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HomeMy WebLinkAboutcc min 2006/09/26 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA September 26, 2006 6:00 P.M. A Regular Meeting of the City Council of the City of Chula Vista was called to order at 6:22 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Councilmembers: Castaneda, Chavez, McCann, Rindone Mayor Padilla ABSENT: Councilmembers: None ALSO PRESENT: Interim City Manager Thomson, City Attorney Moore, and City Clerk Bigelow PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY . OATHS OF OFFICE Jolyn DePriest, Human Relations Commission Kathleen Marshall, International Friendship Commission William Canedo, Nature Center Board of Trustees Patricia Moriarty, Safety Commission City Clerk Bigelow administered the oaths of office to Jolyn DePriest, William Canedo and Patricia Moriarty; and Deputy Mayor McCann presented each with a certificate of appointment. . DID YOU KNOW...THAT CHULA VISTA HAS A NEW MULTI-FAMILY RECYCLING PROGRAM? Presented by Lynn France, Conservation Coordinator, General Services Department. (Continued from September 19, 2006). Conservation Coordinator France presented the City's new multi-family recycling program that was made possible by a grant from the California Department of Conservation, Division of Recycling. Ms. France also announced that a thermometer exchange event was being held in conjunction with the San Diego Gas & Electric light bulb and halogen torchiere floor lamp exchange on Saturday, October 14, from 10 a.m. to 3 p.m. at the Civic Center Branch Library parking lot, 365 F Avenue. CONSENT CALENDAR (Items I through 5A) Mayor Padilla stated that he had a request from staff to remove Item 5 from the Consent Calendar. Councilmember Rindone asked that Item 2 be pulled for discussion. CONSENT CALENDAR (continued) 1. ORDINANCE NO. 3042, ORDINANCE OF THE CITY OF CHULA VISTA DESIGNATING THE APPOINTING AUTHORITY FOR THE POSITION OF INTERGOVERNMENTAL AFFAIRS COORDINATOR IN THE DEPARTMENT OF MAYOR AND COUNCIL (SECOND READING) Adoption of this ordinance will designate appointing authority for the position in the Department of Mayor and Council as the Mayor and Council collectively. This ordinance was introduced on September 19, 2006) (City Attorney) Staff recommendation: Council adopt the ordinance. 2. Item 2 was removed from the Consent Calendar for discussion. 3. RESOLUTION NO. 2006-297, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING ADDITIONAL HOMELAND SECURITY GRANT FUNDS FOR THE LAW ENFORCEMENT TERRORISM PREVENTION PROGRAM FOR THE YEARS 2004 AND 2005, AND AMENDING THE FISCAL YEAR 2006/2007 EMERGENCY SERVICES SUPPLIES AND SERVICES BUDGET BASED UPON UNANTICIPATED REVENUES (4/5THS VOTE REQUIRED) The City of Chula Vista recently submitted two requests to the California Office of Homeland Security to transfer grant funds from the Quartermaster purchasing system to the City of Chula Vista based upon significant issues with being able to purchase much needed homeland security equipment in a cost-effective and timely manner. Adoption of the resolution accepts the additional grant funds, and amends the Fiscal Year 2006/2007 Emergency Services, Supplies and Services budget by appropriating $90,873 for the Law Enforcement Terrorism Prevention Program. (Information Technology Services Director) Staff recommendation: Council adopt the resolution. 4. RESOLUTION NO. 2006-298, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $410,731 FROM THE OFFICE OF TRAFFIC SAFETY FOR THE SELECTIVE TRAFFIC ENFORCEMENT PROGRAM, ADDING ONE POLICE AGENT, AND APPROPRIATING FUNDS THEREFOR (4/THS VOTE REQUIRED) The Police Department received funding from the Office of Traffic Safety to develop and implement a program focusing on traffic enforcement strategies to reduce the number of persons killed and injured in traffic collisions. The funding will create a dedicated Agent position in the Traffic Unit to oversee the Selective Traffic Enforcement Program (STEP). (Police Chief) Page 2 - Council Minutes http://www.chuJavistaca.gov September 26. 2006 CONSENT CALENDAR (continued) 5. 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 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) Staffrecorrunendation: Remove item from the agenda. SA RESOLUTION NO. 2006-299, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING REQUESTS FROM BONITA BUSINESS AND PROFESSIONAL ASSOCIATION TO CONDUCT THE BONIT AFEST AND BONITAFEST PARADE ON SATURDAY SEPTEMBER 30, 2006 AND WAIVING ASSOCIATED FEES FOR POLICE SERVICE AND TRANSIT BUS SERVICES The Bonitafest Committee and its sponsoring organization, the Bonita Business and Professional Association (BBPA), are requesting permission to conduct the 34th Annual Bonitafest on Saturday, September 30, 2006. (Police Chief) Staff recorrunendation: Council adopt the resolution. ACTION: Mayor Padilla noted that Item 5 was removed from the agenda and offered Consent Calendar Items 1,3,4 and SA, headings read, text waived. The motion carried 5-0. Mayor Padilla took the agenda items out of order, hearing Public Comments prior to Items Removed From The Consent Calendar. ITEMS REMOVED FROM THE CONSENT CALENDAR This item was actually considered following Public Comments. 2. RESOLUTION NO. 2006-296, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS, REJECTING BIDS DUE TO DISPARITIES IN THE BID PROPOSAL, AND AWARDING CONTRACT FOR "THIRD AVENUE SIDEWALK IMPROVEMENTS, BETWEEN "D" STREET AND FOURTH AVENUE, IN THE CITY OF CHULA VISTA, CA (STL-299)" PROJECT, AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT, AND AUTHORIZING THE EXPENDITURE OF THE AVAILABLE CONTINGENCIES FOR THE PROJECT Page 3 - Council Minutes http://www .chulavistaca.gov September 26, 2006 ITEMS REMOVED FROM THE CONSENT CALENDAR (continued) On September 13 2006, the General Services Director received and opened sealed bids for this project. The work to be done consists of the construction of the missing curb, gutter and sidewalk along the west side of Third Avenue between "D" Street and Fourth A venue. Other appurtenant work associated with this project includes cross-gutter, driveway, pedestrian ramps, street pavement, retaining walls, storm drain and