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HomeMy WebLinkAboutcc min 2006/05/23 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA May 23, 2006 6:00 P.M. A Regular Meeting of the City Council of the City of Chula Vista was called to order at 6:11 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 PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY . PRESENTATION BY MAYOR PADILLA OF A PROCLAMATION TO DAVE BYERS, DIRECTOR OF PUBLIC WORKS OPERATIONS; MATT LITTLE, DEPUTY DIRECTOR OF GENERAL SERVICES; AND FRANK RIVERA, PRINCIPAL CIVIL ENGINEER, PROCLAIMING MAY 21 THROUGH MAY 27, 2006 AS NATIONAL PUBLIC WORKS WEEK Mayor Padilla read the proclamation, and Deputy Mayor McCann presented it to Public Works Operations Director Byers, General Services Deputy Director Little, and Principal Civil Engineer Rivera. · DID YOU KNOW...WHAT'S 45 YEARS OLD AND GETTING BETTER EVERY YEAR? THE CITY'S MUSIC IN THE PARKS SUMMER CONCERT SERIES - NEW P ARKS/NEW SCHEDULE. Presented by Roderick Reinhart, Cultural Arts and Funds Development Manager, and Ric Todd, Cultural Arts Coordinator. Cultural Arts and Funds Development Manager Reinhart presented the format and schedule for the summer concert series, sponsored by the City and co-sponsored by the County of San Diego and Noodles & Company. Concerts will be held on Sunday afternoons throughout the summer from 5:00 p.m. to 6:30 p.m. CONSENT CALENDAR (Items I through 8) Councilmember Rindone asked that Item 6 be removed from the Consent Calendar for discussion. Mayor Padilla stated that Item 7 would be removed from the Consent Calendar and trailed at the request of the City Attorney; the item is included below under Items Pulled From the Consent Calendar, but it was actually heard following Item 9. CONSENT CALENDAR (Continued) 1. WRITTEN COMMUNICATIONS · Letter of resignation ITom Emma Abutin, member of the Commission on Aging. Staff recommendation: Council accept the resignation and direct the City Clerk to post the vacancy in accordance with Maddy Act requirements. 2. RESOLUTION NO. 2006-147, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING A CONTRACT FOR THE GUARDRAIL, POST, AND RAIL INST ALLA TION ALONG EAST FLOWER STREET AND POST AND RAIL FENCE INSTALLATION ALONG SURREY DRIVE PROJECT (STL-290) TO A. B. HASHMI, INCORPORATED, TRANSFERRING FUNDS THEREFOR, APPROVING THE FORM OF THE CONTRACT WITH A. B. HASHMI, INCORPORATED, AND AUTHORIZING THE MAYOR TO SIGN THE CONTRACT (4/5THS VOTE REQUIRED) The guardrail installation project (STL-290) was approved and budgeted as part of the fiscal year 2004 capital improvement program. Adoption of the resolution authorizes the transfer of funds to the project ITom the cost savings of the internally illuminated street name signs project (STL-279) in the amount of $20,000. The project will install approximately 220 feet of metal beam guardrail, post and rail fence along East Flower Street, between Hilltop and Bonita Drives, along with approximately 115 feet of post and rail fence and appurtenances along Surry Drive. (Acting Engineering Director) Staff recommendation: Council adopt the resolution. 3. RESOLUTION NO. 2006-148, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING A NEW CAPITAL IMPROVEMENT PROJECT ENTITLED "OTA Y PARK IMPROVEMENTS" (PR-284), WHICH WILL PROVIDE FOR IMPROVEMENTS TO THE EXISTING OT A Y P ARK, LOCATED AT 1613 ALBANY AVENUE IN WESTERN CHULA VISTA; AND TRANSFERRING EXISTING FUNDS FROM CIP "WESTERN CHULA VISTA INFRASTRUCTURE" (GG-188) AND APPROPRIATING TO PR-284 FOR SAID PURPOSE (4/5THS VOTE REQUIRED) The need to improve Otay Park, located in western ChuIa Vista, was identified in 1993. Community workshops were held and a park master plan was prepared in conjunction with the adjacent Otay Elementary School. The Council approved the master plan in 1994. Over the past two years, funding sources were identified to implement two elements of the master plan, a new restroom and one of two designated play areas. Adoption of the resolution establishes the new capital improvement project