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HomeMy WebLinkAbout2006/10/24 Item 1 DRAFT MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA October 3, 2006 4:00 P.M. A Regular Meeting of the City Council of the City of Chula Vista was called to order at 4:08 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 (arrived at 4:19 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 . INTRODUCTION BY JIM SANDOVAL, PLANNING AND BUILDING DIRECTOR, OF THE EMPLOYEE OF THE MONTH, HILDA ALMEJO, DEVELOPMENT SERVICES TECHNICIAN Planning and Building Director Sandoval introduced the employee of the month, Hilda Almejo. Deputy Mayor McCann read the proclamation, and Councilmember Rindone presented it to Ms. Almejo. Councilmember Rindone directed staff to establish an employee-of-the-month parking space program and bring it back to Council as soon as possible. . PRESENTATION OF SUMMER READING PROGRAM REPRESENTATIVES FROM THE CHULA VISTA PUBLIC LIBRARY Principal Librarian Jonas recognized representatives of the Chula Vista branch libraries' summer reading program. She then explained the recent "Teen Idol" competition and introduced the top five finalists. Idol winner Dariana Galindo, a 12th grade student at Bonita Vista High School, performed her winning song. . PRESENTATION BY MAYOR PADILLA OF A PROCLAMATION TO FLORA DOWNS JENNINGS SMALL DECLARING OCTOBER 3, 2006 AS FLORA DOWNS JENNINGS SMALL DAY IN CHULA VISTA Mayor Padilla read the proclamation, and Deputy Mayor McCann presented it to Ms. Downs Jennings. J' " !r;-i T DRAFT SPECIAL ORDERS OF THE DAY (Continued) · PRESENTATION BY MAYOR PADILLA OF A PROCLAMATION TO EMMA MCCLEES, SAFETY SPECIALIST, DECLARING THE WEEK OF OCTOBER 2 - 8, 2006 AS DRNE SAFELY TO WORK WEEK Mayor Padilla read the proclamation, and Deputy Mayor McCann presented it to Safety Specialist Emma McClees. · PRESENTATION BY MAYOR PADILLA OF A PROCLAMATION TO MARCI BAIR, CHULA VISTA CHAMBER OF COMMERCE, DECLARING THE WEEK OF OCTOBER 2 - 8, 2006 AS FINANCIAL PLANNING WEEK Mayor Padilla read the proclamation, and Deputy Mayor McCann presented it to Marci Bair. · PRESENTATION BY MAYOR PADILLA OF A PROCLAMATION TO FRAN CORNELL, VICE CHAIR OF CULTURAL ARTS COMMISSION, DECLARING THE MONTH OF OCTOBER 2006 AS NATIONAL ARTS AND HUMANITIES MONTH Mayor Padilla read the proclamation, and Deputy Mayor McCann presented it to Cultural Arts Commissioner Sara Deavenport. Cultural Arts Commission Vice Chair Cornell then thanked the Council for the recognition and acknowledged the strong programs in arts education that are provided and promoted at the local school district level, as well as community cultural activities that take place throughout the City. Vice Chair Cornell invited the public to attend the Cultural Arts Master Plan presentation to the Council on December 7, 2006. · DID YOU KNOW...THE CITY OF CHULA VISTA RECREATION DEPARTMENT HAS AN ELEMENTARY LEARN TO SWIM PROGRAM? Presented by Manuel Gonzalez, Recreation Supervisor, Recreation Department. Recreation Director Martin introduced Aquatics Supervisor Gonzales, who provided a brief presentation of the City's "Learn to Swim" program. CONSENT CALENDAR (Items I through 3) Councilmember Castaneda stated that he would abstain from voting on Item 2, as it pertained to a past client with whom he had a financial relationship. Regarding Item 3, Councihnember Rindone thanked Interim City Manager Thomson for conducting an on-site visitation of the neighborhood. Councilmember Rindone encouraged his colleagues to support the item and expressed his appreciation to staff on the matter. 1. RESOLUTION NO. 2006-300, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE GRANTS OF EASEMENTS AND MAINTENANCE AGREEMENTS FOR CHULA VISTA TRACT NO. 99-04, SAN MIGUEL RANCH PHASE III Page 2 - Council Minutes ) A-'d. October 3, 2006 DRAFT CONSENT CALENDAR (Continued) Adoption of the resolution allows the homeowners association to perpetually maintain the landscaping within the right-of-way for the San Miguel Ranch, Phase III project, consisting of neighborhoods JI, 12, K, and L, is generally located west ofSR-125 along San Miguel Ranch Road. (Acting Engineering Director) . Staff recommendation: Council adopt the resolution. 2. RESOLUTION NO. 2006-301, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE FORMAL BIDDING PROCESS AS IMPRACTICAL AND AUTHORIZING THE CITY'S PURCHASING AGENT TO NEGOTIATE PURCHASE ORDERS DIRECTLY WITH HANSON AGGREGATES, INCORPORATED FOR PROCUREMENT OF AGGREGATE PRODUCTS TO COMPLETE STREET MAINTENANCE TASKS BY CITY CREWS (Continued from September 26, 2006) Adoption of the resolution waives the formal bidding process and authorizes the City's Purchasing Agent to negotiate purchase orders directly with Hanson Aggregates, Inc., as the only remaining aggregate supplier in the South Bay, for procurement of aggregate products to complete street maintenance tasks by Public Works Operations crews. (Public Works Operations Director) Staff recommendation: Council adopt the resolution. 