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HomeMy WebLinkAboutcc min 2006/03/21 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA March 21, 2006 6:00 P.M. A Regular Meeting of the City Council of the City of Chula Vista was called to order at 6:12 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 Padilla ABSENT: Councilmembers: None ALSO PRESENT: Assistant City Manager Thomson, City Attorney Moore, and Senior Deputy City Clerk Peoples PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY . OATH OF OFFICE Brett Davis - Resource Conservation Commission Deputy City Clerk Bennett administered the oath to Brett Davis, and Mayor Padilla presented him with a certificate of appointment. . DID YOU KNOW...ABOUT ECONOMIC DEVELOPMENTS FOCUS ON THIRD AVENUE? (Continued from March 14, 2006) Presented by Denny Stone, Economic Development Manager and Lynette A. Jones, Senior Community Development Specialist Economic Development Manager Stone introduced Ms. Jones, who provided a presentation on the City's new proactive business retention and expansion program, Smart Business Links. CONSENT CALENDAR (Items I through 8) Mayor Padilla stated he would abstain on Item 4, as he owns property within 500 feet of one of the subject routes. Councilmembers Rindone and Castaneda believed that their properties might also be located within 500 feet of a route. City Attorney Moore reported that staff had researched the Councilmembers' properties with respect to this item, and she referenced exhibit "B" of the staff report showing the streets impacted by the proposed ordinance amendment. It was determined that only Mayor Padilla's property is within 500 feet of the subject routes. Item 7 was continued to a future date at the request of the City Attorney. CONSENT CALENDAR (Continued) I. APPROVAL OF MINUTES of the Special Meeting of January 25,2006. Staff recommendation: Council approve the minutes. 2. ORDINANCE NO. 2006-3031, ORDINANCE OF THE CITY OF CHULA VISTA AMENDING THE MUNICIPAL CODE TO ADD SECTION 19.44.040Q AND AMEND SECTION 19.44.050, RELATED TO THE BREWING AND DISTILLING OF LIQUORS IN THE LIMITED INDUSTRIAL (I-L) ZONE (SECOND READING) Adoption of the ordinance allows small scale brewing and distilling of liquors, subject to approval of a conditional use permit and a preliminary environmental review within the City's Limited Industrial Zones. This ordinance was introduced at the meeting of March 14,2006. (Planning and Building Director) Staff recommendation: Council adopt the ordinance. 3. ORDINANCE NO. 2006-3032, ORDINANCE OF THE CITY OF CHULA VISTA ESTABLISHING A 35 MPH NEW SPEED LIMIT ON STONE GATE STREET BETWEEN HUNTE PARKWAY AND ADIRONDACK PLACE (SECOND READING) Adoption of the ordinance establishes a 35-mph speed limit on Stone Gate Street between Hunte Parkway and Adirondack Place. Signs indicating a 25-mph speed limit "when children are present" are posted as required by the Chula Vista Municipal Code near Eastlake Middle School. This ordinance was introduced at the meeting of March 14, 2006. (City Engineer) Staff recommendation: Council adopt the ordinance. 4. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 10.64 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO TRUCK ROUTES (FIRST READING) There have been many changes to the City's circulation system since the truck routes ordinance was last modified in 1991. Recently, staff has reviewed the existing truck routes and recommends several changes in order to: I) clarifY the intended usage of existing streets throughout the City, and 2) classifY some future streets depicted on the approved entitlement documents for Villages 2, 6,7, II and Planning Area 12 of the Otay Ranch. Adoption of the resolution approves those revisions to the truck route ordinance. (City Engineer) Staff recommendation: Council place the ordinance on first reading. 5. RESOLUTION NO. 2006-086, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING AN AMENDED OT A Y V ALLEY REGIONAL PARK JOINT EXERCISE OF POWERS AGREEMENT (JEPA) BETWEEN THE COUNTY OF SAN DIEGO AND THE CITIES OF CHULA VISTA AND SAN DIEGO CHANGING THE NUMBER OF VOTES NECESSARY FOR THE CITIZENS ADVISORY COMMITTEE OF THE OTAY VALLEY REGIONAL PARK JEPA TO TAKE ACTION, AND AUTHORIZING THE MAYOR TO SIGN THE AMENDED AGREEMENT Page 2 - Council Minutes http://www .chulavistaca.gov March 21, 2006 CONSENT CALENDAR (continued) Adoption of the resolution approves an amendment to the Otay Valley Regional Park Joint Exercise of Powers agreement by clarifying the minimum number of votes required by the Citizen Advisory Committee to take action on an item. (Planning and Building Director) Staff recommendation: Council adopt the resolution. 6. RESOLUTION NO. 2006-087, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DECLARING THE CITY'S INTENTION TO UNDERGROUND OVERHEAD 138 KV ELECTRICAL TRANSMISSION LINES (TIE LINE 13815) ALONG THE CHULA VISTA BAYFRONT AND SUPPORTING STRUCTURES BETWEEN TOWER 189507 AND TOWER 188701, INCLUDING TOWER 188701, AND SETTING A PUBLIC HEARING FOR THE FORMATION OF A UTILITY UNDERGROUNDING DISTRICT ON APRIL 25, 2006 AT 6:00 P.M. In order to proceed with the City's redevelopment of the Bayrront, the large 13 8 k V electrical transmission lines currently located west of Bay Boulevard must be installed underground and the towers removed. The terms for the performance of this work were outlined in the Memorandum of Understanding between the City and SDG&E dated October 12,2004. (City Engineer) Staff recommendation: Council adopt the resolution. 