and authorizes the transfer of funds for use on the project. (General Services Director) Staff recommendation: Council adopt the resolution. Page 2 - Council Minutes http://www .chulavistaca.gov May 23, 2006 - - ~. CONSENT CALENDAR (Continued) 4. RESOLUTION NO. 2006-149, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE JOINT POWERS AGREEMENT CREATING THE CALIFORNIA STATE ASSOCIATION OF COUNTIES (CSAC) EXCESS INSURANCE AUTHORITY AS AMENDED FEBRUARY 28, 2006, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT The City has accessed workers' compensation insurance coverage through the CSAC Excess Insurance Authority (EIA) since 2000 via membership in the California Public Entity Insurance Authority (CPEIA). The EIA has approved a new governance structure that allows non-county public entities' participation in the governance of the organization, thus allowing the City to join directly and eliminate the need to maintain the CPEIA as a separate legal entity. Adoption of the resolution authorizes the execution of the EIA joint powers agreement, allowing the City to become a public entity member and have direct access to EIA's programs with a greater voice in its governance. (Human Resources Director) Staff recommendation: Council adopt the resolution. 5. RESOLUTION NO. 2006-150, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE APPLICATION AND, IF A WARDED, ACCEPTANCE OF A CARL MOYER PROGRAM GRANT FROM THE STATE OF CALIFORNIA AIR RESOURCES BOARD FOR THE RETROFIT OF HEAVY-DUTY, ON-ROAD VEHICLE DIESEL ENGINES On December 8, 2005, the California Air Resources Board adopted a new pollution control measure to assist public fleets in reducing diesel engine emissions in a timely manner. The City plans to retrofit its heavy-duty diesel engines with the most cost- effective emissions control technology available. Adoption of the resolution authorizes staff to apply for a Carl Moyer Program grant to help offset those costs. (Public Works Operations Director) Staff recommendation: Council adopt the resolution. 6. Item 6 was removed trom the Consent Calendar for discussion. 7. Item 7 was removed from the Consent Calendar and trailed to a later time. 8. CONSIDERATION OF APPROVAL TO AMEND THE FISCAL YEAR 2006 EQUIPMENT REPLACEMENT BUDGET TO REPLACE THREE COMBINATION SEWER CLEANING TRUCKS Adoption of the resolution authorizes an amendment to the Fiscal Year 2006 equipment replacement budget, appropriates $819,000 from the available balance of the fleet management fund, and awards a purchase agreement to Dion International, Inc. for the replacement of three combination sewer-cleaning trucks. The Purchasing Agent is authorized to participate in cooperative bids with other government agencies for the purchase of materials of common usage, and has an opportunity to participate in a current City of San Diego bid for favorable terms and pricing. (Public Works Operations Director) Page 3 - Council Minutes http://www .chulavistaca.gov May 23, 2006 CONSENT CALENDAR (Continued) Staff recommendation: Council adopt the following resolution: RESOLUTION NO. 2006-153, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2006 BUDGET BY APPROPRIATING $819,000 FROM THE AVAILABLE BALANCE OF THE FLEET MANAGEMENT FUND AND AWARDING A PURCHASE AGREEMENT IN THE AMOUNT OF $819,000 FOR THREE COMBINATION SEWER CLEANING TRUCKS TO DION INTERNATIONAL, INC. IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF CITY OF SAN DIEGO BID 6971-05-Z AND PURCHASE ORDER 8070191-0 (4/5THS VOTE REQUIRED) ACTION: Mayor Padilla moved to approve staff's recommendations and offered Items I through 5 and Item 8, headings read, texts waived. The motion carried 5-0. ITEMS REMOVED FROM THE CONSENT CALENDAR 6. RESOLUTION NO. 2006-151, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE FORMAL CONSULTANT SELECTION PROCESS, APPROVING THE FIRST AMENDMENT TO A THREE-PARTY AGREEMENT WITH ANTHONY 1. LETTIERI, FAICP, CONSULTANT, AND MCMILLIN OTA Y RANCH, LLC, APPLICANT, FOR CONSULTING SERVICES ON THE EASTERN URBAN CENTER PROJECT, AND AUTHORIZING THE MAYOR TO EXECUTE SAID CONTRACT AMENDMENT The Eastern Urban Center is a large and complex project in the Otay Ranch and has been receiving the attention of senior-level staff and consultants for four years. The proposed contract amendment takes the project entitlement processing through completion of the Environmental Impact Report and Sectional Planning Area Plan. (Planning and Building Director) Staff recommendation: Council adopt the resolution. ACTION: Councilmember Rindone offered Resolution No. 2006-151, heading read, text waived. The motion carried 5-0. 