3. RESOLUTION NO. 2006-302, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ORDERING THE CLOSURE OF A PORTION OF CLAIRE AVENUE LYING NORTH OF SHASTA STREET AND SOUTH OF H STREET, PURSUANT TO CALIFORNIA VEHICLE CODE SECTION 2ll0l(A)(1), ESTABLISHING CAPITAL IMPROVEMENT PROJECT STL-33l, AND TRANSFERRING FUNDS NECESSARY TO SECURE THE CLOSED STREET The Engineering Department requests that a portion of Claire Avenue, lying north of Shasta Street and south of H Street, be closed pursuant to California Vehicle Code Section 21101 (a)(l). The subject portion of Claire Avenue is not needed for vehicular traffic. (Acting Engineering Director) Staff recommendation: Council adopt the resolution. ACTION: Mayor Padilla moved to approve staffs recommendations and offered the Consent Calendar, headings read, texts waived. The motion carried 5-0, except for Item 2, which carried 4-0-1, with Councilmember Castaneda abstaining. ITEMS REMOVED FROM THE CONSENT CALENDAR There were none. Page 3 - Council Minutes iA'3 October 3, 2006 T DRAFT PUBLIC COMMENTS Kori Reese, Denise Engburg, and Stephanie Pereda, representing Otay Ranch's Academy of Criminology and Justice, thanked Councilmember Chavez for reminding them of the opportunity to attend Council meetings and thanked the Council for the opportunity to observe how the meetings are conducted. Angela Brill thanked Mayor Padilla for his leadership in notifying the Metropolitan Transit System (MTS) of issues regarding local bus routes, and urged MTS to re-evaluate some of the bus routes, particularly 709A, that have raised concerns for area residents. ACTION ITEMS 4. APPOINTMENT TO FILL VACANCY ON THE PORT COMMISSION (Continued from September 26, 2006) The Council conducted interviews to fill the vacancy on the Port Commission at the City Council Meeting of September 26, 2006. As directed at that meeting, this item was brought back for the Council to make an appointment. Item 6 was heard at this time, and Item 4 was actually considered following Items 6 and 10. Laura Hunter, representing Environmental Health Coalition spoke in support of Mr. Najera as Chula Vista's representative on the Port Commission. ACTION: Deputy Mayor McCann moved to appoint Mike Najera as the City's representative to the Port Commission. Councilmember Castaneda seconded the motion, and it carried 4-1 with Councilmember Rindone voting no. 5. UPDATE REPORT ON OTAY RANCH EASTERN URBAN CENTER SECTIONAL PLANNING AREA (SPA) PLAN (Continued from September 26, 2006) The report was to provide the City Council with an overview of the objectives for the Eastern Urban Center envisioned in the City's planning documents and an overview of the transportation systems, which are planned to serve the Eastern Urban Center. (Planning and Building Director) Item 5 was actually considered following Items 6, 10 and then 4. Planning and Building Director Sandoval briefly explained the presentation format. Project Manager Letteri gave an overview of the Eastern Urban Center concept plan, including the transit component. At 8:27 p.m., Mayor Padilla announced a brief meeting recess due to the lack of quorum. The meeting resumed at 8:29 p.m. Page 4 - Council Minutes JA- L/ October 3, 2006 DRAFT ACTION ITEMS (Continued) Miriam Kirshner, representing the Metropolitan Transit Service Board and the San Diego Association of Governments, presented the South Bay Bus Rapid Transit Corridor Plan. Principal Planner Rosaler presented the General Development Plan component of the Eastern Urban Plan, and Todd Galarneau, representing the McMillin' Company, presented the objectives, planning, and urban design for the Eastern Urban Center project: Councilmember Rindone stated that the proposed design principles for Eastern Urban Core should also be included in west side planning, with the addition of a historical preservation principle. Derrick Dudley spoke in support of the proposed plan. He also talked about the areas between Hilltop and Third Avenue and between Third and Naples on the west side, stating that there are still no sidewalks for the residents who live in those areas, and the citizens on the west side are concerned about being left behind with the new development. He asked the Council not to forget about the west side. Councilmember Chavez spoke of the need to create overall sustainability; to make the west side the historical area of the City; and to ensure transit connectivity between east and west. Deputy Mayor McCann suggested the inclusion of a concept of affordable ownership and housing opportunities in the proposed plan. ACTION: Councilmember Rindone moved to accept the report. Deputy Mayor McCann seconded the motion, and it carried 4-0-1, with Councilmember Castaneda absent from the dais. 6. CONSIDERATION OF ADOPTION OF THE TENETS OF THE U.S. MAYORS CLIMATE PROTECTION AGREEMENT The Mayor's Office has been urged by the Sierra Club, the Environmental Health Coalition and other individuals to sign the U.S. Mayors' Climate Protection Agreement and take all necessary steps locally to reduce atmospheric pollution. Adoption of the resolution approves the tenets of the agreement and authorizes the Mayor to execute the agreement. (Land Use/Coastal Policy Advisor) Item No.6 was taken out of order, and public testimony concerning the item was actually heard prior to Items 4 and 5. Todd Verbilk, representing the Sierra Club Cool Cities Campaign, stated that the text of the proposed resolution is very strong, reflects a forward-thinking city, and identifies potential and predicted global warming effects on the City. He believed that the proposed resolution would