7. Item 7 was removed rrom the Consent Calendar. 8. RESOLUTION NO. 2006-088, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND A WARDING A CONTRACT FOR THE "SDG&E PARK LIGHTING IMPROVEMENTS (PR273)" PROJECT TO PALM ENGINEERING CONSTRUCTION COMPANY, INC. IN THE AMOUNT OF $107,800 On March 8, 2006, the Director of General Services received sealed bids for this project. The work for the project primarily includes park lighting improvements at SDG&E Park located at 1450 Hilltop. (General Services Director) Staff recommendation: Council adopt the resolution. Prior to taking action on the Consent Calendar, Mayor Padilla recognized the following speakers wishing to address Item 2: Heather Lee representing the Alcohol and Other Drug Prevention Program of the South Bay YMCA, spoke in opposition to the amendment to the zoning code, stating that the establishment of a brewery or distillery so close to residential areas would have a negative effect on community members, both young and old. Page 3 . Council Minutes http://www .chulavistaca.gov March 21, 2006 CONSENT CALENDAR (continued) Jeremy Jones, representing the Alcohol and Other Drugs (AOD) Coalition, expressed his concerns and requested, in collaboration with the Chula Vista AOD, Council consideration of steps to ensure responsible beverage services, limited access to minors, control of liquor producers, manufacturers and distillers in the community, environmental impacts in terms of normalization of alcohol as an integral part of the business community in Chula Vista, and the over inundation of alcohol availability on the west side of Chula Vista. Councilmember Rindone stated that he was preparing an editorial on this subject and presented the five major programs that the Chula Vista Police Department is using proactively to curb underage drinking: 1) Minor decoy operation 2) Shoulder tap operation 3) Operation safe crossing 4) Cops in shops 5) General enforcement operations Councilmember Chavez commended the speakers for addressing this issue before the Council and noted that this would be one of the topics under discussion at an upcoming Public Safety Committee meeting. Deputy Mayor McCann explained that this ordinance would allow for a microbrewery, such as a Carl Strauss or Gordon Biersch, to be able to have restaurants in Chula Vista. It would be a highly professional, highly monitored, upstanding restaurant. Any proposal for additional businesses like this would have to go through the Conditional Use Permit process, requiring public hearings and notification to all outlying areas; and all alcohol beverage control laws would be strictly enforced. Councilmember Chavez also noted that this particular establishment is for production only, not a place for social gatherings. The companies will be producing only a small amount for distribution to their restaurants, and there are no schools or parks nearby. . Councilmember Castaneda asked staff to convey to the Planning Commission that signage should be limited under a conditional use permit to ensure that the businesses are kept low key and discrete so as not to convey the wrong message. ACTION: Deputy Mayor McCann moved to approve staffs recommendations and offered Consent Calendar Items 1 through 6 and 8, headings read and texts waived, noting that Item 7 was deleted from the agenda at the request of the City Attorney. The motion carried 5-0 except on Item 4, which carried 4-0-1, with Mayor Padilla abstaining due to the proximity of property that he owns to one of the subject routes. Page 4 - Council Minutes http://www .chulavistaca.gov March 2 I, 2006 ITEMS REMOVED FROM THE CONSENT CALENDAR 7. 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 (Continued from March 14, 2006) 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 at the request of the City Attorney. It was not discussed, and no action was taken. Action Item 10 was taken out of order and considered at this point in the meeting. PUBLIC COMMENTS Pat O'Neil addressed the Council regarding ongoing issues she and her neighbors are experiencing in the Chula Vista Mobile Home Park. She stated that larger mobile homes are replacing smaller ones, resulting in the moving of lot lines and the reduction of space between new mobile homes and the older, established ones. She also reported that a home located at the rear of her property is ready for sale in two weeks but should be condemned due to mold in the unit. She believed that the City's Code Enforcement Department needed additional help to address code violations in mobile home parks. Carolyn Easley, also of the Chula Vista Mobile Home Park, spoke regarding a park noise rule that the mobile home installers are not adhering to, and requested Council assistance for the seniors living in mobile home parks in the community. Senior Community Development Specialist Perez provided translation for the following two speakers: Paty Osuna, an active member of the Neighborhood Community Council Initiative (NCCI), requested that future agenda items relating to liquor be provided to the community in Spanish. Maria Luisa Aldrete, a promoter of a healthy, active Chula Vista, addressed the Council on concerns about the dangers associated with pedestrian traffic issues, particularly in western Chula Vista. She stated that many western Chula Vistans rely on walking as a means of getting to work and school, yet they need to contend with some of the most hazardous streets in the City. She asked whether the City has done all it can to make streets and neighborhoods safe for children to walk and play outside. She asked the Council to consider the traffic calming recommendations provided by WalkSanDiego, especially in areas around schools. Page 5 - Council Minutes http://www .chulavistaca.gov March 2 I, 2006 ACTION ITEMS 9. 