7. RESOLUTION NO. 2006-152, RESOLUTION OF THE CITY OF CHULA VISTA PROVIDING PRELIMINARY APPROVAL OF THE FINAL ENGINEER'S REPORT AND ADOPTING A RESOLUTION OF INTENT TO RENEW THE PROPERTY- BASED BUSINESS IMPROVEMENT DISTRICT FOR DOWNTOWN CHULA VISTA FOR A PERIOD OF TEN YEARS Adoption of the resolution preliminarily approves the Engineer's Report dated March 10, 2006, sets a public hearing for July 18, 2006 to receive public input on the renewal of the Downtown Property-Based Business District (PBID) for a period of ten years, and authorizes the City Manager to initiate the proceedings to renew the district in conformance with the PBID law and California Government Code Section 53753. (Assistant City Manager/Community Development Director) Page 4 - Council Minutes http://www .chulavistaca.gov May 23,2006 ,~~ -~-~ _. -~ -..------ ITEMS REMOVED FROM THE CONSENT CALENDAR (Continued) Councilmember Castaneda stated that he would abstain rrom participation on this item, as he owns property adjacent to the district. He then left the dais. Councilmember Rindone noted for the record that the City Attorney advised him that his residence was not within 500 feet of the district and he could, therefore, participate on this item. ACTION: Mayor Padilla offered Resolution No. 2006-152, heading read, text waived. The resolution carried 4-0-1 with Councilmember Castaneda abstaining. PUBLIC COMMENTS Fred Dufresne reported that a mobilehome was brought into a park without a permit and placed too close to the neighboring lot line. The park manager then adjusted the neighbor's lot line to accommodate the unit. He also stated that Code Enforcement staff had given the neighbors a variance for the lot line and asked if they had the authority to do that. He said that similar incidents were occurring in parks throughout the City. Mayor Padilla requested a response from staff on the matter. Councilmember Rindone noted that a referral to staff was made at the mobilehome workshop to review the mapping in parks, and he asked for a progress report on the issue. Councilmember Castaneda asked staff to report as soon as possible on whether or not the particular unit had been finalled; if not, he asked that it not be finalled until the issue has been resolved. Director of Building and Housing Remp stated that the property has not yet been finalled, and the owner has two options: (1) move the unit 10 inches and relocate all the utilities or (2) process a lot line adjustment, which would require the agreement of the neighboring owner. He further stated that a permit is not required to move a unit into a park; a permit is required only after the wheels have been removed and the unit put in place. Staff is working with all parties to resolve the issue, comply with the law, and not create an undue hardship. Jackie Lancaster stated she had attended the mobilehome workshop and expressed concerns about several parks on Broadway that are in a redevelopment area where people will be forced from their homes. She also stated that the eminent domain proposition ballot question does not reflect the intent of the initiative. She expressed hope that the Council would take action to correct the matter so as not to confuse the public. Gus Chavez, representing the Chula Vista Private Property Protection Initiative and the South Bay Forum, asked the Council to take immediate action to explain the misleading statement on the ballot question to the public by publishing an easy-to-read