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HomeMy WebLinkAboutcc min 2006/06/20 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA June 20. 2006 6:00 P.M. A Regular Meeting of the City Council of the City of Chula Vista was called to order at 6:25 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Councilmembers: Castaneda, Chavez, McCann (arrived at 6:26 p.m.), Rindone, and Mayor Padilla (arrived at 6:26 p.m.) ABSENT: Councilmembers: None ALSO PRESENT: Interim City Manager Thomson, City Attorney Moore, and Senior Deputy City Clerk Peoples PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY . OA TH OF OFFICE Jeff Justus - Design Review Commission Deputy City Clerk Bennett administered the oath to Mr. Justus, and Deputy Mayor McCann presented him with a certificate of appointment. . DID YOU KNOW...VOLUNTEERS INSPIRE BY EXAMPLE? Presented by Marcia Raskin, Human Resources Director. and Bobbi Bennett, Senior Human Resources Analyst. Human Resources Director Raskin introduced Senior Human Resources Analyst Bennett, who presented highlights of the Citywide volunteer program. CONSENT CALENDAR (Items 1 through 5) Mayor Padilla stated that Items I and 5 had been pulled from the Consent Calendar at the request of staff. I. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE CITY ENGINEER TO ISSUE ENCROACHMENT PERMIT NO. PE-682 FOR THE INSTALLATION OF A RETAINING WALL AND FENCE ALONG EASTLAKE PARK WAY CONSENT CALENDAR (Continued) In September 2005, the Design Review Committee (DRC) approved the Eastlake Village Walk at the southern corner of Eastlake Parkway and Miller Drive that consists of 13.3 acres of commercial land. VWE, LLC, owner of the project, is proposing to construct a retaining wall and a fence within the City's right-of-way. The retaining wall was approved by the DRC and will be maintained by VWE, LLC. (Acting Engineering Director ) Staff recommendation: The item be removed from the agenda. 2. RESOLUTION NO. 2006- 186, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA RATIFYING THE SUBMITTAL OF A GRANT APPLICATION TO THE CALIFORNIA DEPARTMENT OF CONSERVATION, DIVISION OF RECYCLING, FOR FISCAL YEAR 2006/2007 FOR FUNDS FROM THE CALIFORNIA BEVERAGE CONTAINER RECYCLING FUND AND AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE ALL DOCUMENTS ASSOCIATED WITH APPLICATION AND ACCEPTANCE OF THE GRANT FUNDS Chula Vista is eligible to receive $58,373 for 2006/2007 from the California Department of Conservation, Division of Recycling to be used for beverage container recycling and litter clean-up activities. (General Services Director) Staff recommendation: Council adopt the resolution. 3. RESOLUTION NO. 2006-187, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FILING OF A GRANT APPLICATION TO THE DEPARTMENT OF CONSERVATION'S BEVERAGE CONTAINER RECYCLING COMMUNITY OUTREACH PROGRAM FOR FUNDS TO ENHANCE RECYCLING SERVICES AT SPECIAL EVENTS IN CHULA VISTA The City's large special events annually generate almost three tons of waste that could be recycled. The City intends to make the recycling process more convenient for event- goers by enhancing and streamlining the City's existing special events recycling program. Adoption of this resolution approves application for a Department of Conservation Grant to help fund the project. (General Services Director) Staff recommendation: Council adopt the resolution. 4. RESOLUTION NO. 2006-188, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPOINTING THE DIRECTOR OF GENERAL SERVICES, OR HIS DESIGNEE, TO SIGN THE APPROPRIATE AND REQUIRED GRANT DOCUMENTATION REGARDING THE MURRAY-HAYDEN PROGRAM UNDER THE SAFE NEIGHBORHOOD PARKS, CLEAN WATER, CLEAN AIR AND COASTAL PROTECTION BOND ACT OF 2000 FOR THE "GREG ROGERS PARK IMPROVEMENTS (PRI69)" PROJECT Page 2 - Council Minutes June 20, 2006 CONSENT CALENDAR (Continued) State grant funds were previously accepted for the Greg Rogers Park Improvements (PRI69) project and the Director of Parks & Recreation, or his designee, was appointed to sign the appropriate and required grant documentation from the State. Due to reorganizations since that time, it is necessary to appoint the Director of General Services, or his designee, to sign the grant documentation. (General Services Director) Staff recommendation: Council adopt the resolution. 5. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CHULA VISTA AND THE CHULA VISTA ELEMENTARY SCHOOL DISTRICT REGARDING JOINT OPERATION OF THE DYNAMIC AFTER SCHOOL HOURS (DASH) AFTER SCHOOL RECREATIONAL PROGRAM, AND THE SAFE TIME FOR RECREATION, ENRICHMENT, AND TUTORING FOR CHILDREN (STRETCH) EXTENDED SCHOOL DA Y EDUCA TIONAL PROGRAM; AND AUTHORIZING THE MA YOR TO EXECUTE THE MEMORANDUM OF UNDERSTANDING Adoption of the resolution approves an updated Memorandum of Understanding (MOU) between the City and the Chula Vista Elementary School District for Fiscal Year 2006/2007, which includes expansion of the number of students served at one STRETCH site (Mueller). It also increases enrollment of STRETCH students served at Lorna Verde and Mueller due to the additional funding received from the After School Education and Safety Program. The Chula Vista Elementary School District Board is expected to vote on the Fiscal Year 2006/2007 MOU at its June 20, 2006 meeting. (Assistant City Manager Palmer) Staff recommendation: The item be removed from the agenda. ACTION: Mayor Padilla moved to remove Items 1 and 5 from the agenda and approve staffs recommendations; and he offered Consent Calendar Items 2-4, headings read, texts waived. The motion carried 5-0. ITEMS REMOVED FROM THE CONSENT CALENDAR There were none. PUBLIC COMMENTS Frederick Dufresne referenced an information memorandum dated May 25, 2006 regarding the May 4, 2006 Council workshop on mobilehome issues, stating that none of the mobilehome park residents were given a courtesy copy of the memorandum for appraisal. He questioned why the state should be involved before the park residents have an opportunity to discuss the items in the memorandum. He made reference to the report that indicated staff had engaged in an outreach program to mail copies of the information to each of the mobilehome park ovvners and operators, as well as mobilehome installers, but none of the park residents were included. He also questioned what knowledge a proposed mobilehome liaison would have about all the issues regarding mobilehome parks. Mr. Dufresne informed the Council that he would return on July 1 ] . 2006 to continue the discussion. Page 3 - Council Minutes June 20, 2006 PUBLIC COMMENTS (Continued) Anthony Wujick asked the Council to postpone the installation of a proposed traffic signal at Second and Quintard until further study could be conducted by the City. He stated that there was no community input for this signal installation, and he believed changing the current situation by installing the proposed traffic signal would make a bad situation worse. He asked the Council to direct the Engineering Department to re-evaluate the project, leave the area the way it is, and utilize the funding for other projects. PUBLIC HEARINGS NOTE: ITEMS 6 THROUGH 8 PERTAINED TO APPLICATIONS SUBMITTED BY EASTLAKE COMPANY WITH REGARD TO THE EASTLAKE III SENIOR HOUSING PROJECT. THEY WERE CONSIDERED UNDER A CONSOLIDATED PUBLIC HEARING AND STAFF PRESENTATION. 6. CONSIDERATION OF CERTIFICATION OF THE FINAL SUBSEQUENT ENVIRONMENTAL IMP ACT REPORT FOR THE EASTLAKE III SENIOR HOUSING PROJECT In accordance with the requirements of the California Environmental Quality Act (CEQA), a Subsequent Environmental Impact Report (SEIR) was prepared to analyze the environmental impacts of the proposed EastLake III Senior Housing Project. CEQA Findings of Fact and Statement of Overriding Considerations and a Mitigation Monitoring and Reporting Program were prepared that reflect the conclusions of the Final SEIR. The Final SEIR contains responses to comments received during the public review period. (Planning and Building Director) 7. CONSIDERATION OF AMENDMENTS TO THE CITY'S GENERAL PLAN, EASTLAKE III GENERAL DEVELOPMENT PLAN, SECTIONAL PLANNING AREA PLAN. AND ASSOCIATED REGULATORY DOCUMENTS CHANGING THE LAND USE DESIGNA nON OF 18.4 ACRES AT THE SOUTHWEST CORNER OF OL YMPIC P ARKW A Y AND WUESTE ROAD FOR THE EASTLAKE III SENIOR HOUSING PROJECT The applicant, EastLake Company, submitted applications to amend the City's General Plan and EastLake Planned Community Regulatory documents to change the land use designation of approximately 18.4 acres at the southwest corner of Olympic Parkway and Wueste Road Intersection from Commercial Visitor to Residential High Density. The proposed project would accommodate an Active Senior Adult Community proposing 494 condominium units with amenities and recreational facilities. (Planning and Building Director) Page 4 - Council Minutes June 20. 