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HomeMy WebLinkAboutcc min 2006/05/09 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA May 9, 2006 6:00 P.M. A Regular Meeting of the City Council of the City of Chula Vista was called to order at 6:22 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: City Manager Rowlands, City Attorney Moore, and Senior Deputy City Clerk Peoples PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY · PRESENTATION OF A PROCLAMATION BY MAYOR PADILLA TO GARY HUMMEL OF ELKS LODGE NO. 2011, PROCLAIMING MAY 7 THROUGH MAY 13,2006 AS YOUTH WEEK Mayor Padilla read the proclamation, and Deputy Mayor McCann presented it to Jose Cibrion, Exalted Ruler, and Gary Hummel, Youth Activities Chairman. Mr. Cibrion spoke about the Elks National Foundation trust fund that provides scholarships for students, eagle scouts, girl scouts, children born with disabilities, and drug awareness programs. Mr. Hummel stated that the Elks lodge has given over $15,000 to local schools. He announced that on May II, 2006, students and parents of the Sweetwater Union School District will be honored. · PRESENTATION OF A PROCLAMATION BY MAYOR PADILLA TO LOU EL-KHAZEN, DEPUTY BUILDING OFFICIAL, PROCLAIMING MAY 7 THROUGH MAY 13,2006 AS CALIFORNIA BUILDING SAFETY WEEK Mayor Padilla read the proclamation, and Deputy Mayor McCann presented it to Mr. El-Khazen. · PRESENTATION OF A PROCLAMATION BY MAYOR PADILLA TO POLICE CHIEF EMERSON PROCLAIMING WEDNESDAY, MAY 10, 2006 AS PEACE OFFICERS MEMORIAL DAY Mayor Padilla read the proclamation, and Deputy Mayor McCann presented it to Chief Emerson. Chief Emerson announced that a Peace Officers' Memorial Day service would be held on Wednesday, May lOth at noon in the Organ Pavilion in Balboa Park. SPECIAL ORDERS OF THE DAY (Continued) • INTRODUCTION BY RODERICK REINHART, CULTURAL ARTS AND FUND DEVELOPMENT MANAGER, OF THE 2006 GAYLE MCCANDLISS ARTS AWARDS RECIPIENTS Cultural Arts and Fund Development Manager Reinhart introduced Frances Cornell, Vice Chair of the Cultural Arts Commission. Ms. Cornell, assisted by Deputy Mayor McCann, presented Jaime Rayon and Samuel Julian with Rising Star awards, and each received a plaque and a $600 check. They then presented the San Diego Junior Theatre, represented by Theresa Wulf, Public Relations Director, and Mark Scott, representing his parents, R. "Scott" Scott and Barbara Scott, with Distinguished Service Award plaques of recognition. Diannah Smith, Cultural Arts Commissioner, assisted by Deputy Mayor McCann, presented plaques for the newly established Gayle McCandliss Literary Arts Award to Tom Basinski for non-fiction work and to Bobbe Tatreau for fiction work. • PRESENTATION BY MARY WALSHOK, UCSD ASSOCIATE VICE CHANCELLOR, PUBLIC PROGRAMS, SAN DIEGO DIALOG, REGARDING THE CROSSBORDERSTUDY Ms. Walshok presented the findings of the crossborder study, stating that this region is rich in opportunity, given its location. Recommendations included the need for a crossborder Innovation and Competitiveness Center located on the border to focus on research, education, and technical assistance; energy and environmental technologies; and educational and training programs in Chula Vista. Mayor Padilla stated that the City was the initial sponsor of the study, which began with a meeting with the Governor of Baja and others. Ms. Walshok stated that the meeting was taped and she would obtain copies of the recording for each Councilmember. • DID YOU KNOW...ABOUT ALL THE NEW PARKS IN Chula Vista? Presented as Item 10 on this agenda by Jack Griffin, Director of General Services. This item was discussed in conjunction with Action Item number 10. Mayor Padilla requested and received Council concurrence to hear Items 14 and 15 out of order. They were actually heard at this time. CONSENT CALENDAR (Items l through 8) Councilmember Rindone stated he would abstain on Item 8 out of an abundance of caution, as he is employed by the Sweetwater Union High School District. APPROVAL OF MINUTES of Apri125, 2006. Staff recommendation: Council approve the minutes. Page 2 -Council Minutes http://www.chulavistaca.eov May 9, 