article, prominently placed, in various newspapers. He believed the question as stated violated the intent of those who signed the petition, because Proposition C would not prevent redevelopment but would ensure protection for private property. Connie Mihos stated that Proposition C as described in the ballot question bears no resemblance to the initiative that was submitted. With the word "private" removed, the question was designed so that the proposition would fail. Councilmember Castaneda asked the City Manager and City Attorney to review options, look into the legality of using public funds to make a public statement regarding Proposition C, and report back to the Council Page 5 - Council Minutes http://www.chulavistaca.gov May 23, 2006 PUBLIC COMMENTS (continued) Assistant City Attorney Hull provided a presentation on the ballot question wording, which was drafted by the City Attorney's Office based on the title and summary written for the measure. The wording was presented twice to the Council, and the public had an opportunity to speak. Both times, the wording was adopted by a 4-0 vote. The language was also presented as part of the impartial analysis, which had a formal lO-day public review period during which time any citizen of the jurisdiction could have filed a writ to change the language if he or she found it to be either not neutral or improper or non-descriptive of the measure. Ms. Hull then provided an overview of the summary, noting that it, too, was provided to the proponents, who, per the Elections Code, had an opportunity to file a writ if they did not agree with the wording. The same wording appeared on all of the petitions the proponents used to gather signatures. Ms. Hull then provided a sentence-by-sentence comparison of the impartial analysis and initiative wording submitted by the proponents. Mayor Padilla noted that if the proposition passes, the language as submitted by the proponents would be the actual language in the Charter. He believed that the Council had had the opportunity to raise questions on two occasions, and all present had voted in favor of the language. PUBLIC HEARINGS 9. CONSIDERATION OF AN ORDINANCE ADDING A SECTION TO THE CHULA VISTA MUNICIPAL CODE TO PROHIBIT SMOKING IN OUTDOOR DINING ESTABLISHMENTS In July 2005, citizens and representatives of local organizations contacted the Mayor's Office expressing their concerns about smoking in outdoor dining establishments. Citing evidence of the dangers of secondhand smoke, these individuals requested the creation of a policy that would prohibit smoking in outdoor dining areas in Chula Vista. (Constituent Services Manager) 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. Constituent Services Manager Encarnacion provided the staff report and responded to questions. The following people were present and spoke in support of the ordinance: Brenda Simons Jonathan Roe Robbi Dodge Paul Florece, Jadianna Hugle and Heather Lee, representing Alcohol and Other Drugs Tanya Rovira-Osterwalder, representing HEAC (Healthy Eating Active Communities) Sharon Floyd Debra Kelley, representing the American Lung Association Molly Bowman-Styles, representing the American Heart Association Jessica Medina along with Kayla Garrett, Amanda Burgan and Oscar Robles, representing TUPE (Tobacco Use Prevention & Education) Page 6 - Council Minutes http://www .chulavistaca.gov May 23, 2006 PUBLIC HEARINGS (continued) Maylin Chavez, representing the Institute for Public Strategies, read a letter of support into the record from the Brigantine Restaurant owners. Jim Platel stated that the term "patio" is a misnomer and will result in smokers moving to the building entrance Dan Nguyen provided an employer's perspective on employees who smoke and the resulting increased costs to an employer There being no further members of the public wishing to speak, Mayor Padilla closed the public hearing. ACTION: In memory of his mother, Mayor Padilla moved to place the following ordinance on first reading, heading read, text waived: ORDINANCE OF THE CITY OF CHULA VISTA ADDING SECTION 8.22.35 TO THE CHULA VISTA MUNICIPAL CODE TO PROHIBIT SMOKING IN ALL OUTDOOR DINING ESTABLISHMENTS Deputy Mayor McCann seconded the motion, and it carried 5-0. Councilmember Castaneda suggested that Communications staff work with the Chamber of Commerce and Convention and Visitors Bureau to inform the business community of the ordinance and encourage compliance and enforcement. He asked for a report back on how staff plans to get the information out to the community. He also asked the City Attorney to either develop a new ordinance or expand this one in the future to include a prohibition of smoking within a certain distance from the entrance to a public building or restaurant. Item 7 was actually heard at this time. A record of the item is included under Items Pulled From the Consent Calendar, above. 10.- ITEMS 10 THROUGH 14 PERTAINED TO APPLICATIONS SUBMITTED BY 14. OTAY PROJECT, 1. P. WITH REGARD TO VILLAGES TWO, THREE AND PORTIONS OF FOUR. THEY WERE CONSIDERED UNDER A CONSOLIDATED PUBLIC HEARING AND STAFF PRESENTATION. Notice of the hearings was given in accordance with legal requirements, and the hearings were held on the date and at the time specified in the notice. Mayor Padilla opened the public hearings for Items 10 through 14. Planning and Building Director Sandoval introduced Items 10 through 14. Principal Planner Rosaler presented the staff reports. Senior Planner Donaghe and Consultant Marni Borg were also present and responded to questions. Deputy Mayor McCann stated that a better job needed to be done to inform potential residents of the Community Purpose Facilities (CPF) zones in the villages, and he also suggested consideration of a trail or pathway across Wolf Canyon. Page 7 - Council Minutes http://www .chulavistaca. gov May 23, 2006 PUBLIC HEARINGS (Continued) Councilmember Chavez asked about the bus rapid transit timeline; expressed concerns with traffic effects from the interim alignment of Heritage Road; and encouraged staff to continue to work with the school district to ensure that children will be sent to Otay Ranch High School, rather than being bussed to Olympic High School. Additionally, she concurred with Deputy Mayor McCann's suggestion for staffto look at a pathway across Wolf Canyon. Councilmember Rindone asked about the landfill agreement, and City Attorney Moore clarified that the County of San Diego holds an easement over the landfill property. The easement runs with the land and would remain even when the landfill is closed, unless the County and the property owner approve its removal. Councilmember Rindone then concurred with Councilmember Chavez' concerns that students who live across the street from a high school should not be bussed elsewhere. Councilmember Chavez suggested that staff explain traffic calming concepts in the marketing for the village. City Attorney Moore noted for the record that, with respect to the conveyance schedule and doing away with it, another significant reason is in the staff report for Item lion page 9, which states that since adoption of the SPA One Conveyance Schedule, equally valuable and high quality biological resources have been found on other preserve lands. There being no members of the public who wished to speak, Mayor Padilla closed the public hearings. 10. CONSIDERATION OF THE FINAL SECOND TIER ENVIRONMENTAL IMPACT REPORT (EIR-02-02) FOR OTAY RANCH VILLAGES TWO, THREE AND A PORTION OF VILLAGE FOUR, SECTIONAL PLANNING AREA (SPA) PLAN AND TENTATIVE MAP Otay Project, L.P. has submitted several applications with regard to Otay Ranch Villages Two, Three and a portion of Four. A final environmental impact report has been prepared in accordance with the California Environmental Quality Act. (Planning and Building Director) ACTION: Councilmember Rindone offered the following resolution, heading read, text waived: RESOLUTION NO. 2006-154, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CERTIFYING THE FINAL SECOND TIER ENVIRONMENTAL IMPACT REPORT (EIR 02-02) FOR THE