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HomeMy WebLinkAboutcc min 2006/07/18 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA July 18, 2006 6:00 P.M. A Regular Meeting of the City Council of the City of Chula Vista was called to order at 6:43 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Councilmembers: Castaneda, Chavez, McCarm, Rindone, and Mayor Padilla 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 . OATHS OF OFFICE Mark Minas - Housing Advisory Commission Pedro De Lara - Charter Review Commission Joanne Clayton - Plarming Commission Scott Vinson - Planning Commission Deputy City Clerk Bennett administered the oaths of office to Commissioners Minas, De Lara, Clayton, and Vinson, and Deputy Mayor McCann presented them with certificates of appointment. · PRESENTATION BY MAYOR PADILLA OF A PROCLAMATION TO BUCK MARTIN, RECREATION DIRECTOR, AND THE FRIENDS OF PARKS AND RECREATION, DECLARING JULY 16-22,2006 AS NATIONAL AQUATIC WEEK IN THE CITY OF CHULA VISTA, ALONG WITH A CHECK FOR $3,500 FROM RUDOLPH AND SLETTEN TO HELP FUND THE ELEMENTARY SCHOOL LEARN TO SWIM PROGRAM Mayor Padilla read the proclamation, and Deputy Mayor McCann presented it to Recreation Director Martin. Mr. Rene Olivo, representing Rudolph and Sletten, presented a check to Mr. Chris Boyd, Chair of the Friends of Parks and Recreation, to help fund the elementary school learn-to-swim program. Recreation Director Martin then introduced Manuel Gonzalez. the new Aquatic Supervisor III. . PRESENTATION BY JACK BLAKELY, DIRECTOR OF THE THIRD AVENUE VILLAGE ASSOCIATION, OF A $1,742 DONATION TO THE CHULA VISTA ANIMAL CARE FACILITY FROM THE PET FEST 2006 PROCEEDS SPECIAL ORDERS OF THE DAY (continued) Lisa Moctazuma, President of the Third Avenue Village Association, presented Dr. York, the City's Veterinarian, with a check in the amount of$I,742.52, representing the proceeds from the recent Pet Fest event, and thanked all of the event sponsors. . DID YOU KNOW...THAT THERE'S A NEW LOOK ONLINE? (Presented by Liz Pursell, Communications Director) Communications Director Pursell provided an overview of the new design of the City's website. Mayor Padilla requested that the Mayor's photo be replaced with the recent Council portrait. Councilmember Rindone inquired, and Ms. Pursell responded, that the feasibility of residents being able to pay bills online is currently being explored. Councilmember Chavez encouraged residents to sign up for the "e-brief." Deputy Mayor McCann suggested the ability to place park reservations on-line be considered as well. CONSENT CALENDAR (Items 1 through 9) Councilmember Castaneda stated he would abstain on Items 3A, 3B, 3C and 3D due to the proximity of his property to the Districts. Councilmember Chavez stated she would abstain on Item 3D due to the proximity of her property to the District. Deputy Mayor McCann stated he would abstain on Items 3B and 3E due to the proximity of his property to the District. City Attorney Moore stated that District 18 was being removed from consideration on Item 3A. 1. WRITTEN COMMUNICATIONS A. Memorandum from Councilmember Castaneda requesting an excused absence from the July I 1,2006 City Council Meeting. Staff recommendation: Council excuse the absence. B. Letter of resignation from Gary Nordstrom, member of the Planning Commission. (This vacancy was posted on July 11, 2006 in accordance with the Maddy Act.) Staff recommendation: Council accept the resignation. C. Letter of resignation from Karen Batcher, member ofthe Board of Ethics. Staffrecommendation: Council accept the resignation and direct the City Clerk to post the vacancy in accordance with the Maddy Act. 2. Item 2 was pulled from the Consent Calendar for discussion. Page 2 - Council Minutes http://www .chulavistaca.gov July 18, 2006 CONSENT CALENDAR (continued) 3. A. RESOLUTION NO. 2006-209, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE ENGINEER'S REPORTS FOR THE FISCAL YEAR 2006/2007 SPREAD OF ASSESSMENTS FOR OPEN SPACE DISTRICTS 2 THROUGH II, 14, 15, 17, M, 20, 23, 24, 26, 31 AND 33, EASTLAKE MAINTENANCE DISTRICT NO.1, BAY BOULEVARD, AND