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HomeMy WebLinkAboutcc min 2006/05/02 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA May 2, 2006 4:00 P.M. A Regular Meeting of the City Council of the City of Chula Vista was called to order at 4:07 p.m. in the Council Chambers, located in City Hal!, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Councilmembers: Castaneda (arrived at 4:13 p.m.), 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 AND MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY · INTRODUCTION BY MARIA KACHADOORIAN, FINANCE DIRECTOR, OF THE EMPLOYEE OF THE MONTH, MONICA MORALES, ACCOUNTING TECHNICIAN Finance Director Kachadoorian introduced the employee of the month, Monica Morales. Mayor Padilla then read the proclamation, and Deputy Mayor McCann presented it to Ms. Morales. · PRESENTATION BY STUDENTS FROM CREATIVE ARTS ACADEMY OF CHULA VISTA OF THE UNIVERSAL DECLARATION OF HUMAN RIGHTS, ADOPTED BY THE UNITED NATIONS IN 1948 Dr. Wendy Ghiora, Principal of Eagles Peak Charter School Creative Arts Academy, introduced the teachers and students present at the meeting. She then played a DVD produced by members of the Youth for Human Rights organization, and students presented a copy of the DVD and a pamphlet to Councilmembers. Two students spoke about what they have learned about human rights. Dr. Ghiora asked the Council to consider endorsing the declaration. The students then closed with their rendition of a song entitled "'United." · PRESENTATION BY MAYOR PADILLA OF A PROCLAMATION TO GIRL SCOUT TROOP 5016 FOR COMMUNITY SERVICE FOR COMPLETING TWO ROOMS, "'KITTY PARK" AND "'KITTYWOOD" FOR CATTERY ROW AT THE ANIMAL CARE FACILITY Mayor Padilla read the proclamation, and Deputy Mayor McCann presented it to Girl Scout Troop 5016. SPECIAL ORDERS OF THE DAY (Continued) . DID YOU KNOW...THAT THE FISCAL YEAR 2006 AND 2007 ADOPTED BUDGET RECEIVED EXCELLENCE IN BUDGETING A WARDS? Presented by Ed Van Eenoo, Director of Budget and Analysis, and Angelica Aguilar, Assistant Director of Budget and Analysis. Director of Budget and Analysis Van Eenoo reported on the Excellence in Budgeting awards given to the City for meeting the highest standards of governmental budgeting. He then spoke about future plans to improve the budget process. CONSENT CALENDAR (Items I through 7) With reference to Item 2, Councilmember Rindone mentioned that Commissioner Rossi said she was resigning because the committee has not met in a long time. He asked the Mayor's Office to find out why the committee has not been meeting and also to review all City boards, commissions and committees to determine and provide recommendations on whether or not they provide a current service to the City. Mayor Padilla commented that project area committees (PACs) basically serve as the Planning Commission equivalent in redevelopment areas. As the City moves forward with the new entitlement process, he said he hoped the PACs would be included and that staff would be advising the members of all P ACs where the process currently stands. Councilmember Rindone pulled Item 6 from the Consent Calendar for discussion. 1. APPROVAL OF MINUTES of April 6 and April 11, 2006. Staff recommendation: Council approve the minutes. 2. WRITTEN COMMUNICATIONS Letter of resignation from Penny Rossi, member of the Town Centre Project Area Committee. Staff recommendation: Council accept the resignation and direct the City Clerk to post the vacancy in accordance with the Maddy Act. 3. A. RESOLUTION NO. 2006-127, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ORDERING A SUMMARY VACATION OF A PORTION OF A PUBLIC SEWER EASEMENT WITHIN ASSESSOR'S PARCEL NO. 571-250- 21-00 AT 707 "L" STREET 3. B. RESOLUTION NO. 2006-128, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A HOLD HARMLESS/INDEMNITY AGREEMENT BETWEEN "L" STREET VENTURES, LLC., A CALIFORNIA LIMITED LIABILITY COMPANY AND THE CITY OF CHULA VISTA Page 2 - Council Minutes http://www .chulavistaca.gov May 2, 2006 CONSENT CALENDAR (Continued) A request was received to vacate a portion of a public sewer easement within the property located at 707 '"L" Street, owned by '"L" Street Ventures, LLC. In accordance with the State Streets and Highways Code, this type of vacation may be performed summarily through adoption of a resolution. Vacation of the sewer easement would allow improvements to be made in closer proximity to an existing sewer line. The City is requiring a hold harmless/indemnity agreement with '"L" Street Ventures, LLC, indemnifYing the City rrom damages related to maintenance activities on the sewer line. (Acting Engineering Director) Staff recommendation: Council adopt the resolutions. 