OT A Y RANCH VILLAGE TWO, THREE, AND A PORTION OF VILLAGE FOUR SECTIONAL PLANNING AREA PLAN AND TENTATIVE MAP; MAKING CERTAIN FINDINGS OF FACT; ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS; AND ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT The motion carried 5-0. Page 8 - Council Minutes http://www.chulavistaca.gov May 23, 2006 ," PUBLIC HEARINGS (continued) 11. CONSIDERATION OF A REQUEST TO AMEND THE CITY OF CHULA VISTA GENERAL PLAN AND THE OTAY RANCH GENERAL DEVELOPMENT PLAN, INCLUDING AMENDMENTS TO THE PHASE 1 AND 2 RESOURCE MANAGEMENT PLAN AND CHULA VISTA MULTIPLE SPECIES CONSERVATION PLAN FOR VILLAGES TWO, THREE AND A PORTION OF VILLAGE FOUR (APPLICANT: OTA Y PROJECT L.P.) Otay Project, L.P. has submitted applications to amend the General Plan and Otay Ranch General Development Plan, including the Phase 1 and 2 Resource Management Plan. (Planning and Building Director) ACTION: Councilmember Rindone offered the following resolution, heading read, text waived: RESOLUTION NO. 2006-155, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AMENDMENT TO THE CITY OF CHULA VISTA GENERAL PLAN AND THE OTAY RANCH GENERAL DEVELOPMENT PLAN, INCLUDING THE PHASE 1 AND 2 RESOURCE MANAGEMENT PLAN FOR VILLAGES TWO, THREE AND A PORTION OF FOUR The motion carried 5-0. 12. CONSIDERATION OF A SECTIONAL PLANNING AREA (SPA) PLAN INCLUDING PLANNED COMMUNITY DISTRICT REGULATIONS, VILLAGE DESIGN PLAN, BUSINESS PARK DESIGN PLAN, PUBLIC FACILITIES FINANCE PLAN, AFFORDABLE HOUSING PROGRAM, AND OTHER REGULATORY DOCUMENTS ON 1,187.3 ACRES OF LAND IN VILLAGES TWO, THREE AND A PORTION OF FOUR IN THE OTA Y RANCH Otay Project, L.P. has submitted an application to adopt the Sectional Planning Area (SPA) Plan, including Planned Community District Regulations for Villages Two, Three and a portion of Village Four in the Otay Ranch. (Planning and Building Director) ACTION: Councilmember Rindone offered the following resolution for adoption and the ordinance for first reading, headings read, texts waived: RESOLUTION NO. 2006-156, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A SECTIONAL PLANNING AREA (SPA) PLAN INCLUDING PLANNED COMMUNITY DISTRICT REGULATIONS, VILLAGE DESIGN PLAN, BUSINESS PARK DESIGN PLAN, PUBLIC FACILITIES FINANCE PLAN, AFFORDABLE HOUSING PROGRAM, AND OTHER REGULATORY DOCUMENTS ON U87.3 ACRES OF LAND IN VILLAGES TWO, THREE AND A PORTION OF FOUR IN THE OTA Y RANCH ORDINANCE OF THE CITY OF CHULA VISTA APPROVING THE SECTIONAL PLANNING AREA (SPA) PLANNED COMMUNITY DISTRICT REGULATIONS FOR OTA Y RANCH VILLAGES TWO, THREE AND A PORTION OF FOUR The motion carried 5-0. Page 9 - Council Minutes http://www.chulavistaca.gov May 23, 2006 PUBLIC HEARINGS (Continued) 13. CONSIDERATION OF A TENTATIVE SUBDIVISION MAP FOR VILLAGE TWO AND A PORTION OF VILLAGE FOUR OF OTAY RANCH (APPLICANT: OTAY PROJECT L.P.) A Tentative Subdivision Map has been submitted for Village Two and a portion of Village Four. (Planning and Building Director) ACTION: Councilmember Rindone offered the following resolution, heading read, text waived: RESOLUTION NO. 2006-157, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A TENTATIVE SUBDIVISION MAP FOR VILLAGE TWO AND A PORTION OF VILLAGE FOUR OF THE OT A Y RANCH The motion carried 5-0. 14. CONSIDERATION OF THE FINAL "A" MAP OF CHULA VISTA TRACT 06-05, OTA Y RANCH VILLAGE TWO AND A PORTION OF VILLAGE FOUR The first Final "A" Map has been submitted for approval on Village Two and a portion of Village Four. (Acting Engineering Director) ACTION: Councilmember Rindone offered the following resolution, heading read, text wmved: RESOLUTION NO. 2006-158, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FINAL "A" MAP OF CHULA VISTA TRACT NO. 06-05, OTAY RANCH VILLAGE TWO AND PORTION OF VILLAGE FOUR THAT IS PROPOSING TO VACATE CERTAIN IRREVOCABLE OFFERS OF DEDICATION FOR PUBLIC PARK AND OTHER PUBLIC PURPOSES, ACCEPTING ON BEHALF OF THE CITY OF CHULA VISTA THE EASEMENTS GRANTED ON SAID MAP WITHIN SAID SUBDIVISIONS, ACKNOWLEDGING ON BEHALF OF THE CITY OF CHULA VISTA THE