2006 PUBLIC HEARINGS (Continued) 8. CONSIDERA TION OF A TENT A TIVE SUBDIVISION MAP TO SUBDIVIDE APPROXIMATEL Y 19.6 ACRES INTO TWO LOTS AT THE SOUTHWEST CORNER OF OLYMPIC P ARKW A Y AND WUESTE ROAD FOR THE EASTLAKE III SENIOR HOUSING PROJECT The applicant, Pulte Homes, filed a tentative subdivision map to subdivide 19.6 acres into 2 parcels for 494-unit condominium units. The project is located on the south side of Olympic Parkway, west of the intersection of Olympic Parkway and Wueste Road, within the EastLake III master planned community. (Planning and Building Director) 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 6, 7 and 8. Director of Planning and Building Sandoval introduced the item. Associate Planner Donn then presented the proposed project and was followed by City Consultant Marni Borg, who presented the environmental process for the proposed project. Deputy Mayor McCann asked when the restaurant row site plans would be completed. Mr. Donn replied that the developer was currently working on the plans. Councilmember Chavez asked whether or not the transit line would connect from the site to downtown Chula Vista. Mr. Donn replied that currently the transit line does not extend all the way to the proposed site, but the City's Transit Coordinator has asked the developer to contribute towards transit funds to supply demand in the future. There being no members of the public who wished to speak to Items 6, 7 or 8, Mayor Padilla closed the public hearings. ACTION: Deputy Mayor McCann then offered Resolution Nos. 2006-189, 2006-190 and 2006-191 for adoption and the Ordinance for first reading, headings read, texts waived: RESOLUTION NO. 2006-189, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CERTIFYING THE FINAL SUBSEQUENT ENVIRONMENTAL IMPACT REPORT (FSEIR 05-02) FOR THE EASTLAKE III SENIOR HOUSING PROJECT; 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 Page 5 - Council Minutes June 20, 2006 PUBLIC HEARINGS (Continued) RESOLUTION NO. 2006-190, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AMENDMENTS TO THE CITY'S GENERAL PLAN, EASTLAKE III GENERAL DEVELOPMENT PLAN, THE EASTLAKE III SECTIONAL PLANNING AREA (SPA) PLAN, AND ASSOCIATED REGULATORY DOCUMENTS FOR 18.4 ACRES (AKA EASTLAKE SENIOR HOUSING PROJECT) AT THE SOUTHWEST CORNER OF OL YMPIC P ARKW A Y AND WUESTE ROAD ORDINANCE OF THE CITY OF CHULA VISTA APPROVING AMENDMENTS TO THE EASTLAKE III PLANNED COMMUNITY DISTRICT REGULATIONS AND LAND USE DISTRICTS MAP FOR 18.4 ACRES (AKA EASTLAKE III SENIOR HOUSING PROJECT) AT THE SOUTHWEST CORNER OF OLYMPIC PARKWAY AND WUESTE ROAD RESOLUTION NO. 2006-191, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING TENTATIVE SUBDIVISION MAP (PCS 06-11) FOR 19.6 ACRES AT THE SOUTHWEST CO~l\JER OF OL YMPIC P ARKW A Y AND WUESTE ROAD INTERSECTION FOR THE EASTLAKE III SENIOR HOUSING PROJECT The motion carried 5-0. ACTION ITEMS. 9. REPORT REGARDING CHAMPIONSHIP OFF-ROAD RACING (CORR) CONDITIONAL USE PERMIT (PCC 06-054) MAY 20 AND 21, 2006 RACES On May 2, 2006, the Council approved a Conditional Use (CUP) permit for Championship Off-Road Racing (CORR) to conduct four weekend race events for short track off-road truck races on the existing track in Village Two of the Otay Ranch. The Council required City staff a report on the status of the May races. This report summarizes staff s findings on the conduct of the races. (Planning and Building Director) Director of Planning and Building Sandoval reported that staff received three phone calls as a result of races regarding dogs without leashes, noise impacts, and unsightly tents. No written correspondence was received. Additionally, staff met with the event promoter on June 1, 2006, to look at revisions to the plans to make them more efficient and effective, and operational changes to be made prior to the next events. ACTION: Mayor Padilla moved to accept the report and direct staff to continue monitoring the July races. Deputy Mayor McCann seconded the motion, and it carried 5-0. Page 6 - Council Minutes June 20, 2006 OTHER BUSINESS 10. CITY MANAGER'S REPORTS There were none. 11. MAYOR'S REPORTS Discussion regarding a letter from Chula Vista Elementary School District regarding the Ad-Hoc Committee Mayor Padilla referenced a letter that was addressed to him from the Vice President of the Chula Vista Elementary School District Board of Trustees, Bertha Lopez, and Superintendent Lowell Billings, to request that the Ad Hoc Committee formed in 2003 that included two Council representatives, be disbanded, indicating that many of the objectives of the group have been achieved. Councilmember Chavez stated that while the City is not a legislative branch for the School District, it is important to understand their needs. She suggested that the City look at forming its own committee with two Councilmembers to sit with representatives from the School District to gain better understanding of needs. She felt it was important to maintain open dialogue, especially when it matters to our children. Deputy Mayor McCann stated that he previously served on this committee, which was a catalyst for the construction and completion of High School #13. He stated that although the City does not have jurisdiction over schools, it is very much linked, with a shared constituency and concern about growth, funding priorities with School Resource Officers, and collaborative work with the STRECH and DASH programs. He