4. RESOLUTION NO. 2006-129, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE TEMPORARY CLOSURE OF EASTLAKE PARKWAY FROM MAY 15, 2006 TO JUNE 14, 2006 BETWEEN MILLER DRIVE AND RIDGEW A TER DRIVE San Diego Expressway Limited Partnership, L.P., by California Transportation Ventures, Inc., its general partner, has requested temporary closure of Eastlake Parkway between Miller and Ridgewater Drives. The temporary road closure is needed in order to complete the roadway improvements and associated appurtenances necessary for construction of a new bridge over the SR-125 toll road. (Acting Engineering Director) Staff recommendation: Council adopt the resolution. 5. RESOLUTION NO. 2006-130, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AWARDING A PURCHASE AGREEMENT IN THE AMOUNT OF $196,100, FOR TWO STENCIL TRUCKS, TO ROADLINE PRODUCTS, INC., IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF COUNTY OF SAN BERNARDINO REQUEST FOR PROPOSAL F-73 AND PURCHASE ORDER FI827C The fiscal year 2005/2006 central garage budget provides for the replacement of two stencil trucks. Municipal Code Section 22.56.140 and Council Resolution No. 6132 authorize the Purchasing Agent to participate in cooperative bids with other government agencies for the purchase of materials of common usage. The City has an opportunity to participate in a current County of San Bernardino request for proposal for favorable terms and pricing. (Public Works Operations Director) Staff recommendation: Council adopt the resolution. 6. Item 6 was removed from the Consent Calendar for discussion. 7. RESOLUTION NO. 2006-132, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FIFTH AMENDMENT TO AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND MARION B. BORG ENVIRONMENTAL CONSULTING SERVICES RELATED TO MITIGATION MONITORING AND REPORTING, PREPARATION OF ENVIRONMENTAL DOCUMENTS AND COORDINATION AND OVERSIGHT OF THE PREPARATION OF ENVIRONMENTAL DOCUMENTS, AND WAIVING THE FORMAL CONSULTANT SELECTION PROCESS Page 3 - Council Minutes http://www.chulavistaca.gov May 2, 2006 CONSENT CALENDAR (Continued) The continuing services of Marion B. Borg Environmental Consulting are needed for the environmental processing and mitigation monitoring oversight of projects such as the Eastlake Seniors Project, Otay Ranch Village 2, Championship Off-Road Racing event series, Eastlake Land Swap project, Otay Ranch Village 7, and San Miguel Ranch. (Planning and Building Director) Staff recommendation: Council adopt the resolution. ACTION: Mayor Padilla moved to approve staff's recommendations and offered Consent Calendar Items 1 through 5 and Item 7, headings read, texts waived. The motion carried 5-0. ITEMS PULLED FROM THE CONSENT CALENDAR 6. RESOLUTION NO. 2006-131, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING AND APPROVING THE BORROWING OF FUNDS FOR FISCAL YEAR 2006/2007, THE ISSUANCE AND SALE OF A 2006/2007 TAX AND REVENUE ANTICIPATION NOTE THEREFOR, AND PARTICIPATION IN THE CALIFORNIA STATEWIDE COMMUNITIES CASH FLOW FINANCING PROGRAM In order to address cash shortfalls projected in the general fund during fiscal year 2006/2007 due to the cyclical nature of some major revenue sources, it is recommended that the City again take advantage of the opportunity to borrow money on a short-term basis at the lowest costs by issuing a Tax and Revenue Anticipation Note through the pooled financing program sponsored by California Statewide Communities Development Authority. (Finance Director) Staff recommendation: Council adopt the resolution. Councilmember Rindone asked for clarification of several items discussed in the staff report. Finance Director Kachadoorian and Associate Accountant Adachi responded to his questions. ACTION: Councilmember Rindone then offered Resolution No. 2006-131, heading read, text waived. The motion carried 5-0. PUBLIC COMMENTS Nick Aguilar spoke regarding a recent newspaper article about the application of administrative policies, particularly employee payroll policies, to elected officials, which he thought contradicted the City Charter. He stated that elected