secure the City's economic future, and he urged the Council to adopt it. Laura Hunter, representing the Environmental Health Coalition, stated that there was a limited amount of time to deal with the issue. She spoke in support of the proposed resolution and also of adopting additional language to commit to developing energy and sustainability standards for all City buildings, as well as all new buildings in the City. She also supported the concept of a sustainability handbook. Page 5 - Council Minutes ;A-S October 3, 2006 y DRAFT ACTION ITEMS (Continued) Alexandra Hart, representing mEW 569 Apollo Alliance, urged the Council to adopt the resolution and spoke about the importance of environmental protection and sustainability. Jim Peugh, representing the San Diego Audobon Society, urged the Council to adopt the proposed resolution, which would benefit everyone in the long tllrm. Rochelle Becker, representing the Alliance for Nuclear Responsibility, expressed the need to address air contaminants before they occur and also limit the existing contaminants. She spoke in support of the proposed resolution. Mack Collins, representing California Interface Power and Light, expressed the importance of local action on climate protection and spoke in support ofthe proposed resolution. ACTION: Mayor Padilla offered Resolution No. 2006-303, heading read, text waived, and directed staff to obtain a clearer policy that applies the Leadership in Energy and Environmental Design (LEED) Silver standard or equivalent; look at developing a sustainability guidebook; come back in six months with a report on the "Chula Vista Research Project" being undertaken by the City, the Gas Technology Institute, and San Diego State University; and provide recommendations for a policy regarding sustainability standards for application on a broader scale: RESOLUTION NO. 206-303, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE TENETS OF THE U.S. MAYORS CLIMATE PROTECTION AGREEMENT; AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT The motion carried 5-0. At 5:07 p.m., Mayor Padilla announced a brief recess. The meeting reconvened at 5:15 p.m., with all members present. Item 10 was actually heard at this point in the meeting. OTHER BUSINESS 7. CITY MANAGER'S REPORTS Interim City Manager Thomson announced that a joint meeting of the City Council, Redevelopment Agency and Chula Vista Redevelopment Corporation would be held on Thursday, October 5, 2006 at 6:00 p.m. in Council Chambers. 8. MAYOR'S REPORTS Mayor Padilla spoke regarding a proposal on an application that was denied as incomplete for Mr. Eduardo Valerio with respect to a marquee sign to promote the Chula Vista Auto Park, Knotts Soak City and Coors Amphitheatre. He directed the Planning and Building Department and City Attorney's Office to collaborate to see if there is a way to bring the matter back for Council consideration. He then expressed concern that key stakeholders were not collaborating as they should. Page 6 - Council Minutes lA-V, October 3, 2006 DRAFT OTHER BUSINESS (Continued) Deputy Mayor McCann stated that proper signage, which could potentially save taxpayer money and promote additional revenue for the City, was missing from the Auto Park. Councilmember Castaneda spoke in support of the comments made by Mayor Padilla and Deputy Mayor McCann and expressed the need to make it decision whether or not to spend taxpayer money to accomplish the marketing of the auto malL ' 9. COUNCIL COMMENTS . Deputy Mayor McCann: Request for additional analysis and discussion of Proposition 90. ACTION: Deputy Mayor McCann directed the Planning and Building Department and City Attorney's Office to analyze how Proposition 90 would affect community planning in Chula Vista. ACTION: ACTION: ACTION: ACTION: . Councilmember Rindone: Referral of option for mobilehome park sites and overlay use zone. Councilmember Rindone directed the Planning and Building Department to work with the City Attorney's Office to analyze zoning options for mobilehome park sites throughout the City, including an analysis of the use of an overlay zone and/or relevant information pertaining to a potential General Plan Amendment with respect to those sites; and return to the Council on or before October 24, 2006. Councilmember Chavez spoke about an item she pulled from a prior meeting agenda regarding the transfer of funds from one area to another, and she directed staff to bring the item back before the Council at its next meeting. Councilmember Chavez directed staff to bring the item regarding zoning-related matters for the Eastlake Design District before the Council in three weeks. Councilmember Chavez directed staff to provide an analysis of the City's position regarding funding for brush abatement, and how to plan for it in next year's budget. ACTION ITEMS (Continued) 10. INTERVIEWS AND APPOINTMENT TO FILL THREE VACANCIES ON THE BOARD OF ETHICS This item was actually considered beginning at 5:15 p.m., following Item 6. The following applicants were interviewed by the City Council: Harriet Acton Norma Toothman Todd Glanz JA-I( October 3, 2006 Page 7 - Council Minutes T ACTION ITEMS (Continued) DRAFT During the interview of Mr. Todd Glanz, Mayor Padilla announced that, out of an abundance of caution, he would recuse himself from