IRREVOCABLE OFFER OF DEDICATION OF FEE INTEREST OF LOTS "A", "B" AND "C" FOR PUBLIC PARK AND LOT "D" FOR OPEN SPACE PURPOSES, ACCEPTING ON BEHALF OF THE PUBLIC THE PUBLIC STREETS SHOWN THEREON; APPROVING THE SUBDIVISION IMPROVEMENT AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS REQUIRED BY SAID SUBDIVISION; AND APPROVING THE ASSOCIATED SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT, REQUIRING THE DEVELOPER TO COMPLY WITH CERTAIN UNFULFILLED CONDITIONS OF THE TENTATIVE MAP FORCHULA VISTA TRACT NO. 06-05 The motion carried 5-0. Page J 0 - Council Minutes http://www.chuJavistaca.gov May 23, 2006 ____.----"----_~_ _u ..___ __~_....._..... ~'~~"""""""'_.L.'._._.__ .___..___........., ACTION ITEMS 15. REPORT REGARDING HEALTHY EATING, ACTIVE COMMUNITIES (HEAC) INITIATIVE IN CHULA VISTA; AND CONSIDERATION OF APPROVAL OF COUNCIL POLlCIES ON BREASTFEEDING SUPPORT AND PUBLlC VENDING MACHINES IN CITY F ACILlTIES The Healthy Eating, Active Communities (HEAC) is a four-year initiative funded by the California Endowment to address obesity and diabetes among children by improving food and physical activity environments. The California Endowment, a statewide health foundation, selected six California cities to participate in its $26 million initiative, and western Chula Vista is one of the selected sites. Adoption of the resolutions approves Council policies addressing breastfeeding support and public vending machines in City facilities. (Assistant City Manager/Library Director) Assistant City Manager/Library Director Palmer introduced the City's partners, Tanya Rovira- Osterwalder, HEAC Project Coordinator, and Dana Richardson, the South Bay Partnership Director. Ms. Osterwalder made a presentation on the HEAC Initiative. Mr. Richardson provided an overview of local participation. Assistant City Manager/Library Director Palmer highlighted the City's current programs. Georgette Gomez, representing the Environmental Health Coalition, spoke in support of both policies and expressed appreciation for the work being done by HEAC. Councilmember Rindone asked staff to consider including Type 1 diabetes in the programs and ensure that parents receive information on healthy diets and proactive measures to treat or prevent diabetes in children. Deputy Mayor McCarm asked that action on the two proposed resolutions be taken separately. ACTION: Mayor Padilla offered the following resolution, heading read text waived: RESOLUTION NO. 2006-159, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING A COUNCIL POLlCY ON BREASTFEEDING SUPPORT The motion carried 5-0. Deputy Mayor McCarm stated that he did not agree with the methods employed to ban adults from buying in public facilities, stating that while the City should promote a healthy lifestyle, adults should still be given a choice of items to purchase from vending machines. ACTION: Mayor Padilla offered the following resolution, heading read, text waived: RESOLUTION NO. 2006-160, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING A COUNCIL POLlCY ON PUBLlC VENDING MACHINES IN CITY F ACILlTIES The motion carried 4-1, with Councilmember McCarm voting no. Page]] - Council Minutes http://www.chulavistaca.gov May 23, 2006 ACTION ITEMS (Continued) 16. CONSIDERATION OF APPROVAL OF THE PUBLIC WORKS OPERATIONS DEPARTMENT'S STRATEGIC BUSINESS PLAN In developing a Strategic Business Plan for Public Works Operations, several issues were identified that will affect the department in the next five years. Staff has established goals to address those issues proactively and has developed performance measures to track the progress in achieving those goals. (Public Works Operations Director) Staff recommendation: Council adopt the following resolutions: A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE PUBLIC WORKS OPERATIONS DEPARTMENT'S STRATEGIC BUSINESS PLAN B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2006 BUDGET BY APPROPRIATING $96,600 FROM THE AVAILABLE BALANCE OF PUBLIC FACILITIES DEVELOPMENT IMPACT FEE FUND TO PURCHASE EQUIPMENT (4/5THS