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 in our community, and therefore, the Council desires to impose additional safety precautions to further the goal of protecting children throughout the City. (Police Chief) City Attorney Moore stated the following for the record: "The sex offender ordinance before the City Council tonight establishes a buffer zone around schools and parks within the City. All five City Councilmembers own property within 500 feet of a school or park impacted by this ordinance. The Fair Political Practices Commission has provided us with a written opinion that all five Councilmembers have a conflict of interest with respect to voting on this ordinance. In addition, the Fair Political Practices Commission does not have sufficient facts to determine if enough property owners in Chula Vista would be equally impacted, so they cannot determine if the public general exception rule applies in this case. Therefore, the City must invoke the "rule of legally required participation" in order to take action on this ordinance. This requires that all five Councilmembers' names be placed in a hat, and three names will be pulled out at random. Those will be the Councilmembers who will be allowed to participate on this item." City Attorney Moore then placed slips of paper containing the Councilmembers' names into a hat and asked Senior Deputy City Clerk Peoples to draw three names to determine the Councilmembers who would be allowed to participate, while the remaining two would be asked to leave the Chambers. Senior Deputy City Clerk Peoples drew the following names at random: Councilmember Rindone, Councilmember Castaneda, and Councilmember Chavez. Mayor Padilla passed the gavel for purposes of this item to Councilmember Rindone. Mayor Padilla and Deputy Mayor McCann then left the dais at 7:03 p.m. . Councilmember Rindone noted that no speaker slips had been received from the public. He then called on Police Chief Emerson to provide a brief overview of the staff report and respond to questions of the Council. Chief Emerson referred to the ordinance as "distance marker legislation," which prohibits registered sex offenders whose crimes were against minors trom residing within 500 feet of the real property of a school, grades kindergarten through eighth grade, or a park. He stated that the proposed ordinance would not apply to people who established a residence prior to July I, 2006. . Chief Emerson then responded to questions of Councilmember Castaneda, explaining the notification process to be used in the implementation of the City's new ordinance. Further, he explained that while other cities in the County have adopted loitering ordinances prohibiting those who are registered with a sex conviction against a child trom loitering around a park, the City's proposed ordinance states that a sex offender cannot live within 500 feet of a park or school. Page 6 - Council Minutes http://www.chulavistaca.gov March 21, 2006 ACTION ITEMS (Continued) Councilmember Chavez expressed the importance for parents and community members to be vigilant in protecting our children. Councilmember Rindone requested a report from staff in six months, as well as consideration of amending the ordinance to cover school grades from kindergarten through twelfth and addressing the loitering aspect of the issue. Councilmember Chavez concurred with the recommendation by Councilmember Rindone to cover school grades from kindergarten through twelfth. Tanya Rovira-Osterwalder, a Chula Vista resident, stated that she has a fourteen-year-old daughter and agreed with the Council that the ordinance should cover through twelfth grade. ACTION: Councilmember Castaneda moved to place the Ordinance on first reading, heading read, text waived: ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADDING CHAPTER 9.80 TO THE CITY OF CHULA VISTA MUNICIPAL CODE TO REGULATE THE PROXIMITY OF SEX OFFENDERS TO SCHOOLS AND PARKS (FIRST READING) Councilmember Chavez seconded the motion, and it carried 3-0-2, with Mayor Padilla and Deputy Mayor McCann abstaining from participation and absent from the dais due to the "rule of legally required participation." Councilmember Castaneda further directed staff to bring back an analysis on modifying the ordinance to give the City the ability to fully restrict the presence of sex offenders within sensitive areas where children congregate, such as parks and libraries; and to also extend the coverage of the ordinance to school grades kindergarten through twelfth. Mayor Padilla and Deputy Mayor McCann returned to the dais at 7:27 p.m., and Councilmember Rindone handed the gavel over to Mayor Padilla. 