2006 CONSENT CALENDAR (Continued) 2. WRITTEN CORRESPONDENCE Letter of resignation from Katherine Magallon, Member of the Design Review Committee. Staff recommendation: Council accept the resignation and direct the City Clerk to post the vacancy in accordance with the Maddy Act. 3. RESOLUTION NO. 2006-134, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FISCAL YEAR 2006/2007 CONTRACT BETWEEN THE CITY OF CHULA VISTA AND THE CHULA VISTA CHAMBER OF COMMERCE FOR THE PROVISION OF CHULA VISTA CONVENTION AND VISITORS BUREAU PROMOTIONAL SERVICES. AND VISITOR AND TRANSIT INFORMATION SERVICES Since 1995, the City has contracted annually with the Chula Vista Chamber of Commerce to provide Convention and Visitors Bureau services. According to Council Policy No. 230-01, the Council annually considers a budget and related contract with the Chamber of Commerce for the provision of Chula Vista Convention and Visitor Bureau Promotion Services, and Visitor and Transit Information Services at the Chula Vista Visitor Information Center and Chamber of Commerce main office. (Community Development Directorl Assistant City Manager) Staff recommendation: Council adopt the resolution. 4. RESOLUTION NO. 2006-135, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE RE-SUBDIVISION MAP OF PORTIONS OF CHULA VISTA TRACT NO. 92-02A, ROLLING HILLS RANCH SUB-AREA III "A" MAP NO. ]4756 AND NEIGHBORHOOD 9A, MAP NO. 14855 Adoption of the resolution approves a re-subdivision map to adjust lot lines for one open space lot of Map ]4756 and nine adjacent residential lots of Map ]4855 within Rolling Hills Ranch. (Acting Engineering Director) Staff recommendation: Council adopt the resolution. 5. RESOLUTION NO. 2006-136, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE FORMAL CONSULTANT SELECTION PROCESS AND APPROVING THE FIRST AMENDMENT TO AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND TRC REAL ESTATE ADVISORS DBA SULLIV AN GROUP REAL ESTATE ADVISORS FOR MARKET ABSORPTION SERVICES FOR THE FORMATION OF COMMUNITY FACILITIES DISTRICTS WITHIN THE CITY OF CHULA VISTA PURSUANT TO THE MELLO- ROOS COMMUNITY FACILITIES ACT OF 1982 Page 3 - Council Minutes httD ://www.chulavistaca.gov May 9. 2006 CONSENT CALENDAR (Continued) TRC Real Estate Advisors, dba Sullivan Group Real Estate Advisors, has provided market absorption services for the City's Community Facilities District (CFD) formation for the last three years. It is recommended that the consultant selection process for these services be waived in the interest of providing continuity within the financing team, and that the first amendment to the agreement be approved. (Acting Engineering Director) Staff recommendation: Council adopt the resolution. 6. RESOLUTION NO. 2006-137, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A PARCEL MAP FOR THE VILLAGE WALK AT EASTLAKE PROJECT In September 2005, the Design Review Committee approved the Eastlake Village Walk that consists of 13.3 acres of commercial land. Due to the irregular shape of the site, the proposed structures encroach on an existing sidewalk easement that is no longer needed. Approval of the parcel map abandons the sidewalk easement. (Acting Engineering Director, Planning & Building Director) Staff recommendation: Council adopt the resolution. 7. RESOLUTION NO. 2006-138, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA TRANSFERRING UNCLAIMED MONIES IN THE AMOUNT OF $38,489 FROM THE CASH BOND DEPOSIT FUND TO THE GENERAL FUND The City currently has unclaimed monies in the cash bond deposit fund. This money was deposited by the Police Department in accordance with Govemment Code Section 50050. According to Govemment Code provisions, money that remains unclaimed for three years may become the property of the City after certain noticing requirements are met. (Police Chief) Staff recommendation: Council adopt the resolution. 