participating in the remainder of the interview, citing the possibility that Mr. Glanz represented him as a client of Allstate Insurance with regard to a collision he was involved in a number of years ago. Mayor Padilla then left the dais. He returned at 6:05 p.m. The following applicants were then interviewed: Valerie McFarland Elizabeth Scott Mayor Padilla asked City Attorney Moore to ascertain whether he had any potential conflict of interest with respect to his participation in discussions regarding applicant Todd Glanz. City Attorney Moore responded that there was technically no conflict of interest under the Fair Political Practices Act or any other type of law; Mr. Glanz was not retained by Mayor Padilla regarding the collision case. ACTION: ACTION: Councilmember Rindone moved to appoint Todd Glanz to fill the first vacancy on the Board of Ethics. Councilmember Castaneda seconded the motion, and it carried 4-1 with Councilmember Chavez voting no. Councilmember Rindone moved to appoint Elizabeth Scott to fill the second vacancy on the Board of Ethics. Deputy Mayor McCann seconded the motion, which failed 3-2, with Mayor Padilla and Councilmember Castaneda voting no. (Per the Municipal Code, a 4/5ths vote is required for an appointment to the Board of Ethics.) At 7:09 pm. Council took a brief recess. The meeting reconvened at 7:23 p.m. with all members present. Deputy Mayor McCann moved to appoint Norma Toothman to fill the second vacancy on the Board of Ethics. Councilmember Castaneda seconded the motion. Councilmember Rindone requested an amendment to the motion to support the appointment of Elizabeth Scott and Norma Toothman for the two remaining positions. No vote was taken on the original motion. ACTION: ACTION: Deputy Mayor McCann moved to appoint Norma Toothman and Elizabeth Scott to fill the two remaining vacancies on the Board of Ethics. Councilmember Rindone seconded the motion. Councilmember Castaneda requested that the maker of the motion bifurcate the motion. The request was denied by the maker of the motion. The motion failed 2-3, with Mayor Padilla and Councilmembers Chavez and Castaneda voting no. Councilmember Castaneda moved to appoint Norma Toothman to fill the second vacancy on the Board of Ethics. Mayor Padilla seconded the motion, and it carried 4-1 with Councilmember Rindone voting no. Page 8 - Council Minutes lA-\( October 3,2006 DRAFT ACTION ITEMS (Continued) ACTION: ACTION: ACTION: ACTION: Councilmember Castaneda moved to appoint Valerie McFarland to fill the third vacancy on the Board of Ethics. Mayor Padilla seconded the motion, which failed 3-2, with Deputy Mayor McCann and Councilmember Rindone voting no. Deputy Mayor McCann moved to appoint Elizabeth Scott to fill the third vacancy on the Board of Ethics. Councihnember Rindone seconded the motion. No vote was taken. Councilmember Castaneda moved to appoint Valerie McFarland to fill the third vacancy on the Board of Ethics. Councilmember Chavez seconded the motion, which failed 3-2, with Deputy Mayor McCann and Councihnember Rindone voting no. Councilmember Rindone moved to appoint Harriet Acton to fill the third vacancy on the Board of Ethics. Deputy Mayor McCann seconded the motion, and it carried 4-1 with Councihnember Chavez voting no. CLOSED SESSION Closed Session was cancelled and the following items were not discussed: 11. 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) ADJOURNMENT At 9:44 p.m., Mayor Padilla adjourned the meeting in memory of Joshua Morrison, son of National City Councilmember Ron Morrison, who passed away on September 28, 2006. A moment of silence was observed in Joshua's honor. The meeting was adjourned to an Adjourned Regular Meeting on October 5, 2006, at 6:00 p.m., in the Council Chambers; and thence to the Regular Meeting of October 10, 2006, at 6:00 p.m. in the Council Chambers. ----- Lorraine Bennett Deputy City Clerk jA-'1 October 3, 2006 Page 9 - Council Minutes T DRAFT MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA October 10, 2006 6:00 P.M. A Regular Meeting of the City Council of the City of Chula Vista was called to order at 6:09 p.m. in the Council Chambers, located in City Hall, 276 Fourth A venue, Chula Vista, California. ROLL CALL: PRESENT: Councilmernbers: Castaneda, Chavez, McCann, and Mayor Padilla ABSENT: Councilrnernbers: Rindone ALSO PRESENT: Interim City Manager Thomson, Senior Assistant City Attorney Marshall, Senior Deputy City Clerk Peoples, and Deputy City Clerk Bennett PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY . OATHS OF OFFICE: Kathleen Marshall- International Friendship Commission Norma Toothman - Board of Ethics Todd Glanz - Board of Ethics Deputy City Clerk Bennett administered the oath of office to Kathleen Marshall and Norma Toothman, and Deputy Mayor McCann presented each with a certificate of appointment. . PRESENTATION BY MAYOR PADILLA OF A PROCLAMATION TO ROBERT ETHINGTON, CHULA VISTA RESIDENT, FOR DESIGNING AND IMPLEMENTING A CHARITY GOLF TOURNAMENT TO HELP FUND LOW COST SPAY/NEUTER OF CHULA VISTA PETS AND FERAL CATS ON THE "NEUTER SCOOTER" Mayor Padilla read the proclamation, and Deputy Mayor McCann presented it to Mr. Ethington. . PRESENTATION OF A PROCLAMATION BY MAYOR PADILLA TO DR. DOROTHY YORK, ANIMAL CARE FACILITY MANAGER, PROCLAIMING OCTOBER 