TOWN CENTRE MAINTENANCE DISTRICTS; DECLARING THE INTENTION TO LEVY AND COLLECT ASSESSMENTS; AND SETTING A PUBLIC HEARING REGARDING THESE ASSESSMENTS B. RESOLUTION NO. 2006-210, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE ENGINEER'S REPORT FOR THE FISCAL YEAR 2006/2007 SPREAD OF ASSESSMENTS FOR OPEN SPACE DISTRICT 1, DECLARING THE INTENTION TO LEVY AND COLLECT ASSESSMENTS, AND SETTING A PUBLIC HEARING REGARDING THESE ASSESSMENTS C. RESOLUTION NO. 2006-211, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE ENGINEER'S REPORT FOR THE FISCAL YEAR 2006/2007 SPREAD OF ASSESSMENTS FOR OPEN SPACE DISTRICT 18, DECLARING THE INTENTION TO LEVY AND COLLECT ASSESSMENTS, AND SETTING A PUBLIC HEARING REGARDING THESE ASSESSMENTS D. RESOLUTION NO. 2006-212, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE ENGINEER'S REPORT FOR THE FISCAL YEAR 2006/2007 SPREAD OF ASSESSMENTS FOR OPEN SPACE DISTRICT 20, DECLARING THE INTENTION TO LEVY AND COLLECT ASSESSMENTS, AND SETTING A PUBLIC HEARING REGARDING THESE ASSESSMENTS E. RESOLUTION NO. 2006-213, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE ENGINEER'S REPORT FOR THE FISCAL YEAR 2006/2007 SPREAD OF ASSESSMENTS FOR EASTLAKE MAINTENANCE DISTRICT NO.1, DECLARING THE INTENTION TO LEVY AND COLLECT ASSESSMENTS, AND SETTING A PUBLIC HEARING REGARDING THESE ASSESSMENTS F. RESOLUTION NO. 2006-214, RESOLUTION OF THE CITY CLERK OF THE CITY OF CHULA VISTA APPROVING THE DEVELOPMENT OF A PUBLIC OUTREACH AND EDUCATION EFFORT TO INCLUDE A BASELINE RESIDENT SURVEY REGARDING POTENTIAL OPEN SPACE DISTRICT LEVY INCREASES RELATED TO LEVELS OF SERVICE AND POTENTIAL EXPANSIONS OF SERVICE FOR BRUSH MANAGEMENT EFFORTS TO ENHANCE FIRE SAFETY The City administers and maintains 24 open space districts that have been established over the last 30 years. The districts provide a financing mechanism to maintain the public open space areas associated with each particular development. The levy of an annual assessment for Fiscal Year 200612007 enables the City to collect sufficient funds to provide these ongoing services. (Acting Engineering Director) Page 3 - Council Minutes http://www .chulavistaca.gov July 18,2006 CONSENT CALENDAR (continued) Staff recommendation: Council adopt the resolutions and set the public hearing for August 1,2006 at 4:00 p.m. 4. RESOLUTION NO. 2006-215, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ORDERING THE SUMMARY VACATION OF A PORTION OF THE NORTHWESTERLY SIDE OF QUINTARD STREET LYING ADJACENT TO THE PROPERTIES LOCATED AT 374, 392, 394, 396, AND 398 QUINT ARD STREET The Engineering Department requests that a portion of the northwesterly side of Quintard Street, immediately north of Orange Avenue and easterly of Fourth Avenue, be vacated, as it is no longer needed for public use. (Acting Engineering Director) Staff recommendation: Council adopt the resolution. 5. RESOLUTION NO. 2006-216, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE COUNCIL TO APPROVE CONTRACT WITH BOB MURRAY & ASSOCIATES TO CONDUCT AN EXECUTIVE SEARCH FOR THE POSITION OF CITY MANAGER Adoption of the resolution authorizes the Mayor to approve the scope of an agreement with Bob Murray & Associates to conduct an executive search for the position of City Manager. The firm of Bob Murray & Associates specializes in, and has an excellent reputation throughout the State for conducting municipal executive recruitments. (Human Resources Director) Staff recommendation: Council adopt the resolution. 6. RESOLUTION NO. 2006-217, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2007 BUDGET BY APPROPRIATING $136,600 FROM THE AVAILABLE BALANCE OF THE TRAFFIC CONGESTION RELIEF FUND TO PURCHASE CONSTRUCTION MATERIALS TO COMPLETE STREET MAINTENANCE TASKS BY CITY CREWS (4/5THS VOTE REQUIRED) The Public Works Operations Department recently discovered that asphalt prices for Fiscal Year 2007 would be increasing between 54% and 68%, depending on the type. Therefore, based on the department's estimated usage, a budget adjustment is required to ensure Street Maintenance crews continue to complete street-related tasks, such as pothole patching and street reconstructions, throughout the year. (Public Works Operati ons Director) Staff recommendation: Council adopt the resolution. 