felt that maintaining dialogue with the School District is invaluable for communication, and that there are still issues to be addressed, such as the School District school building program, over-crowding, zoning, and the common calendar. He suggested that staff write a letter to the School District requesting a meeting to create a scope of what the committee should be. It was the consensus of Council to draft a reply correspondence to the School District from the Mayor on behalf of the Council, requesting a joint meeting to discuss the matter and to perhaps arrive at an amended meeting schedule. Councilmember Castaneda added that the City also works jointly with the Interagency Water Task Force. Similarly, it would be as important to maintain the same level of communication with the School District. 12. COUNCIL COMMENTS A. Councilmember Castaneda: Consideration of adopting a resolution in support of establishing enforceable limits on California's greenhouse gas emissions as proposed in Assembly Bill 32 Linda Wager, Senior Aide for Councilmember Castaneda, introduced Director of Conservation and Environment Michael Meacham and Environmental Resouces Manager Brendan Reed. Ms. Wagner then provided a presentation on the Global Warming Solutions Act, AB 32. Page 7 - Council Minutes June 20, 2006 OTHER BUSINESS (Continued) Councilmember Castaneda stated that the City has been in the forefront to limit the production of greenhouse gasses and has made progress. although further progress is necessary. He spoke of a recent article in the Union Tribune that claimed a high level executive of a utility company had expressed no interest in dealing with the issue of global warming. Councilmember Castaneda stated that the City needs to be a leader for the nation in dealing with global warming, and he urged the Council's support of the resolution. Councilmember Rindone stated that the proposed resolution is copasetic with the position the City has taken from the very beginning. He spoke in support of Assembly Bill 32, which is in line with what the City has done as a leader in the environmental field. He added that the issue should be important to all citizens. Furthermore, the Kyoto Protocol that he signed in 1997 placed the City on the map for environmental leadership. Deputy Mayor McCann stated that it was important to understand that the City has been an environmental leader and cited examples such as busses that run on clean, natural gas with no emissions, and planning infrastructure for clean transportation Mayor Padilla stated that there is scientific evidence and unanimity that the consumption of fossil fuels and emission of Carbon Dioxide is a human behavior that is warming the planet. He stated that it was a shame that the United States is one of only two modern, industrialized nations that have refused to sign the Kyoto Protocol. He said the City has a long history of providing leadership at the local level taking steps regarding our contribution to global warming. He said he was pleased to support the proposed resolution. ACTION: Councilmember Castaneda offered Resolution No. 2006-192, heading read, text waived: RESOLUTION NO. 2006-192. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA IN SUPPORT OF ESTABLISHMENT OF ENFORCEABLE LIMITS ON CALIFORNIA'S GREENHOUSE GAS EMISSIONS AS PROPOSED IN ASSEMBLY BILL 32 The motion carried 5-0. B. Deputy Mayor McCann: Consideration of adopting a resolution to eliminate compensation for the Chula Vista Redevelopment Corporation Board Members Deputy Mayor McCann stated that Councilmembers collect a stipend of $700 per month, and the Mayor collects $1.500 per month, for their duties as members ofthe Chula Vista Redevelopment Corporation (CVRC). Many volunteers who give their time to the City do not receive any compensation. He stated he was opposed to the stipend from the beginning and was hopeful that the Council would support him in eliminating the stipend in order to move on to bigger issues of City business. Page 8 - Council Minutes June 20. 