16,2006 AS NATIONAL FERAL CAT DAY AND RECOGNIZING THE SPAY AND NEUTER ACTION PROJECT FOR ITS DEDICATION AND PARTNERSHIP WITH THE CHULA VISTA ANIMAL CARE FACILITY TO REDUCE ANIMAL POPULATIONS BY PROVIDING SPAY AND NEUTER SERVICES Mayor Padilla read the proclamation, and Deputy Mayor McCann presented it to Dr. York. I B-1 . DRAFT SPECIAL ORDERS OF THE DAY (continued) · PRESENTATION BY ALAN LANGWORTHY FROM THE CITY OF SAN DIEGO'S METROPOLITAN WASTEWATER DEPARTMENT REGARDING SECONDARY SEW AGE TREATMENT Mr. Langworthy made a presentation covering the background and options available to the City of San Diego regarding secondary sewage treatment. Councilmember Castaneda stated that the Council would not allow decisions made by San Diego to affect local ratepayers without having direct participation in the decision-making process. The City is taking a proactive approach and looking at possible ways to control its own destiny with respect to future sewage treatment and the use ofreclaimed water. · DID YOU KNOW...ABOUT THE CITY'S ADULT AND JUVENILE LITERACY PROGRAM? Presented by Patrice O'Halloran, Literacy Coordinator. Literacy Coordinator O'Halloran made the presentation on the program. CONSENT CALENDAR (Items 1 through 4) 1. WRITTEN COMMUNICATION Letter ofresignation from Elroy Kihano, member of the Veterans Advisory Commission. Staff recommendation: Council accept the resignation and direct the City Clerk to post the vacancy in accordance with the Maddy Act. 2. RESOLUTION NO. 2006-304, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A GRANT OF EASEMENTS AND MAINTENANCE AGREEMENT BETWEEN GENERAL GROWTH PROPERTIES (GGP) - OTAY RANCH, L.P., A DELAWARE LIMITED PARTNERSHIP, AND THE CITY OF CHULA VISTA, FOR THE OTAY RANCH TOWN CENTER SHOPPING CENTER PROJECT, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT The final map, along with a subdivision improvement agreement and supplemental subdivision improvement agreement (SSlA), was approved for this project on May 24, 2005. The project is generally located at the northwest comer of Eastlake Parkway and Birch Road, and will consist of major department stores and smaller commercial vendors sharing the site. Adoption of the resolution approves the grant of easements and maintenance agreement as required by the SSlA, and sets forth specific obligations and responsibilities for the maintenance of certain landscaping improvements and facilities adjacent to the project and within the City's right-of-way. (Acting Engineering Director) Staff recommendation: Council adopt the resolution. Page 2 - Council Minutes http://www.chulavistaca.gov /8-;;L October 10, 2006 DRAFT CONSENT CALENDAR (continued) 3. RESOLUTION NO. 2006-305, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA GRANTING AN EASEMENT OVER A PORTION OF CITY RIGHT-OF-WAY IN BAY BOULEVARD TO THE CITY OF SAN DIEGO AS NECESSARY FOR THE SOUTH BAY SEWER PUMP STATION, SOUTH BAY SEWER, AND APPURTENANCES The cities of Chula Vista and San Diego entered into a memorandum of understanding concerning the location and construction of the South Bay sewer pump station in March of 2000. Adoption of the resolution grants the easement to the City of San Diego as conditioned in the memorandum of understanding. (Acting Engineering Director) Staff recommendation: Council adopt the resolution. 4. RESOLUTION NO. 2006-306, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING $590,173 IN UNUSED GRANT FUNDS TO THE FISCAL YEAR 2007 STATE GRANT FUND (4/5THS VOTE REQUIRED) Adoption of the resolution carries forward $590,173 in unused grant funds from Fiscal Year 2006 to Fiscal Year 2007. The Community-Based Transportation Planning grant is funded by the state and will provide up to $201,560 for the Eastern University District Transit Plan. The Transportation Demand Management grant is funded by the Air Pollution Control District and will provide $388,613 for traffic congestion reduction. (Planning & Building Director) Staffrecommendation: Council adopt the resolution. ACTION: Mayor Padilla moved to approve staffs recommendations and offered the Consent Calendar, headings read, text waived. The motion carried 4-0, with Councilmember Rindone absent. ITEMS REMOVED FROM THE CONSENT CALENDAR There were none. PUBLIC COMMENTS Margaret Tuite, a homeowner on Ash Avenue, stated that since the City has outsourced street sweeping services, street sweepers are avoiding the gutters and curbs. She asked how the City could attract top quality developers and occupants when the gutters are so dirty. She urged the Council to address the issue. Mayor Padilla directed staffto address Ms. Tuite's concerns. At 6:55 p.m., Mayor Padilla recessed the Council meeting to convene the Redevelopment Agency meeting. The Council meeting reconvened at 6:58 p.m. with all members present except for Councilmember Rindone. Page 3 - Council Minutes http://www.chulavistaca.gov /8-3 October 10, 2006 T DRAFT PUBLIC HEARINGS 5. CONSIDERATION OF AN AMENDMENT TO THE CHULA VISTA MUNICIPAL CODE TO ADD THE PROHffiITION OF SMOKING IN CITY PARKS (Continued from September 26, 2006) The Council asked staff to analyze the effects of smoking in City parks at the November 15, 2005 Council meeting. Furthermore, the Parks and Recreation Commission also independently asked staff to look at banning smoking in