7. RESOLUTION NO. 2006-218, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AWARDING A PURCHASING AGREEMENT OF $45,210 TO JENAL ENGINEERING CORPORATION FOR UNDERGROUND FUEL STORAGE TANK REMOVAL AT THE JOHN LIPPITT PUBLIC WORKS CENTER Page 4 - Council Minutes http://www.chulavistaca.gov July 18, 2006 CONSENT CALENDAR (continued) The Public Works Center currently utilizes three underground storage tanks to hold unleaded and diesel fuel. Although no fuel has spilled, two of the tanks failed to pass a state-mandated test to ensure the integrity of the outer wall. As a result, the San Diego County Department of Public Health has directed the City to remove these two non- compliant tanks. (Public Works Operations Director) Staff recommendation: Council adopt the resolution. 8. RESOLUTION NO. 2006-219, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE CITY ENGINEER TO ISSUE AN ENCROACHMENT PERMIT NO. PE-682 FOR INSTALLATION OF A RETAINING WALL AND FENCE ALONG EASTLAKE P ARKW A Y In September 2005, the Design Review Committee approved the Eastlake Village Walk at the southern comer of Eastlake Parkway and Miller Drive that consists of 13.3 acres of commercial land. VWE, LLC, owners of the project, are proposing to construct a retaining wall and fence within the City's right-of-way. The retaining wall was pursuant to Section 12.28 of the Municipal Code. (Acting Engineering Director) Staff recommendation: Council adopt the resolution. 9. RESOLUTION NO. 2006-220, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN ENTRY PERMIT WITH SAN DIEGO GAS AND ELECTRIC (SDG&E) TO ENTER ONTO SDG&E PROPERTY FOR USE AS PUBLIC PARKING AT THE NATURE CENTER EVENT, AND AUTHORIZING THE MAYOR TO EXECUTE THE ENTRY PERMIT On July 22, 2006, the Nature Center will open its newest exhibits. The parking lot normally used for Nature Center visitors is expected to be insufficient to meet the demands of the weekend events at the Nature Center. SDG&E has offered the use of the parcel immediately to the south of the current lot, but is requiring approval of a standard Entry Permit. (Nature Center Director) Staff recommendation: Council adopt the resolution. ACTION: Mayor Padilla offered Items I and 3 through 9, headings read, texts waived. The motion carried 5-0, with the exceptions that Item 3A carried 4-0-1 with the resolution amended to delete District 18 and Councilmember Castaneda abstaining due to the proximity of his property to the district; Item 3B carried 3-0-2 with Councilmember Castaneda and Deputy Mayor McCann abstaining due to the proximity of their properties to the district; Item 3C carried 4-0-1 with Councilmember Castaneda abstaining due to the proximity of his property to the district; Item 3D carried 3-0-2 with Councilmembers Castaneda and Chavez abstaining due to the proximity of their properties to the district, and Item 3E carried 4-0- I with Councilmember McCann abstaining due to the proximity of his property to the district. Page 5 - Council Minutes http://www.chulavistaca.gov July 18,2006 ITEMS REMOVED FROM THE CONSENT CALENDAR 2. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTION 2.05.010 RELATING TO THE ESTABLISHMENT OF UNCLASSIFIED POSITIONS TO ADD THE POSITIONS OF EXECUTIVE DIRECTOR OF THE REDEVELOPMENT AGENCY/CEO OF THE CVRC, CBAG EXECUTIVE DIRECTOR, AND DEVELOPMENT PLANNING IMPROVEMENT MANAGER (SECOND READING, CONTINUED FROM JULY II, 2006, 4/5THS VOTE REQUIRED) Chula Vista City Charter section 500 requires that all unclassified positions not mentioned specifically in Charter section 500 be adopted by ordinance. Adoption of the ordinance adds the unclassified position titles of Executive Director of the Redevelopment Agency/CEO of the CVRC, CBAG Executive Director, and Development Planning Improvement Manager to Municipal Code Section 2.05.010. (Budget and Analysis Director) Interim City Manager Thomson explained that the Municipal Code currently lists titles of all unclassified positions previously approved by