officials were not employees of the City, but rather served in fiduciary positions to carry out the mission for the public of oversight of City employees. He felt that applying administrative policies to elected officials placed the City Manager and other officials in the difficult position of second-guessing an action by an elected Page 4 - Council Minutes http://www .chulavistaca.gov May 2, 2006 PUBLIC COMMENTS (Continued) official. He suggested that the Council request the Charter Review Commission and/or staff to look at models of other agencies that have separate policies for elected officials and employees to avoid the predicament of City officials supervising their bosses and to provide more accountability to the public for Councilmembers' actions. Deputy Mayor McCann spoke in support of the referral requested by Mr. Aguilar. City Manager Rowlands clarified that, by policy and by law, Councilembers are recognized as employees of City, with the same appropriate benefits. Councilmember Rindone stated that since Mr. Aguilar has served as an elected official, he understood that Councilmembers are employees. He supported the portion of the referral to ensure that there are checks and balances and appropriate reporting. PUBLIC HEARINGS 8. CONSIDERATION OF ACCEPTANCE AND APPROPRIATION OF FISCAL YEAR 2005/2006 STATE COPS SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUND The Police Department was awarded $313,889 through the Supplemental Law Enforcement Services Fund (SLESF). These state funds were allocated to the Police Department for purposes required by the Citizens' Option for Public Safety (COPS) Program. Acceptance and appropriation of these funds requires a public hearing per stipulations of the State COPS Program. (Police Chief) 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 public who wished to speak. ACTION: Deputy Mayor McCann moved to continue the hearing at the request of staff to the meeting of May 9, 2006. Councilmember Chavez seconded the motion, and it carried 5-0. 9. CONSIDERATION OF A CONDITIONAL USE PERMIT (PCC-06-054) FOR FOUR CHAMPIONSHIP OFF-ROAD RACING EVENT WEEKENDS IN 2006, TO BE HELD ON A PORTION OF OTAY RANCH VILLAGE TWO (APPLICANT JAMES BALDWIN; PCC-06-054) James Baldwin, owner of Championship Off-Road Racing (CORR), applied for a Conditional Use Permit for four temporary off-road racing event weekends in 2006. The race weekends are proposed for May 20-21, July 22-23, September 23-24, and October 21-22,2006. (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. Page 5 - Council Minutes http://www.chulavistaca.gov May 2, 2006 PUBLIC HEARINGS (Continued) Mayor Padilla opened the public hearing. Associate Planner Phelps presented the Conditional Use Permit. Environmental Project Manager Borg explained the environmental review process for the project. Mr. Phelps concluded the presentation with an explanation of the key conditions of approval. Councilmember Castaneda asked for confirmation that only RVs would be allowed to camp at the site and that there would be no open fires. Mr. Phelps responded affirmatively. Councilmember Castaneda spoke about the need to prevent event spectators trom parking their vehicles in nearby neighborhoods and to encourage the use of alternative transportation to the event. He also stated that appropriate measures needed to be taken to protect schools that are in session trorn noise impacts. Councilmember Chavez suggested that event noticing be extended beyond the required 500 feet and that homeowner associations be asked to notify their residents. Additionally, she suggested that staff notify other organizations in the area that might hold Sunday meetings. Councilmember Rindone expressed concern regarding noise levels and asked that decibel levels be monitored. He believed that the event preparation was thorough, and that, should issues arise, the Council could hold another public hearing between the first and second event. Ranie Hunter, representing CORR, asked the Council to approve modification to the original schedule for qualifying runs on Fridays to permit qualifying runs after 3 :00 p.m.; and flexibility in start and end times between I :00 p.m. and 5:00 p.m. She also reported that CORR would post signs in neighboring residential areas regarding parking, and staff would be on hand to direct event traffic. Elaine Amador, who said she lived about a mile