8. RESOLUTION NO. 2006-139, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $10,722 FROM SWEETWATER UNION HIGH SCHOOL DISTRICT FOR PARTICIPATION IN EMERGENCY RESPONSE AND CRISIS MANAGEMENT EXERCISES, AND APPROPRIATING $4,395 TO PERSONNEL SERVICES AND $6,327 TO SUPPLIES AND SERVICES IN THE FISCAL YEAR 2006 POLICE DEPARTMENT BUDGET BASED UPON UNANTICIPATED REVENUES (4/5THS VOTE REQUIRED) The Sweetwater Union High School District received a grant for emergency response and crisis management. The Police Department participated in training exercises with the Sweetwater Union High School District to prepare for incidents involving weapons of mass destruction, an earthquake, active shooter(s), a fire or a terrorist act. These training exercises helped familiarize both organizations with each other's methods and procedures to deal with these emergency events. The department will receive $10,722 in reimbursement for staff time and equipment costs associated with the training. (Police Chief) Staff recommendation: Council adopt the resolution. Page 4 - Council Minutes httn:llwww.chulavistaca.oov May 9, 2006 '"" _.~ ..... CONSENT CALENDAR (Continued) ACTION: Mayor Padilla moved to approve staffs recommendations and offered the Consent Calendat, headings read, texts waived. The motion carried 5-0, except on Item 8, which carried 4-0-1, with Councilmember Rindone abstaining out of an abundance of caution. ITEMS REMOVED FROM THE CONSENT CALENDAR There were none. PUBLIC COMMENTS Norbert Stein submitted a check to the City for $200 to begin a fund to purchase a helicopter for use by the Chula Vista Police Department. Taide Pereyra read a letter into the record. It was addressed to City Attorney Moore and requested an investigation regatding conflicts of interest between the City of Chula Vista and the San Diego Country Club Golf Course. The letter requested an investigation of: a) the use of HUD funding in any form that would benefit the San Diego Country Club Golf Course; b) the use of low income statutes to gain any benefits regatding City-funded programs, projects or tax exceptions by the San Diego Country Club Golf Course; c) public disclosure of any privileges or gifts granted to, or received by, any or all members of the City Council and engineers (Planning Department) from the San Diego Country Club Golf Course; d) public disclosure of any membership, ownership (corporate or private), or invested interest in the San Diego Country Club Golf Course by any members of the City Councilor engineers (Planning Department); e) public disclosure of any and all exceptions granted to the San Diego Country Club Golf Course regatding City codes, specifically with regatd to frontage fees, the installation of sidewalks, batbed wire fencing, or the installation and operation of cellulat antennas. She requested a confirmation letter of receipt of this letter by May 23, 2006, and a month]y letter regatding the progress of this investigation. Additionally, she submitted a copy of a petition previously submitted to the Planning Depattment requesting that the installation and operation of the Cricket Wireless antennas (PCC-06-065) be stopped. PUBLIC HEARING 9. CONSIDERATION OF ACCEPTANCE AND APPROPRIATION OF FISCAL YEAR 2005/2006 STATE COPS SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUND (Continued from May 2, 2006) The Police Depattment was awatded $313,889 through the state Supplemental Law Enforcement Services Fund. These funds were allocated to the Police Depattment for purposes required by the Citizens' Option for Public Safety (COPS) Program. Acceptance and appropriation of the funds requires a public heating per stipulations of the state COPS Program. (Police Chief) Page 5 - Council Minutes http://www .chulavistaca. flOV May 9, 2006 PUBLIC HEARING (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, and Chief Emerson presented the staff report. There were no members of the audience wishing to speak, and Mayor Padilla closed the hearing. ACTION: Councilmember Rindone offered the following resolution, heading read, text waived: RESOLUTION NO. 2006-140, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $313,889 FROM THE STATE COPS SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUND, AND APPROPRIATING FUNDS THEREFOR (4/5THS VOTE REQUIRED) The motion carried 5-0. ACTION ITEMS 10. REPORT REGARDING THE CITY'S EFFORTS TO DEVELOP NEW PARK FACILITIES THROUGHOUT