the Council. The proposed ordinance would add the titles ofthree new positions created in the Fiscal Year 2007 budget. He further explained that the addition of the positions to the unclassified service was a personnel classification only, to designate the positions as "at will;" and had no impact on the budget. Councilmember Rindone asked staff to refine the process on how to handle unclassified positions that are not funded. ACTION: Deputy Mayor McCann moved to direct staff to bring the ordinance back as amended to remove the positions of Community Liaison in the Office of Mayor and Council, the Director of Employee Development, and the CBAG Operations and Intelligence Coordinator. Councilmember Castaneda seconded the motion and also suggested that staff further review the ordinance to delete any other currently unfunded positions bringing back a revised ordinance reflecting only the budgeted unclassified positions. Deputy Mayor McCann clarified, and Councilmember Castaneda as the second concurred, that the intent of the motion was to bring back the ordinance with three added positions, four positions removed, and make clear the specific positions added and deleted. The motion carried 5-0. PUBLIC COMMENTS David Stucky, representing the Rolling Hills Ranch Community Association, spoke regarding a letter he submitted to the City on behalf of the association requesting reconsideration of the designation of certain City streets within his neighborhood as truck routes. He said he received a response from Deputy Mayor McCann stating that the new signs would be replaced with the prior five-ton limit signs, but only one had actually been replaced. Mr. Stucky asked the Council to reconsider its decision of March 21st and restore all three streets to their former status, stating that the changes were made with no input from the community, imposed unreasonable traffic noise and pollution for the residents, and created dangerous issues for pedestrian traffic and school children. Page 6 - Council Minutes http://www .chulavistaca.gov July 18, 2006 ACTION ITEMS 10. CONSIDERATION OF A REPORT FROM THE CHARTER REVIEW COMMISSION REGARDING THE APPOINTMENT PROCESS FOR UNANTICIPATED VACANCIES ON THE CITY COUNCIL By request of the Council, the Charter Review Commission reviewed the provisions of the City Charter regarding the process for filling unanticipated vacancies on the City Council. In the report, a series of recommendations were presented for Council consideration. (City Attorney) Assistant City Attorney Hull presented the report, which addressed the background and the four issues referred by the Council to the Charter Review Commission. Mayor Padilla and individual Councilmembers recognized and thanked the Charter Review Commissioners for their work and recommendations. Pamela Bensoussan stated the important issues were that the paring down of applicants be done in public, that there be a one-year hiatus for an appointee to run for the same office, that there be an election if more than one year remained in the term, and that there be an appointment if less than one year remained. She urged the Council to respect the major points brought forward and limit tweaking to minor details. She also concurred with Council comments proposing a 45-day, rather than 30-day, period in which to make an appointment; that a unanimous vote to appoint was unnecessary; and that the initial selection of candidates should be done in public. ACTION: Councilmember Rindone moved, with Councilmember Castaneda seconding the motion for purpose of discussion, to accept the Charter Review Commission's report with the following changes: fill a vacancy by election when there are two or more years, rather than only one year, remaining; delete the requirement for a unanimous vote, but require 3 out of 4 affirmative votes; a sub-committee be created to look at the timeframe of Items 1-9 of the proposed policy to be sure there is flexibility, and paring down of applicants is to be done in public. Councilmember Castaneda submitted a friendly amendment to the motion to pose a question to limit appointments