from the proposed event, spoke about excessive noise at last year's event. She also expressed concern about liability to the City and noted that police enforcement at the event would reduce patrols in other areas of the City. She believed that the event would interrupt schools in session on Fridays and Sunday church services at Otay Ranch High School. She also spoke about alcohol usage and related driving issues. She stated that residents have a right to enjoy their weekends tree of noise, and she asked the Council to deny the permit. Mayor Padilla asked about noise impacts on church services. Ms. Hunter replied that CORR had spoken with the principal of Otay Ranch High School, who indicated that there would be no conflict with regard to church services. Jo Anne Springer urged the Council to deny the permit, expressing concern about noise and air quality impacts to surrounding neighborhoods trom the event itself, as well as additional impacts trom the set-up and tear-down days for the event. She believed it was unfair for residents to be placed at the whim of limited special interests. She also commented that it was her understanding that the Planning Commission did not have the necessary four votes to approve the proposed event, and the Resource Conservation Commission also opposed the proposal. Page 6 - Council Minutes http://www .chulavistaca.gov May 2, 2006 .,. PUBLIC HEARINGS (Continued) Georgie Stillman stated that the proposed event is an endangerment to the health and safety of the residents. She reported that citizens who attended the Resource Conservation Commission meeting on the commented on the disruption to Pop Warner games at Otay Ranch High School; the effects of sound and pollution on residents; and their concern that the event location abuts the multiple species conservation area. She said that the proposed event does not represent the City at its best. Mike Cruse, who lives about a quarter of a mile from the racetrack, said he attended last year's event and did not believe that event noise was an issue. Albert Verdugo, a resident of Otay Ranch who lives close to the proposed event site, said he did not recall noise or traffic issues associated with last year's event. He stated that everyone needed to be united. With no further speakers wishing to address the Council, Mayor Padilla closed the hearing. Councilmember Castaneda asked if the proposed event was expected to be smaller than last year's and for confirmation that only one helicopter would monitor the event. Associate Planner Phelps responded that the event would be smaller, and he confirmed there would be only one helicopter. Counci]member Castaneda asked the lessons learned last year that were included in this year's mitigation measures. Ms. Borg responded that the racetrack would be shorter, and noise levels at the preserve boundary would be monitored. Councilmember Castaneda asked what recourse the community would have should the noise levels be exceeded. Environmental Review Coordinator Ponseggi replied that staff would be monitoring noise levels and would bring back a report to the Council in the event a second public hearing is scheduled. Planning and Building Director Sandoval added that staff would also be collecting information at the onset, and if valid and significant concerns by citizens should arise, staff would have the ability to make immediate changes to address legitimate concerns. Counci]member Chavez requested a briefing from staff and the Police Department on traffic and police enforcement, noise, registration requirements for camping, a phone number set-up for residents to call with questions and concerns, and a review of the conditional use permit by the Council after the May event to determine whether or not to continue with the remaining events scheduled. Director Sandoval responded that residents could call 6]9/69]-5280 if they have questions. Councilmember Castaneda asked for samples of the marketing materials generated for the event. Councilmember Rindone spoke about the significant differences in this year's event, including a shorter track and lower attendance. Deputy Mayor McCann said that residents' concerns have been addressed with the implementation of a shorter track, the elimination of concerts, the prohibition of alcohol in campsites, and liability insurance. He believed that the proposed event offered a good opportunity