VOTE REQUIRED) ACTION: Deputy Mayor McCann moved to continue the item to June 6, 2006. Councilmember Chavez seconded the motion, and it carried 4-0 with Councilmember Castaneda away from the dais. 17. DISCUSSION OF PROPOSED ORDINANCE AMENDING TITLE 2 OF THE MUNICIPAL CODE TO ADD CHAPTER 2.72 REGULATING MUNICIPAL LOBBYISTS On May 2, 2006, the Council considered a draft ordinance regulating municipal lobbyists. Based upon the limited direction from the Council, that draft merely required the registration of lobbyists; it did not contain other restrictions or limitations on lobbying activities because the only direction received at that point was to require registration. During the discussion of that draft ordinance, the Council provided additional guidance as to the types of provisions that should be included in a draft ordinance and referred the issue to the Ethics Commission. On May 16, 2006, in an effort to expedite the review of the ordinance, the Council directed this office to return with a draft ordinance directly to the City Council at its next meeting. (City Attorney) Assistant City Attorney Hull provided a presentation on the draft ordinance, which included direction previously received by the Council. Councilmember Chavez suggested the ordinance be adopted as written and then sent to the Ethics Commission for review and comment. Mayor Padilla suggested moving forward with the first reading of the ordinance and requesting input from the Ethics Commission prior to second reading and adoption. Page 12 - Council Minutes http://www.chulavistaca.gov May 23, 2006 - _.~ -----.....-"- ACTION ITEMS (Continued) Councilmember Rindone stated he would not support placing the ordinance on first reading prior to forwarding it to one or more commissions for discussion and input. He emphasized the need for due diligence and expressed concern that placing the ordinance on first reading prior to obtaining input from the commissions would chill the potential for serious input. City Attorney Moore asked for direction on setting the registration fee, and it was the consensus of the Council to obtain full cost recovery and set the fee at $250. ACTION: Councilmember Chavez moved to place the ordinance on first reading, set the registration fee at $250, and refer the ordinance to the Ethics Commission for input prior to bringing it back for final adoption within 60 days. Mayor Padilla seconded the motion, and it carried 4-1, with Councilmember Rindone voting no. OTHER BUSINESS 18. CITY MANAGER'S REPORTS There were none. 19. MAYOR'S REPORTS . Ratification of appointment of Sara Deavenport to the Cultural Arts Commission. Mayor Padilla moved to ratify the appointment of Sara Deavenport to the Cultural Arts Commission. Deputy Mayor McCann seconded the motion, and it carried 5- O. ACTION: 20. COUNCIL COMMENTS · Councilmember Rindone: Interim report on the needs of the Chula Vista Superior Court system. Councilmember Rindone asked that this item be postponed to the meeting of June 6, 2006. Deputy Mayor McCann thanked staff of Parks and Recreation and General Services and everyone else involved in the grand opening celebration for Veteran's Park held this past Sunday. CLOSED SESSION Closed Session was not held, and the following item was not discussed: 21. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8 Property: APN: 643-070-10-00; Property owner: City of Chula Vista; Lessee: HTH Learning, a California non-profit benefit corporation City Negotiator: City: Dana Smith, Assistant City Manager/Community Development Director and Denny Stone, Economic Development Manager Negotiating parties: Lessee: Jed Wallace, Chief Operating Officer, High Tech High Communities Page 13 - Council Minutes http://www.chulavistaca.gov May 23, 2006 ADJOURNMENT At 10:37 p.m., Mayor Padilla adjourned the meeting to the Regular Meeting of June 6, 2006 at 4:00 p.m. in the Council Chambers. ~ "-(u ~v~ Susan Bigelow, MMC, City'tlerk Page 14 - Council Minutes http://www .chulavistaca.gov May 23, 2006 -~. ~ -~---_._._~- .._~ ~----_.-