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Home My WebLink About2006/10/17 Agenda ~~f?- :~~ '-"':""t-~--...;; ~~~~ CllY OF CHUlA VISfA . Slephen C. Patricia E_ Chavez, Counciln)ernber John McCann, Councilrnernber Jerry R. Rindone, Coullcilrnember Steve Castaneda, COllllcilmember Pad i lIa, Mayor Ji11111101llS01l, Interim City Mdllager Ann Moore, City Anorney Susan Bigelow, City Clerk October 17, 2006 6:00 P.M. I declare under penalty of perjury that I am employed by the City of Chula Vista in the Office of the City Clerk and that I posted this document on the bulletin board according to Brown Act requirements. 276 Fourth Avenue Dated 1*3,4 (, Signed/jj~ ~. Council Chambers City Hall CALL TO ORDER ROLL CALL: Councilmembers Castaneda, Chavez, McCann, Rindone, and Mayor Padilla PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY . OATH OF OFFICE Harriet Acton - Board of Ethics · DID YOU KNOW...ABOUT THE CITY OF CHULA VISTA'S PEACE OFFICER RECRUITING AND HIRING PROGRAM? Presented by Eric Farwell, Police Agent and Irene Mosley, Human Resources Operations Manager. CONSENT CALENDAR (Items I through 8) The Council will enact the Consent Calendar staff recommendations by one motion, without discussion, unless a Councilmember, a member of the public, or City staff requests that an item be removed for discussion. If you wish to speak on one of these items, please jill out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk prior to the meeting. Items pulled from the Consent Calendar will be discussed immediately following the Consent Calendar. 1. APPROVAL OF MINUTES of August 22, August 26, September 14, September 19, September 25, and September 26, 2006. Staff recommendation: Council approve the minutes. 2. WRITTEN COMMUNICATIONS A. Memorandum from Councilmember Castaneda requesting an excused absence from this meeting. Recommendation: Council excuse the absence. B. Memorandum from Councilmember Rindone requesting an excused absence from the October 10, 2006 City Council meeting. Recommendation: Council excuse the absence. 3. A. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING SECTION 8.22.030 OF THE MUNICIPAL CODE TO PROHIBIT SMOKING IN FRIENDSHIP PARK (SECOND READING) 3. B. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING SECTION 8.22.030 OF THE MUNICIPAL CODE TO PROHIBIT SMOKING IN ANY PORTION OF INDEPENDENCE PARK AND RANCHO DEL REY PARK (SECOND READING) 3. C. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING SECTION 8.22.030 OF THE MUNICIPAL CODE TO PROHIBIT SMOKING IN ANY PORTION OF MEMORIAL PARK AND DISCOVERY P ARK(SECOND READING) 3. D. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING SECTION 8.22.30 OF THE MUNICIPAL CODE TO PROHIBIT SMOKING IN ANY PORTION OF ANY CITY PARK NOT SPECIFICALLY DESIGNATED IN THIS SECTION (SECOND READING) Adoption of the ordinances prohibits smoking in City parks. These ordinances were introduced on October 10, 2006. (Public Works Operations Director) Staff recommendation: Council adopt ordinances 3A, 3C, and 3D, and continue ordinance 3B to October 24, 2006. 4. A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING FOR FILING THE FINAL ENGINEER'S REPORT FOR ASSESSMENT DISTRICT 2005-1 (TOBIAS DRIVE) 4. B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING THE DEFERRAL OF ASSESSMENTS AND ESTABLISHING THE RATE OF INTEREST OF FIVE PERCENT PER YEAR AND THE FINANCING PERIOD OF A MAXIMUM OF TEN YEARS APPLIED TO THE DEFERRALS FOR ASSESSMENT DISTRICT 2005-1 (TOBIAS DRIVE) 4. C. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE PLACEMENT OF A LIEN ON THE ASSESSED PROPERTY AT THE SAME TIME AND IN THE SAME MANNER AS OTHER CITY TAXES ARE COLLECTED FOR ASSESSMENT DISTRICT 2005-1 (TOBIAS DRIVE) Page 2 - Council Agenda http://www.chu1avistaca.gov October 17, 2006 Construction on Tobias Drive between Naples Street and Oxford Street is now complete. Adoption of the resolutions accepts the filing of the Engineer's Report on the cost of construction, the deferral of assessments and the establishment of the rate of interest and financing period applied to the deferral of assessment, and authorizes the collection of the assessments on the County tax roll. (General Services Director) Staff recommendation: Council adopt the resolutions. 5. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A THREE-PARTY AGREEMENT BETWEEN THE CITY OF CHULA VISTA, PCR SERVICES CORPORATION (CONSULTANT), AND MCMILLIN OTAY RANCH, LLC (APPLICANT), RELATED TO PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT FOR THE EASTERN URBAN CENTER SECTIONAL PLANNING AREA PLAN, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT McMillin Otay Ranch, LLC filed an application for the Eastern Urban Center Project. The Enviromnental Review Coordinator determined that the proposed project requires the preparation of an Enviromnental Impact Report (EIR). Adoption of the resolution approves the proposed contract with PCR for an amount not to exceed $581,757.50, to provide consultant services for the preparation of the EIR for the proposed project. (Planning and Building Director) Staff recommendation: Council adopt the resolution. 6. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AWARDING THE CONSULTANT AGREEMENT FOR EASTERN UNIVERSITY DISTRICT TRANSIT PLAN TO IBI GROUP, AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT The Eastern University District Plan will provide a conceptual transit-oriented plan and designs for a critical 2,000-acre section of the master planned Otay Ranch community with a rapid transit network linking Otay Ranch's town centers, a university campus, a regional technology park, and other urban centers in the region. The Council previously adopted resolutions to apply for, receive, and transfer grant funds from the State for this project. Adoption of this resolution awards the consultant agreement to IBI Group. (Planning and Building Director) Staff recommendation: Council adopt the resolution. 7. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING REQUEST FROM THE CHULA VISTA HIGH SCHOOL BAND AND PAGEANTRY CORPS AND THE CHULA VISTA SCHOOL FOR THE CREATIVE AND PERFORMING ARTS TO CONDUCT THE ELEVENTH ANNUAL BAND REVIEW, AUTHORIZING TEMPORARY STREET CLOSURES, AND WAIVING CITY FEES FOR POLICE SERVICES Page 3 - Council Agenda http://www.chulavistaca.gov October 17, 2006 The Chula Vista High School Band and Pageantry Corps, in conjunction with the Chula Vista School for the Creative and Performing Arts, is requesting permission to conduct an organized band review on Saturday, November 11, 2006, temporary street closure, and waiver of Police service fees. Adoption of the resolution approves the request. (Police Chief) Staff recommendation: Council adopt the resolution. 8. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING A GRANT OF UNIVERSALLY ACCESSIBLE PLAYGROUND EQUIPMENT FROM KABOOM! FOR EUCALYPTUS PARK; AUTHORIZING THE COMMITMENT OF MATCHING FUNDS THEREFOR; AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT BETWEEN KABOOM! AND THE CITY OF CHULA VISTA As part of a planned City project to make improvements to Eucalyptus Park during the current fiscal year, the City applied for a grant of universally accessible playground equipment for the park. The grant was awarded on October 6, 2006. If accepted, the KaBOOM! organization will provide state-of-the-art playground equipment for two to twelve-year-olds, to be installed by community and other volunteers in partnership with Healthy Eating, Active Communities (HEAC) and the Center for Healthier Communities for Children (CHCC) at Children's Hospital. (Public Works Operations Director). Staff recommendation: Council adopt the resolution. ITEMS REMOVED FROM THE CONSENT CALENDAR PUBLIC COMMENTS Persons speaking during Public Comments may address the Council on any subject matter within the Council's jurisdiction that is not listed as an item on the agenda. State law generally prohibits the Council from taking action on any issue not included on the agenda, but, if appropriate, the Council may schedule the topic for future discussion or refer the matter to staff. Comments are limited to three minutes. ACTION ITEM The Item listed in this section of the agenda is expected to elicit discussion and deliberation. If you wish to speak on this item, please fill out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk prior to the meeting. 7:00 p.m. 9. INTERVIEWS AND APPOINTMENT TO FILL ONE VACANCY ON THE PARKS AND RECREATION COMMISSION Page 4 - Council Agenda http://www .chulavistaca.gov October 17, 2006 OTHER BUSINESS 10. CITY MANAGER'S REPORTS II. MAYOR'S REPORTS Consideration of Council's support of Proposition 86. (Continued from October 10, 2006) 12. COUNCIL COMMENTS Councilmember Chavez: A. Referral to the Public Safety Committee to analyze the current speed bump policy and the new speed cushions in use by other cities. B. Consideration of participation by Youth Commissioners in City Council Meetings to encourage youth involvement in civic matters. CLOSED SESSION Announcements of actions taken in Closed Session shall be made available by noon on Wednesday following the Council Meeting at the City Attorney's office in accordance with the Ralph M Brown Act (Government Code 54957. 7). 13. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) A. Reyes v. City ofChula Vista (USDC 05 CV 2309) B. Gechter v. City ofChula Vista (GIS22609) C. Sidock v. City ofChula Vista (GIS 15970) D. In Re: The Environmental Trust (USBC # 05-02321-LAII) 14. CONFERENCE WITH LEGAL COUNSEL REGARDING INITIATION OF LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(c) One Case 15. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b) One Case ADJOURNMENT to the Regular Meeting on October 24, 2006, 2006 at 6:00 p.m. in the Council Chambers. Page 5 - Council Agenda http://www.chulavistaca.gov October 17, 2006 In compliance with the AMERICANS WITH DISABILITIES ACT The City of Chula Vista requests individuals who require special accommodations to access, attend, and/or participate in a City meeting, activity, or service request such accommodation at least forty-eight hours in advance for meetings and five days for scheduled services and activities. Please contact the City Clerk for specific information at (619) 691-5041 or Telecommunications Devicesfor the Deaf(TDD) at (619) 585-5655. California Relay Service is also available for the hearing impaired. Page 6 - Council Agenda http://www.chulavistaca.gov October 17,2006