to one year or less and to have a single election in which the candidate with the highest number of votes would be successful in order to minimize the cost of a special election to the City. Mayor Padilla asked Councilmember Castaneda to clarity the amendment. Councilmember Castaneda stated he had misread the intent of the Charter Review Commission and the friendly amendment would just include the remaining term of one year or less. Mayor Padilla stated that if the Council was inclined to limit its amendments to minor details and place the bigger questions, such as the length of the remaining term, before the electorate, there could be a two-stage proposition. Councilmember Castaneda concurred, withdrew his friendly amendment, and proposed a second friendly amendment to include the two-step option suggested by the Mayor. Councilmember Rindone stated that he wanted one option to be that two years or more would require an election and two years or less could be a decision of the Council. He then stated he would accept the friendly amendment provided it did not affect the majority requirement. Councilmember Rindone, as the maker of the motion, and Councilmember Castaneda, as the second, concurred to include in the motion the concept of extending the process from 30 to 45 days. Page 7 - Council Minutes http://www .chulavistaca.gov July 18,2006 ACTION ITEMS (continued) Mayor Padilla stated he was opposed to the prohibition on seeking office at the ballot box by an appointed individual. He then reiterated the motion as he understood it to be: accept the report and recommendation of the Charter Review Commission; remove the requirement for unanimity and only require a majority vote of the remaining Councilmembers; create a sub-committee to look at the timeframes and details of the policy; place a two-tiered item before the voters on the question of appointment with one or two years remaining on a term; expand the appointment period from 30 to 45 days; direct staff to clean up some of the details in the policy to reflect the general direction of the Council; and direct staff to bring back a finalized document for consideration of placement before the voters. Councilmember Rindone asked Assistant City Attorney Hull to restate what the Council would vote on regarding Charter revisions. Assistant City Attorney Hull stated that staff was directed to bring back two options for the voters to consider: I) at the two-year mark, an election would be held; if less than two years remain, an election could still be held provided that the language regarding the nominal term remains, and 2) if there were one year left, there would be an election, as was proposed by the Charter Review Commission. Additionally, the majority requirement would be changed from the recommended unanimous vote to a simple majority, and staff would ensure the Charter language is consistent; a sub- committee would be created to look at the timeframe; and staff would make sure the Charter reflects there are 45-days to make an appointment and the majority election language is retained. All other language as proposed by the Charter Review Commission would be brought back for placement on the ballot. The motion carried 5-0. 11. CONSIDERATION OF ADOPTION OF AN ORDINANCE REGULATING LOBBYISTS IN THE CITY OF CHULA VISTA On May 23, 2006, the Council placed on first reading a draft ordinance regulating municipal lobbyists. Council then directed the ordinance be sent to the Board of Ethics for review prior to the second reading. The second reading was to be considered within 60 days of the first reading. (City Attorney) Assistant City Attorney Hull presented the staff report, noting that the Council placed the ordinance on first reading and requested its review by the Ethics Commission. The Ethics Commission held two hearings and recommended that the Council approve the ordinance as written, with a future review that would include consideration of two additional provisions. One would be to require lobbyists to provide a list of gifts given to officials covered by the ordinance, publicly disclosing them in