THE CITY The General Services, Public Works Operations and Recreation Departments have focused their efforts on the largest park development period that the City has ever seen. In addition to the three core departments, virtually every other department in the City has participated to some extent in this unprecedented park development program. (General Services Director, Public Works Operations Director, Recreation Director) General Services Director Griffin presented the staff report on new park development and then introduced the following staff, who provided an overview of various parks and facilities throughout the City: Patricia Femon, Landscape Planner II - Harborside Park Victoria Toms, Recreation Supervisor III - Veterans Park and Recreation Center Steve Scott, Recreation Supervisor III - Salt Creek Park Shaun Ellis, Recreation Supervisor III - Montevalle Community Center Larry Eliason, Parks and Open Space Manager - Montevalle Park John Krizan, Landscape Architect - Mountain Hawk Park. ACTION: Deputy Mayor McCann moved to accept the report. Mayor Padilla seconded the motion, and it carried 5-0. At 8:37 p.m., Mayor Padilla turned the gavel over to Deputy Mayor McCann and left the meeting. Page 6 - Council Minutes h1:tD:/ /www. chulavistaca. ~ov May 9. 2006 ACTION ITEMS (Continued) II. CONSIDERATION OF THE ISSUANCE OF SPECIAL TAX BONDS FOR COMMUNITY FACILITIES DISTRICT 07-1 AND APPROVAL OF DOCUMENTS AND ACTIONS IN CONNECTION WITH THE ISSUANCE OF THOSE BONDS Adoption of the resolution authorizes the issuance of the second series of special tax bonds for CFD-07-I in the amount of approximately $16,845,000; and approves the form for certain documents related to the issuance of the bonds, including a First Supplemental Bond Indenture, Bond Purchase Agreement and Preliminary Official Statement. (Acting Engineering Director) Principal Civil Engineer Evetovich stated that staff was present to answer any questions. ACTION: Councilmember Rindone offered the following resolution, heading read, text waived: RESOLUTION NO. 2006-141, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 07-1 (OTAY RANCH VILLAGE ELEVEN), AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF A SECOND SERIES OF BONDS OF THE DISTRICT, APPROVING THE FORM OF FIRST SUPPLEMENTAL BOND INDENTURE. BOND PURCHASE AGREEMENT, PRELIMINARY OFFICIAL STATEMENT AND OTHER DOCUMENTS RELATED TO THE ISSUANCE OF THE BONDS, AND AUTHORIZING CERTAIN ACTIONS IN CONNECTION WITH THE ISSUANCE OF THE BONDS The motion carried 4-0, with Mayor Padilla absent. 12. CONSIDERATION OF THE DRAFT HOUSING ELEMENT UPDATE OF THE CITY OF CHULA VISTA GENERAL PLAN FOR THE 2005-2010 PLANNING PERIOD AND AUTHORIZATION TO CIRCULATE DOCUMENT TO THE STATE OF CALIFORNIA FOR REVIEW AND COMMENT The California State Legislature has mandated that all cities and counties prepare a Housing Element as part of the comprehensive General Plan. Staff prepared a draft Housing Element update for the 2005-2010 planning period. (Assistant City Manager/Community Development Director) Assistant Community Development Director Hix introduced Housing Manager Mills who provided the staff report. Councilmember Rindone asked that a supplement with information on upcoming Housing Element workshops be mailed with solid waste bills. Page 7 - Council Minutes httu:/lwww.chulavistaca.lwv May 9, 2006 ACTION ITEMS (Continued) Tony LoPresti, representing the Environmental Health Coalition, recognized and thanked staff for facilitating a strong community involvement process. He then asked that the Council consider increasing redevelopment funds devoted to affordable housing from the state-required 20 percent to 25 to 35 percent. Mr. LoPresti also requested that staff be directed to include language explicitly stating that increasing the redevelopment set-aside from the state-required 20 percent would be evaluated as a high priority in the Housing Element. Councilmember Castaneda suggested that discussion regarding the low to moderate set-aside for redevelopment be held with the Chula Vista Redeve]opment Corporation and Redevelopment Agency as the budget is reviewed. ACTION: Deputy Mayor