2006 OTHER BUSINESS (Continued) Mayor Padilla spoke in support of the proposed resolution and commended Deputy Mayor McCann for taking a position on the matter from the beginning. He stated that the CVRC stipend issue has been a distraction from the real issues and work to be done. He stated, however, that he did not agree that the stipend was inappropriate. The Council seated at that time supported it, and it was earned and arrived at and enacted in a public and lawful way. He said that while he supports moving on, he did not want this to be interpreted by anyone to mean that he or his colleagues did anything inappropriate. Councilmember Rindone stated that it was his intent to support what was agendized, but the proposed resolution on the dais did not support the agendized recommendation. He concurred that the CVRC compensation was earned and justified, but had become a public distraction that has taken away from the focus of establishing the CVRC to ensure new redevelopment dollars to the City and doing due diligence when looking at proposals that come before the City. He spoke in support of the elimination of the compensation and to focussing on the business of the Redevelopment Agency, but said he could not support the resolution presented to the Council on the dais. Deputy Mayor McCann explained that because of bylaws and articles of the CVRC, legal positioning had to occur, and he asked City Attorney Moore to further explain why the resolution was ~Titten the way it was. City Attorney Moore responded that according to the CVRC bylaws, the City Council has the authority to set the stipends and amend the stipends from time to time. As currently set, the stipend was based upon a staff report and public testimony on November 23, 2004. On an interim basis, the City Council could amend the current stipend and set it at an amount of zero, and direct the City Attorney's Office to come back with changes to the bylaws to eliminate the stipend altogether, or to do a tiered approach, at the discretion of the City Council. Because the CVRC is a non-profit corporation, there are requirements that must be complied with, including contact with the City's contract attorney, Joel Kuperberg, who established the CVRC through the formal steps. Councilmember Rindone asked if the modified resolution presented on the dais was legal, since it differed from the agenda title and would eliminate the stipend for both City directors and independent directors. City Attorney Moore replied that the Brown Act requires a general description on the Council agenda of the item to be considered. She further explained that the elimination itself could not occur tonight because of the bylaws. Councilmember Rindone reiterated his support to eliminate the stipend for all directors, effective immediately. Deputy Mayor McCann said he was hopeful that the Council would join him in paying back the stipends in order to restore the public trust. ACTION: Deputy Mayor then McCann offered Resolution No. 2006-193, heading read, text waived: RESOLUTION NO. 2006-193, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA MODIFYING THE COMPENSA TION FOR THE BOARD OF DIRECTORS OF THE CHULA VISTA REDEVELOPMENT CORPORATION AS SET IN COUNCIL RESOLUTION NO. 2004-383 AND REDEVELOPMENT AGENCY RESOLUTION NO. 1900 The motion carried 5-0. Page 9 - Council Minutes June 20, 2006 OTHER BUSINESS (Continued) Councilmember Rindone stated that a dedication was held today at Friendship Park in honor of former Mayor Will Hyde. He encouraged the community to view the new bust of Mayor Hyde, which is a beautiful remembrance of the values he brought to the community. He stated that Mayor Hyde impacted many people, and his care in the community is reflective. Councilmember Rindone commented that at a recent management meeting of the Sweetwater Union High School District, it was suggested that the proposed name for the new high school would be Olympic Vista. He also thanked Councilmember Chavez for attending the recent Hilltop High School graduation. He requested confirmation by staff of the dates for Planning Commission interviews. Deputy Mayor McCann recognized the recent re-opening of Fire Station No.9, which he believed would be very positive for the community. He stated that he also attended the ribbon cutting of the McCune Chrysler Plymouth Dodge dealership. CLOSED SESSION 13. CONFERENCE WITH LABOR NEGOTIA TORS PURSUANT TO GOVERNMENT CODE 54957.6 Agency designated representatives: Councilmembers Steve Castaneda and Jerry Rindone Employee: Interim City Manager Jim Thomson No reportable action was taken on this item. 14. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) A. ACI Sunbow, LLC v. County of San Diego, City ofChula Vista B. Reyes v City of Chula Vista (USDC 05 CV 2309) No reportable action was taken on this item. 15. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b) Rlree Two Cases No reportable action was taken on this item. 16. CONFERENCE WITH LEGAL COUNSEL REGARDING INITIATION OF LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(c) One Case Page 10 - Council Minutes June 20, 2006 This item was not discussed, and no action was taken. ADJOURNMENT At 12:25 p.m., Mayor Padilla adjourned the meeting to Thursday, June 22, 2006 at 6:00 p.m. in the Council Chambers, and thence to the Regular Meeting on July 11, 2006 at 6:00 p.m. in the Council Chambers. ------ " ~ Lorraine Bennett Deputy City Clerk Page]] - Council Minutes June 20, 2006