to showcase the City. Page 7 - Council Minutes http://www .chulavistaca.gov May 2, 2006 PUBLIC HEARINGS (Continued) Mayor Padilla stated that the application was well-crafted, contained conditions to respond to lessons learned from the first event, and also was responsive to the concerns of the surrounding communities. ACTION: Councilmember Rindone offered the following Resolution No. 2006-133, as amended to include the following additional conditions set forth by the Council: (I) staff and the Police Department are to provide a Council briefing on the event regarding traffic and police enforcement, noise, the registration requirement for camping, and a phone number set-up for residents to call with questions or concerns; and (2) the Council will review the Conditional Use Permit after the May event to determine whether or not to continue with the remaining events scheduled. RESOLUTION NO. 2006-133, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE MITIGATED NEGATIVE DECLARATION AND MITIGATION AND MONITORING PROGRAM, IS-06-017, AND GRANTING A CONDITIONAL USE PERMIT, PCC-06-054, TO ALLOW OFF-ROAD RACING EVENTS ON A PORTION OF OTAY RANCH VILLAGE TWO, LOCATED SOUTH OF OLYMPIC PARKWAY, EAST OF THE OTAY LANDFILL, AND WEST OF LA MEDIA ROAD - JAMES BALDWIN, OWNER OF CHAMPIONSHIP OFF-ROAD RACING The motion carried 5-0. ACTION ITEM 10. PRESENTATION OF A DRAFT ORDINANCE REGULATING MUNICIPAL LOBBYISTS At the January 17, 2006 Council meeting, it was suggested that the City consider an ordinance requiring registration of municipal lobbyists. Staff prepared a draft ordinance for review by the Council. (City Attorney) Assistant City Attorney Hull stated that staff was seeking guidance and clarification on the proposed ordinance. Mayor Padilla explained that after the Council provides input and feedback on the draft ordinance, it could be forwarded to appropriate commissions for review, should the Council so desire. Councilmember Castaneda said he would like an understanding of the body of law surrounding the Council's ability to regulate lobbyists. He suggested that the Council provide comments in writing, come back with further comments, and also forward comments to the Charter Review Commission and Board of Ethics. Page 8 - Council Minutes http://www.chulavistaca.gov May 2, 2006 ACTION ITEMS (Continued) Councilmember Chavez expressed the need to be very detailed in order to avoid loopholes. She stated that many people do not identify themselves as lobbyists, but rather as consultants, lawyers, publicists, or advocates, as examples. She believed it was important for City decision makers and the community to understand exactly who is contacting the Council, if they are lobbyists, and how much they are getting paid. She said the proposed ordinance needed to be easy to read and understand so it is clear who is considered to be a lobbyist. The Council also needs to discuss registration fees. Deputy Mayor McCann referenced Section 2.72.030 of the draft ordinance that allows for a number of exemptions and loopholes for attorneys, stating that it was important to ensure that attorneys are subject to scrutiny. He also discussed employee groups outside the City being considered lobbyists, the need to classify the different types of lobbyists, and to have the different types well defined. He suggested that lobbyists could be required to register prior to engaging in any activity, and he recommended a $1,000 fine per violation. He also recommended that lobbyists be required to file Statements of Economic Interests, providing full disclosure; and that the Council look at developing a code of ethics to be signed by the lobbyists. He stated that the draft ordinance was time-critical and should be brought back as soon as possible. Councilmember Rindone spoke of the need for due diligence, to clearly articulate definitions, and to clearly identify types of lobbyists. He expressed interest in how transparency would be obtained for lobbyists and community groups, and he asked that the community have an opportunity to provide input on the matter. Councilmember Castaneda suggested that staff provide an analysis of costs associated with registration, how the additional workload would impact the City Clerk's Office, and also include legal issues. Mayor Padilla stated that it was important to know who is influencing decisions, organizing people to place