORTATION DEVELOPMENT IMPACT FEE FUNDS AND AUTHORIZATION FOR THE PUBLIC WORKS OPERATIONS DIRECTOR TO EXECUTE CHANGE ORDERS FOR COMPLETION OF THE INTERSTATE 80S/OLYMPIC PARKWAYIEAST ORANGE A VENUE INTERCHANGE PROJECT AND THE MAIN STREET NORTHBOUND AND SOUTHBOUND ON-RAMPS IMPROVEMENTS PROJECT In July 2001, the Council directed the acceleration of traffic projects to enhance traffic flow in and out of the City. As a result, the City has undertaken five extensive transportation projects, including three interchanges and two major streets along Interstate 80S. In order to formally complete the projects, an additional $1.9S million in Transportation Development Impact Fee funds is necessary to process outstanding invoices. (City Engineer, Public Works Operations Director) Acting Director of Engineering Browder reported that notice was just received that the 1- 80S/Olympic ParkwaylEast Orange Avenue interchange project was awarded the outstanding engineering project of the year by the American Society of Civil Engineers. ACTION: Deputy Mayor McCann offered the following resolutions for adoption, headings read, texts waived: A. RESOLUTION NO. 2006-082, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING $I,SSO,OOO TO THE INTERST A TE-80S/0L YMPIC P ARKW A Y lEAST ORANGE AVENUE INTERCHANGE PROJECT (STM-328) FROM THE AVAILABLE BALANCE OF THE TRANSPORTATION DEVELOPMENT IMPACT FEE (TDIF) FUND B. RESOLUTION NO. 2006-083, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING $400,000 TO THE INTERSTATE-80S/MAIN STREET/AUTOPARK DRIVE SOUTHBOUND AND NORTHBOUND ON-RAMPS PROJECT (STM-3SI) FROM THE AVAILABLE BALANCE OF THE TRANSPORTATION DEVELOPMENT IMPACT FEE (TDIF) FUND C. RESOLUTION NO. 2006-084, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE DIRECTOR OF PUBLIC WORKS OPERATIONS TO EXECUTE ANY AND ALL CHANGE ORDERS NECESSARY TO COMPLETE THE CONSTRUCTION CONTRACT FOR THE INTERSTATE- 80S/OLYMPIC PARKWAY/EAST ORANGE AVENUE PROJECT (STM-328), EXCLUDING CHANGE ORDERS 22 AND 23 FOR MAIN STREET SOUTHBOUND AND NORTHBOUND ON-RAMP IMPROVEMENTS Page 6 - Council Action Agenda http://www .chulavistaca.gov March 14, 2006 I J ACTION ITEMS (Continued) D. RESOLUTION NO. 2006-085, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE DIRECTOR OF PUBLIC WORKS OPERATIONS TO EXECUTE FINAL CHANGE ORDER NUMBERS 22 AND 23 FOR THE MAIN STREET NORTHBOUND AND SOUTHBOUND ON-RAMPS IMPROVEMENTS (STM-351), RESPECTIVELY The motion carried 4-0. OTHER BUSINESS 12. CITY MANAGER REPORTS Assistant City Manager Thomson reported that Councilmember Castaneda and City Manager Rowlands were attending the National League of Cities conference in Washington. 13. MAYOR'S REPORTS . Ratification of appointment of Brett Davis to the Resource Conservation Commission. ACTION: Mayor Padilla moved to ratify the above appointment. Deputy Mayor McCann seconded the motion, and it carried 4-0. Mayor Padilla asked that Council committee assignments be added to next week's agenda to fill positions previously filled by Patty Davis. 14. COUNCIL COMMENTS Councilmember Chavez reported that the Council and staff have been reading to children in various schools during the past few weeks. She also reported on the MACK project groundbreaking, which will result in affordable senior housing and afford collaboration between the resident seniors and adjoining school children. CLOSED SESSION At 7:1 I p.m., Mayor Padilla recessed the meeting to Closed Session. 15. 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. At 7:55 p.m., Mayor Padilla adjourned the meeting to the Regular Meeting on March 21, 2006 at 6:00 p.m. in the Council Chambers. ~ ~lu~&1 '" .-J Susan Bigelow, MMC, City Clerk Page 7 - Council Action Agenda http://www .chuJavistaca.gov March 14, 2006