parks. Based on staffs analysis, it is recommended that smoking be prohibited in City parks. (public Works Operations Director) 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. The following people were present and spoke in support of the proposed ordinances: Debra Kelly, representing the American Lung Association. Ross Porter, representing the American Lung Association, read a letter on behalf of Maylin Chavez-Navarro of the Institute for Public Strategies. Tanya Rovira-Osterwalder, representing the Healthy Eating, Active Communities Initiative. Samantha Bowman, representing the Substance Abuse Free Environment (SAFE) group. Caryn Hoffinan, a resident, parent, and educator, spoke on behalf of other tobacco use educators. Amanda Burgan, student of Eastlake High School representing the Tobacco Use Prevention and Education Club. There being no further members of the public wishing to speak, Mayor Padilla closed the hearing. Deputy Mayor McCann questioned whether the proposed ordinance would apply to future parks on Port property. Public Works Director Byers replied that the Port was considering imposing its own restrictions. Deputy Mayor McCann asked who would enforce violations of the proposed smoking ban. Director Byers replied that the Park Ranger would take necessary action, and if necessary, contact the Police Department. Councilmember Chavez asked whether a contact phone number would be posted for enforcement purposes. Staff replied that reservation numbers were currently posted on the shelters at the park and could be used to contact staff for Park Ranger assistance. Also, the contact number could be posted on the proposed enforcement signs. Councilmember Castaneda stated that he lived within 500 feet of Memorial Park and would, therefore, abstain from voting on Item 5C. Councilmember Chavez stated that she lived within 500 feet of Rancho Del Rey Park and would abstain from voting on Item 5B. Page 4 - Council Minutes http://WWW.Ch;eC:go;.; October 10, 2006 DRAFT PUBLIC HEARINGS (continued) ACTION: Councilmember McCann offered the following ordinances for first reading, headings read, texts waived: A. ORDINANCE OF THE CITY Of .CHULA VISTA AMENDING SECTION 8.22.030 OF THE MUNIeIP AL CODE TO PROHIBIT SMOKING IN FRIENDSHIP PARK (FIRST READING) 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 (FIRST READING) 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 PARK (FIRST READING) 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 (FIRST READING) The motion carried 4-0, except on Item 5B, which carried 3-0-1 with Councilmember Chavez abstaining; and on Item 5C, which carried 3-0-1 with Councilmember Castaneda abstaining. 6. CONSIDERATION OF AN AMENDMENT TO THE CHULA VISTA MUNICIPAL CODE TO ADD THE REQUIREMENT FOR PHYSICIANS TO PROVIDE PROOF OF CURRENT MEDICAL LICENSE PRIOR TO ISSUANCE OF A CHULA VISTA BUSINESS LICENSE (Continued from September 26, 2006) 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. There were no members of the public who wished to speak. ACTION: Councilmember Castaneda moved to continue the public hearing to October 24, 2006. Councilmember McCann seconded the motion, and it carried 4-0. 7. CONSIDERATION OF AN AMENDMENT TO THE CHULA VISTA MUNICIPAL CODE TITLE 6, "ANIMALS" TO INCLUDE PUBLIC SALE OF CATS AND DOGS PROHIBITED (CVMC 6.30.020) AND PUBLIC SALE OF CHICKS AND RABBITS RESTRICTED (CVMC 6.30.030) Page 5 - Council Minutes http://www.chulavistaca.gov !fl &:::.... /0-"""'; October 10, 2006 T DRAFT PUBLIC HEARINGS (continued) Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Mayor Padilla opened the public hearing. There were no members of the public who wished to speak. ACTION: Councilmember Castaneda moved to continue the public hearing to October 24, 2006. Councilmember McCann seconded the motion, and it carried 4-0. ACTION ITEM 8. INTERVIEWS AND APPOINTMENT TO FILL ONE VACANCY ON THE PLANNING COMMISSION Mayor Padilla noted that applicant Pat Moriarty had requested to be removed from consideration. At 7:26 p.m., Mayor Padilla handed the gavel to Deputy Mayor McCann and left the meeting to attend the California Coastal Commission meeting in Long Beach. Councilmember Chavez inquired, and Deputy Mayor McCann confirmed, that all prior Planning Commission applicants were eligible for consideration to fill the vacancy. The following applicants were interviewed by the City Council: Rafael Munoz Gabriela Brannan Councilmember Castaneda encouraged Ms. Brannan to consider a potential appointment to the Growth Management Oversight Commission and the Resource Conservation Commission, and he spoke in support of the appointment of Rafael Munoz to the Planning Commission. Councilmember Chavez stated she would like to review all prior candidates prior to making a decision. ACTION: Deputy Mayor McCann moved to continue the item to the meeting of October 24 for appointment by the full Council and to direct staff to forward a list to the Council of all applicants previously interviewed. Councilmember Castaneda seconded the motion, and it carried 3-0, with Councilmember Rindone and Mayor Padilla absent. OTHER BUSINESS 9. CITY MANAGER'S REPORTS There were none. Page 6 - Council Minutes http://www.chulavistaca.gov /8-(P October 10, 2006 DRAFT OTHER BUSINESS (Continued) 10. MAYOR'S REPORTS Consideration of Council's support of Proposition 86. Deputy Mayor McCann requested that, due to the Mayor's absence, this item be continued to the meeting of October 17,2006. 