pressure on elected officials to change policy, and, at the same time, being compensated for it by entities who have a direct financial interest in issues that come back before the very same body. He expressed the importance of the Council conducting due diligence and having Council recommendations reviewed by the Board of Ethics. Councilmember Chavez suggested looking at adequate disclosure requirements; a code of ethics; registration comparable to the cost to the City, with adequate enforcement and monitoring; and referral to the Board of Ethics for review. ACTION: Mayor Padilla moved to refer the matter to the Board of Ethics, working in conjunction with the City Attorney's Office and with Council's input and direction; and return to the Council with a draft ordinance for consideration within 60 days. Councilmember Castaneda seconded the motion, and it carried 5-0. Page 9 - Council Minutes http://www .chulavistaca.gov May 2. 2006 OTHER BUSINESS II. CITY MANAGER'S REPORTS There were none. 12. MAYOR'S REPORTS Request for Council support for City participation in the California Ballet Company's production of California Heritage in Dance. Mayor Padilla announced that the California Ballet Company would be performing at the bayfront and portraying the City's local culture and heritage. He stated that the organization is interested in integrating with the City's Taste ofthe Arts event, and he asked staff to provide any further assistance that the ballet company may need. Mayor Padilla congratulated the Third Avenue Village Association and other sponsors on the success of the recent Cinco de Mayo event. Mayor Padilla asked that an item be placed under Mayor's Reports on the next agenda: consideration of naming a blue ribbon committee of the Council to work with the community on the matter of the San Diego Chargers franchise. He stated that he has not arrived at a position on this matter, and there is a need to get stakeholders in the community, along with members of the Council, to begin working on a method to find out what the community thinks about the matter. He said it was important to emphasize that there have not been any official contacts with the City and that the process will be open and transparent to the community. 13. COUNCIL COMMENTS Deputy Mayor McCann congratulated all those involved with the success of the Cinco de Mayo festival. He asked that the filling of existing vacancies on the Planning Commission be expedited in order to fully staff the commission. Regarding the Chargers franchise, he expressed the need to engage the public and said he believed the Chargers were a regional asset and could raise our community profile. Councilmember Rindone commended the Third A venue Village Association on an excellent Cinco de Mayo celebration. He also congratulated the Northwest Civic Association for its community workshops on a variety of topics. He then called attention to the following upcoming events: dedication of Chula Vista Toyota on Wednesday, May 5, 2006 at 3:00 p.m.; and an analysis of the south bay power plant by the San Diego Port Authority on Wednesday evening, May 5, 2006. Councilmember Chavez announced an upcoming Council workshop on Thursday, May 6, 2006, at 6:00 p.m., to discuss mobilehome park issues. She invited the community to participate in the dialogue. She also thanked City staff on the success of the recent "Take Your Kids to Work Day" event. Councilmember Castaneda reminded the community of the Council workshop this Thursday regarding significant mobilehome park issues. He then thanked Police Chief Emerson, Captain Hunter, and Police staff for reports received by the Public Safety Committee on what the Police Department and Council have done to reduce crime in the past year. He expressed the need to continue to invest in public safety services. Page 10 - Council Minutes http://www .chulavistaca.gov May 2, 2006 -----"-~-- CLOSED SESSION ]4. PUBLIC EMPLOYEE APPOINTMENT PURSUANT TO GOVERNMENT CODE SECTION 54957 Ratification of appointment of Deputy City Attorney II ACTION: The Council unanimously ratified the appointment of Joan Dawson, Deputy City Attorney II. ADJOURNMENT At 7:30 p.m., Mayor Padilla adjourned the meeting to the Regular Meeting on May 9, 2006 at 6:00 p.m. in the Council Chambers. ~),uL-J,~~ Susan Bigelow, MMC, City Clerk Page 11 - Council Minutes http://www .chulavistaca.gov May 2, 2006