McCann moved to authorize the circulation of the draft Housing Element update of the General Plan for the 2005-20]0 planning period to the public and the State of California for review and comment. Counci]member Castaneda seconded the motion, and it carried 4-0, with Mayor Padilla now absent. At 9:09 p.m., Deputy Mayor McCann recessed the meeting and convened the joint Council, Redevelopment Agency and Public Financing Authority meeting. He reconvened the City Council meeting at 9:] 6 p.m., with all members present except Mayor Padilla. OTHER BUSINESS 13. CITY MANAGER'S REPORTS City Manager Rowlands reported that a joint meeting of the Council, Planning Commission and Growth Manager Oversight Commission was scheduled for 6:00 p.m. on June ]5, 2006, to discuss the GMOC's annual report. ]4. MAYOR'S REPORTS · Consideration of naming a blue ribbon committee to work with the community on the matter of the San Diego Chargers franchise. This item was taken out of order and actually heard prior to the Consent Calendar. Mayor Padilla stated that the San Diego City Council recently amended the lease agreement with the San Diego Chargers franchise that would allow that franchise, for the balance of this calendar year, to initiate discussions with other municipal entities and communities in the San Diego County region. At the terminus of this calendar year, the franchise would be rree to dialogue with other communities in other parts of the state or nation. He stated that the Council works for the citizens of Chu]a Vista, and any effort on the part of the City to talk about this issue must be done in a responsible, intelligent fashion, and by engaging the citizens to find out what they think and want. Mayor Padilla then recognized Deputy Mayor McCann, whom he credited for being an avid advocate for promoting Chula Vista. Page 8 - Council Minutes httD:llwww.chula vistaca. ~ov May 9, 2006 - -~ .~._.~_.._-- ~.,---,-,,-..' .. ..... ---'---.- OTHER BUSINESS (Continued) 15. COUNCIL COMMENTS John McCann: Citizen feasibility committee discussion regarding San Diego Chargers. This item was taken out of order and actually heard prior to the Consent Calendar. Deputy Mayor McCann explained that the discussion was not to actively recruit the Chargers, but to give the residents of Chula Vista an opportunity to evaluate whether it would be a good decision for the community. It was his hope that other cities would do the same, because the Chargers are an important regional asset, and due diligence is needed by everyone. He stated that a stadium would bring the potential for increasing the timeline for bus rapid transit and major transportation, as well as provide an opportunity to bring in additional revenue for new schools, roads, fire, police and parks. He hoped to put a measure on the November ballot to ask the residents if there was an interest in pursuing the San Diego Chargers. He then stated that they had started putting together a 19-member citizens' feasibility committee to give the residents the necessary information to make an informed decision, clarifying that taxpayer dollars would not be spent on high priced consultants. Local business and community leaders would be asked to donate their time and expertise. He hoped to announce the full committee next week and start the initial work in two weeks. Councilmember Castaneda requested clarification as to how long the Chargers had been free to speak with other entities. Deputy Mayor McCann responded that official discussions could begin this week. Deputy Mayor McCann reiterated that the primary goal was to obtain citizen input, and, if favorable, a package would be put together to present to the Chargers. Councilmember Castaneda clarified that the 19-member committee would hold open public meetings throughout the City to gain citizen input. He also expressed concern that Chula Vista did not have the land or the infrastructure for this purpose, and prior to getting the citizens involved, he would like to see a discussion with the Chargers to determine if they are interested in Chula Vista. Deputy Mayor McCann responded that the land would be a private