11. COUNCIL COMMENTS Councilmember Chavez thanked everyone who participated in the recent Christmas in October program. Deputy Mayor McCann spoke regarding the success of the Christmas in October program, in which five homes were rehabilitated; congratulated the Chula Vista Rotary Club on its successful fundraiser Saturday at the Auld Golf Course; spoke regarding the recent Fire Department Open House, thanking Fire Chief Perry and his staff; and requested consideration of holding an open house at one of the west side fire stations on a regular basis, as well. CLOSED SESSION Closed Session was cancelled, and the following item was not discussed: 12. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b) . One Case ADJOURNMENT At 8:15 p.m., Mayor Padilla adjourned the meeting to the Regular Meeting of October 17, 2006 at 6:00 p.m. in the Council Chambers. q~~{)~ Senior Deputy City Clerk Page 7 - Council Minutes http://www.chulavistaca.gov /18- 1/ October 10, 2006 . DRAFT MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA October 17,2006 6:00P.M. A Regular Meeting of the City Council of the City of Chula Vista was called to order at 6: 13 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Councilmembers: Chavez, McCann, and Mayor Padilla ABSENT: Councilmembers: Castaneda, Rindone (both members excused) ALSO PRESENT: Interim City Manager Thomson, City Attorney Moore, Assistant City Clerk Norris, and Deputy City Clerk Bennett PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY . OATH OF OFFICE Harriet Acton - Board of Ethics Deputy City Clerk Bennett administered the oath, and Deputy Mayor McCann presented Ms. Acton with a certificate of appointment. . 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. Police Agent Farwell and Human Resources Operations Manager Mosley presented the Police Department's peace officer recruiting and hiring program. CONSENT CALENDAR (Items 1 through 8) With regard to Item 4, Councilmember Chavez asked whether assistance or resources have been offered to residents on limited incomes. General Services Director Griffin replied that once the Council confirms the final assessments, staff would work with individual property owners on a case-by-case basis. Councilmember Chavez commented that if a lien is to be placed on someone's property, staff perhaps could look for resources to help those individuals. Also with regard to Item 4, Deputy Mayor McCann asked the level of the City's participation compared to that of the residents. General Services Director Griffin replied that the total project cost was $966,435.07 to date, and the residents' share was $115,178. Deputy Mayor McCann then asked about the schedule for the remainder of the sidewalks. Director Griffin replied that the next phase of street improvements would begin as soon as word is received from HUD regarding the Section 108 loan. IC-I T CONSENT CALENDAR (Continued) Deputy Mayor McCann, referring to Item 5, requested confirmation that the contract amount of $581,757.50 was paid by the applicant, not the City; and that a competitive process was conducted. Staff responded affirmatively. Regarding Item 6, Deputy Mayor McCann requested confirm-ation that a competitive bidding process was conducted and that funding was provided by state grant funds. Staff responded affirmatively. 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. WRlTTEN COMMUNICATIONS A. Memorandum from Counci1member Castaneda requesting an excused absence from this meeting. Recommendation: Council excuse the absence. B. Memorandum from Councilmember Rindone requesting excused absences from the October 10, 2006 and October 17, 2006 City Council meetings. Recommendation: Council excuse the absences. 3. A. ORDINANCE NO. 3043, ORDINANCE OF THE CITY OF CHULA VISTA AMENDING SECTION 8.22.030 OF THE MUNlCIPAL CODE TO PROHffiIT SMOKING IN FRlENDSHIP PARK (SECOND READING) 3. B. This item was continued to the meeting of October 24, 2006. 3. C. ORDINANCE NO. 3044, ORDINANCE OF THE CITY OF CHULA VISTA AMENDING SECTION 8.22.030 OF THE MUNlCIP AL CODE TO PROHffiIT SMOKING IN ANY PORTION OF MEMORlAL PARK AND DISCOVERY P ARK(SECOND READING) 3. D.ORDINANCE NO. 3045, ORDINANCE OF THE CITY OF CHULA VISTA AMENDING SECTION 8.22.00 OF THE MUNICIPAL CODE TO PROHffiIT 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. Page 2 - Council Minutes J C-;)- October 17, 2006 CONSENT CALENDAR (Continued) 4. A. RESOLUTION NO. 2006-308, 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 NO. 2006-309, RESOLUTION OF TRE 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 NO. 310, 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) 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 rol1. (General Services Director) Staff recommendation: Council adopt the resolutions. 5. RESOLUTION NO. 2006-311, 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 Environmental Review Coordinator determined that the proposed project requires the preparation of an Environmental 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) Staffrecommendation: Council adopt the resolution. 