some format; and two, documentation of when a lobbyist collects campaign contributions and delivers them to a candidate, publicly disclosing them in some format. Page 8 - Council Minutes http://www.chulavistaca.gov July 18, 2006 ACTION ITEMS (continued) Jerry Livingston, staff counsel to the Building Industry Association, expressed concerns with potential inadvertent failure to report items, such as the number of contacts, as required by the ordinance; the need for exemptions for routine land use items as in other jurisdictions; the exemption of community organizations that are not paid, which allows them to fly under the radar; and the request for reporting of charitable contributions. Mr. Livingston suggested that his organization and others in the business community, such as the South County Economic Development Commission, Chula Vista Chamber of Commerce, and contracting-related organizations, be contacted to discuss the proposed ordinance in more detail prior to adoption. Additionally, in response to an inquiry by Councilmember Rindone, Mr. Livingston suggested that the end of January be considered as the filing deadline. He also stated that the requirement for quarterly report filing is a common practice; however, the County of San Diego requires reporting only if something is done, and the Airport Authority has quarterly filing requirements only on big-picture items. Councilmember Castaneda inquired if charitable donations made at the behest of a City official to a for-profit or non-profit organization would be covered. Assistant City Attorney Hull responded that the ordinance provisions would cover them, however, donations made to the City have not yet been analyzed. ] ackie Lancaster stated the ordinance should not be adopted without requiring everyone paid to lobby City officials to be registered, including unions and labor organizations; it should be rewritten in plain, simple language for the average citizen to be able to understand it; and although the staff report states no fiscal impact, consideration should be given to the need for an additional staff person to monitor the filings. Deputy Mayor McCann concurred with Ms. Lancaster's comment that the ordinance is difficult to read and comprehend. He also expressed concerns with the charitable contribution clause and referred to a memo from the City Clerk regarding the need for additional staff to handle the additional work created by the ordinance. Further, he stated it must be an efficient system. ACTION: Deputy Mayor McCann moved to create a Council subcommittee to work on the ordinance to ensure it achieves the actual goals of the Council and is easily understood by the citizens. Mayor Padilla seconded the motion for discussion and clarified that the Council consensus was to continue the item, refer it back to staff for amendments, work with the Council subcommittee on those amendments, and bring back a final recommended draft to the Council. Deputy Mayor McCann called for the question, and the motion carried 5-0. Councilmember Rindone inquired and received confirmation that the vote included disseminating the proposed ordinance to community groups for input, with the final draft being brought back to the Council for approval. Mayor Padilla suggested that Deputy Mayor McCann and Councilmember Chavez serve on the sub-committee. Page 9 - Council Minutes http://www .chuJavistaca.gov July 18, 2006 OTHER BUSINESS 12. CITY MANAGER'S REPORTS Interim City Manager Thomson stated that a special dinner for Kitty Razo was scheduled on August 3rd at 6:00 p.m., the same time as the regularly scheduled Council workshop. He recommended that the workshop be cancelled, and the Council concurred with his recommendation. 13. MAYOR'S REPORTS There were none. 14. COUNCIL COMMENTS There were none. CLOSED SESSION 15. 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 10:30 p.m., Mayor Padilla adjourned the meeting to the Regular Meeting on July 25,2006 at 6:00 p.m. in the Council Chambers. ~~~ Lon Anne Peoples, CMC, Senior Deputy City Clerk Page 10 - Council Minutes http://www .chuJavistaca.gov July 18, 2006