land deal, with private landowners, which would eliminate issues involved with the use of public land. He concurred that an initial conversation with the Chargers was necessary to determine their interest prior to moving forward. Councilmember Chavez stated that she appreciated the proactive approach being taken to engage the community and to do due diligence. She expressed support for establishing a committee to bring in the community, discuss the issues, analyze in detail, and bring back a proposal to the community for action. Councilmember Rindone said he was interested in entertaining discussions once an amendment to the exclusive negotiating agreement was adopted by the San Diego City Council. Chula Vista needs to ensure that the Chargers are interested, inquire as to what they think are the minimum issues in need ofreview, and then hold public discussions to determine whether or not to proceed with the establishment of a committee, so as not to create a false sense in the community. Page 9 - Council Minutes htto://www.chulavistaca.I!Ov May 9, 2006 COUNCIL COMMENTS (continued) Councilmember Castaneda said he supported a delegation headed by the Mayor and Deputy Mayor McCann, as well as the City Manager and private property owners, to formally request a meeting with Mr. Spanos, and this should be done prior to getting the citizens involved. Councilmember Rindone believed there was a Council consensus to see if the Chargers were willing to talk to Chula Vista, and agreed that this was needed prior to forming a committee. Deputy Mayor McCann stated that the citizen committee would play a very important part in evaluating the process, and if there was interest, the committee needed to be formed expeditiously. Mayor Padilla concurred that a dialog with the Chargers was needed first, and, if a positive response is received, the Council should be prepared to act on forming a committee. ACTION: Deputy Mayor McCann moved that the City of Chula Vista should have initial conversations with the San Diego Chargers on a potential location of a new stadium in Chula Vista. Councilmember Castaneda seconded the motion, and it carried 5-0. Steve Molski commended the Council on its decision to move slowly, proceed with caution, stay fiscally correct, and not get lured by the Chargers. Michelle Rewerts stated that Alex Spanos was not the type of corporate citizen to attract to Chula Vista, and she encouraged a thorough background check. Councilmember Rindone suggested that a proclamation honoring Nurses Week be calendared next year. He also commented that he had used his leftover campaign funds to present a $5,000 check to the Chula Vista Kiwanis Club for its student scholarships; he will be presenting a similar check to the Chula Vista Rotary Club; and he will be making an annual $10,000 contribution for the next four years. Councilmember Rindone then congratulated the City on the ribbon cutting festivities for the new Toyota of Chula Vista dealership; and he announced that McCune Motors' grand opening is scheduled for the end of the month. Additionally, he announced that Monday was a monumental day, as the Chula Vista Blue Ribbon Committee, led by Dr. Kerschner, presented the prospectus for the new university campus, and it was unanimously adopted. Councilmember Rindone then commented on the potential loss of the Superior Court in Chula Vista, due to its having outgrown its facilities; and he asked the City Attorney to bring a report forward in 60 days identifying short-term and long-term issues to be addressed to maintain civil, criminal and family law courts in the City. Deputy Mayor McCann invited the community to attend a ITee lightbulb exchange at the South Chula Vista Library on Saturday, May 13,2006, ITom 10:00 a.m. to 3:00 p.m. Page 10 - Council Minutes httD:/ /www.chulavlstaca.!:!QV May 9. 2006 CLOSED SESSION 16. 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. ADJOURNMENT At 9:30 p.m., Deputy Mayor McCann adjourned the meeting to the Regular Meeting on May 16, 2006, at 6:00 p.m. in the Council Chambers. .~~ Page J 1 - Council Minutes http://www.chulavistaca.gov May 9, 2006