6. RESOLUTION NO. 2006-312, 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 Page 3 - Council Minutes /C-3 October 17, 2006 ~ CONSENT CALENDAR (Continued) 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) Staffrecommendation: Council adopt the resolution. 7. RESOLUTION NO. 2006-313, 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 The Chula Vista High School Band and Pageantry Corps, in conjunction with the Chula Vista School for the Creative and Performing Arts, has requested permission to conduct an organized band review on Saturday, November 11, 2006, temporary street closures, and a waiver of police service fees. Adoption of the resolution approves the request. (Police Chief) Staff recommendation: Council adopt the resolution. 8. RESOLUTION NO. 2006-314, 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. ACTION: Mayor Padilla moved to continue Item 3B to October 24, 2006 and approve staffs recommendations; and he then offered the Consent Calendar, headings read, texts waived. The motion carried 3-0. Page 4 - Council Minutes / C-Lf October 17, 2006 ITEMS REMOVED FROM THE CONSENT CALENDAR There were none. PUBLIC COMMENTS Former Councihnember John Moot expressed concern over significant and successive budget deficits that have occurred in the last several years and suggested that the Council and staff take a close look at this issue. He commented that the City cannot continue to make one-time transfers out of funds to secure structural deficits, with expenditures exceeding revenues in succeSSIve years. Kevin O'Neill expressed concern about the budget for street repairs, stating that if street maintenance were deferred, repair costs would increase. He asked the Council to address this important issue. Russ Hall recommended that the Council conduct a budget workshop on the issue of maintaining reserves above the required eight percent. He added that it is vitally important to move forward quickly with redevelopment on the west side, particularly on Third Avenue and Broadway. Mayor Padilla directed staff to prepare an information item addressing the above-mentioned issues and bring the matter back to the Council for discussion with the public. Daniel Richardson, representing the Healthy Eating and Active Communities project, spoke regarding Item 8, stating that he participated in the site visit and was gratified with the City's receipt of the grant funding. He added that the organization would be working with City staff and other groups with the goal of improving healthy lifestyles in the community. ACTION ITEM 9. INTERVIEWS AND APPOINTMENT TO FILL ONE VACANCY ON THE PARKS AND RECREATION COMMISSION Mayor Padilla noted that applicant Tiffany Vinson had withdrawn her application. The Council then interviewed William Poindexter and Israel Garza. At 7:14 p.m., Mayor Padilla recessed the meeting, pending the arrival of applicant Elizabeth Scott. The meeting reconvened at 7:43 p.m., with all Councihnembers present, at which time the Council interviewed Ms. Scott. ACTION: Deputy Mayor McCann moved to appoint Elizabeth Scott to the Parks and Recreation Commission. Mayor Padilla seconded the motion, and it failed 2-1, with Councihnember Chavez voting no. Further discussion ensued, and Deputy City Clerk Bennett confirmed that there would be two vacancies occurring on this commission at the end of June 2007. ACTION: Deputy Mayor McCann moved to appoint Elizabeth Scott to the Parks and Recreation Commission. Mayor Padilla seconded the motion, and it carried 3-0. Councihnember Chavez directed staff to notify Mr. Garza of future vacancies on the Parks and Recreation Commission. Page 5 -. Council Minutes / t,5 Oclober 17,2006 , OTHER BUSINESS 10. CITY MANAGER'S REPORTS There were none. 11. MAYOR'S REPORTS Consideration of Council's support of Proposition 86. (Continued from October 10, 2006) Mayor Padilla stated that this item would be removed from the agenda and continued to a future date. 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. Councilmember Chavez spoke about rubberized speed bumps that have been implemented by other agencies, and she made a referral to the Public Safety Committee to analyze the current speed bump policy, and to look at the rubberized speed bump teclmology for possible implementation by the City in the future. B. Consideration of participation by Youth Commissioners in City Council Meetings to encourage youth involvement in civic matters. Councilmember Chavez spoke about the number of existing vacancies on the City's Youth Commission and commented that other agencies are including Youth Commissioners as participants in their Council Meetings. She suggested that the Council consider implementing this in order to encourage youth involvement in civic matters. CLOSED SESSION Closed Session was cancelled, and the following items were not discussed: 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 of Chula Vista (GIS22609) C. Sidock v. City ofChula Vista (GIS 15970) D. In Re: The Environmental Trust (USBC # 05-02321-LAll) Page 6 - Council Minutes / t~~ October 17, 2006 CLOSED SESSION (Continued) 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 At 8:12 p.m., Mayor Padilla adjourned the meeting to the Regular Meeting on October 24,2006, at 6:00 p.m. in the Council Chambers. ----. Lorraine Bennett, CMC, Deputy City Clerk Page 7 - Council Minutes IC-i October 17, 2006 ~