10. CONSIDERATION OF AWARDING CONTRACTS FOR POLICE-INITIATED TOWING AND STORAGE SERVICES, AND AMENDING THE SERVICE RATE SCHEDULE The Police Department recently completed a request for proposals for Police-initiated towing and impound services. Adoption of the resolutions awards the contracts, amends the service rate schedule, and authorizes the Police Department to make annual changes to the police-initiated towing service rate schedule. (Police Chief) Item 10 was taken out of order and addressed prior to Public Comments. Page 7 - Council Minutes http://www .chulavistaca.gov March 21. 2006 ACTION ITEMS (Continued) Deputy Mayor McCann stated he still had questions on this item and requested that it be continued for two weeks. Mayor Padilla asked if those who turned in speaker slips for this item wished to speak to the item, or wait until the item is brought back for consideration. The following people declined to speak at this time: Peter Gregorovic, attorney representing JC Towing Inc., John and Josie Clark, owners of JC Towing, Inc., and David Pudgel, representing RoadOne. ACTION: Deputy Mayor McCann moved to continue Item 10 for two weeks. Councilmember Chavez seconded the motion, and it carried 5-0. Councilmember Rindone asked staff to contact him regarding a concern he has on the item. OTHER BUSINESS II. CITY MANAGER REPORTS There were none. 12. MAYOR'S REPORTS Consideration of City Council committee assignments. Mayor Padilla asked that this item be continued to the meeting of March 28, 2006. Mayor Padilla asked staff to provide an update on a previous referral by Councilmember Chavez for information on an ordinance requiring the registration oflobbyists within the City. 13. COUNCIL COMMENTS Councilmember Chavez congratulated the Chula Vista Elementary School District's speech contestants and requested that a list of the winners and second and third place contestants be posted on the City's website. She then thanked Senator Denise Ducheney for holding the first Medicare fair in the City and providing assistance to seniors in completing their applications for new prescription drug programs. She requested that the City's Communications Department/Webmaster provide a link on the City website to the Channel 10 website to provide this information to our seniors. She gave an update on translation services, stating that the City is currently looking at six different vendors that provide translation services. It is anticipated that the first translation service will be provided at the April 6, 2006 Council workshop. She also expressed the need to translate the Council agendas. Lastly, she asked staff to arrange a summit with the school districts to assist them in making a decision on a common school calendar. Deputy Mayor McCann stated that he had raised the common calendar issue at the City/Schools Task Force meeting and suggested that Councilmember Chavez be considered for appointment to the Task Force to address this issue next week when the committee assignments are considered. He then urged those present to join the Council by voting to support the Jessica's Law initiative on the June ballot. Page 8 - Council Minutes http://www .chulavistaca.gov March 21. 2006 ------------ ~ OTHER BUSINESS (Continued) Councilmember Rindone stated that the Taste of the Town event would be held in September this year. He then commented that the modified school calendar is a complex issue, and the City's connection is that a common calendar would assist law enforcement in enforcing truancies, which have a financial impact on the school districts. Next, he announced that possibly the final Urban Core Specific Plan meeting is being held Wednesday, March 29th, at Just Java in downtown Chula Vista, from 4:00 p.m. to 7:00 p.m. He reported on his attendance today at the unveiling of Chula Vista's original school bell. He requested a reissue of his prior staff referral on what the state legislature is doing with regard to eminent domain, asking staff to place the memorandum from Governmental Affairs Coordinator Bradley regarding state legislation on the City web site, along with links to the various legislative items. Councilmember Castaneda stated that the first meeting of the Public Safety Committee is being held on March 29, 2006, at 10:00 a.m. in the Police Department Community Room, and made referrals to the City Clerk's Office to provide assistance in meeting noticing requirements and the Police Department to maintain records of the committee meetings. Councilmember Rindone stated he had received a memorandum dated March 10, 2006 from the City Manager regarding Community Choice Aggregation and requested it be docketed on a future agenda. CLOSED SESSION 14. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b) . One Case. On March 8. 2006. an article was printed in the Union Tribune alleging that the Kanter agreement has been suspended, pending an investigation. The article states that "Kanter threatened to sue the City if an agreement on how to terminate the contract was not reached. " No reportable action was taken on this item. 15. 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. ADJOURNMENT At 9: 15 p.m., Mayor Padilla adjourned the meeting to the Regular Meeting on March 28, 2006 at 6:00 p.m. in the Council Chambers. ~ ~ ~ q Anne Peoples, CMC Senior Deputy City Clerk Page 9 - Council Minutes http://www.chulavistaca.gov March 21, 2006