various site specific improvements to restore properties and existing improvements affected by the project construction to an equal or better than condition. (General Services Director) Councilmember Rindone stated that the cost for staff oversight of the project seemed excessive. General Services Director Griffin responded that the project was very complex, with a large slope and drainage issues, as well as being scheduled for construction during the rainy season. The funding was calculated with an abundance of caution, and any funds not used would go back into the CIP fund. Councilmember Rindone asked staff to do everything possible to mitigate staff costs in future projects and provide an accounting of actual costs at the completion of this project. Councilmember Castaneda requested a future workshop on this issue and suggested that any time soft costs exceed actual construction costs, the City should go to the private sector to see if any of the soft costs could be reduced. Further, he requested an analysis for Council review to determine if a Council policy is needed to determine how to accomplish these types of projects in the future. Councilmember Rindone, in an effort to balance the mixed messages from the Council, clarified that past practice and direction to staff has been to hire outside only if City staff with expertise is not available. Councilmember Chavez asked the status of a referral for a prioritized list of street maintenance projects. She requested that the list be provided as soon as possible and that it include the projects, projected costs, an analysis if the project goes over budget, and also the sidewalk projects. Councilmember Castaneda stated the intent of his referral was to install, by Council policy, a little oversight to understand project costs, how they were determined, and soft costs versus hard construction costs, to ensure that taxpayers are getting their money's worth. Deputy Mayor McCann concurred with holding a workshop to discuss this topic but asked that the process be streamlined and efficient so as not to delay projects or increase costs. ACTION: Counclmember Rindone then offered Resolution No. 2006-296, heading read, text waived. The motion carried 5-0. PUBLIC COMMENTS Public Comments were taken out of order and actually heard prior to Items Removed From The Consent Calendar. Page 4 - Council Minutes http://www .chulavistaca. gOY September 26, 2006 PUBLIC COMMENTS (Continued) Steve Molski congratulated staff on actions taken to freeze the zoning regarding the Jade Bay Mobilehome Park. He then stated he had heard the KOA property was for sale, and he asked the Council to consider purchasing it for relocation of displaced mobilehomes. Norma Runyon, president of the Brentwood Mobilehome Park Association, provided a brief history of issues at her park, stating that the owner was not making required improvements and was continually applying for rent increases. She asked, on behalf of the park residents, for the City to pull the license to operate, as the park is substandard, and she requested a response as soon as possible. Ms. Runyon also stated she was waiting for curbs to be installed on Industrial Boulevard. Nick Aguilar, speaking as a resident, stated he wished to correct several comments he made at the last meeting. First, the Intergovernmental Affairs Coordinator should report to the City Manager, not the City Attorney, as he misstated last week. Second, the Council staff are employees of the City, hired to support part-time Councilmembers and not be servants to the elected officials, and, therefore, it would be logical to extend their reporting to the City Manager, as well. Third, Mayor Padilla should take care not to lecture or intimidate those who come before the Council to speak and express their opinions, and he should apologize to and acknowledge school principals and other district employees who worked on Mr. Aguilar's campaIgn. Jennifer Rodriguez, resident of the Sunbow community, requested Council assistance with vandals and partiers using community gazebos between Medical Center Drive and Paseo Ladera late in the evenings. She asked for the installation of motion sensor lights, signage, and increased police patrol. Ms. Rodriguez then submitted a petition signed by approximately 100 residents. Councilmember Castaneda requested a report back in 30 days as to whether these parks are City property or belong to the Sunbow community. If it is determined that they are City parks, Deputy Mayor McCann requested staff to moye forward with the suggested measures; and if they belong to Sunbow, he requested staff to work with them to see what can be done. Public Works Operations Director Byers was asked to assist Ms. Rodriguez. At 7:12 p.m., Mayor Padilla recessed the Council meeting to convene the Redevelopment Agency meeting. The Council meeting reconvened at 7:15 p.m. with all members present. PUBLIC HEARINGS 6. CONSIDERATION OF AN AMENDMENT TO THE CHULA VISTA MUNICIPAL CODE TO ADD THE PROHIBITION OF SMOKING IN CITY PARKS The City 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 City parks. Based on staffs analysis, it is recommended that smoking be prohibited in City parks. (Public Works Operations Director). Page 5 - Council Minutes http://www .chulavistaca.gov September 26, 2006 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 10, 2006. Deputy Mayor McCann seconded the motion, and it carried 5-0. 7. 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 This public hearing was noticed for September 26, 2006. Staff has recommended that it be continued to a date certain of October 10, 2006 to allow additional review. (Planning and Building 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. There were no members of the public who wished to speak. ACTION: Mayor Padilla moved to continue the public hearing to October 10, 2006. Councilmember Castaneda seconded the motion, and it carried 5-0. ACTION ITEMS 8. UPDATE REPORT ON OTAY RANCH EASTERN URBAN CENTER SECTIONAL PLANNING AREA (SPA) PLAN The report will 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) Interim City Manager Thomson requested that this item be continued to the meeting of October 3,2006. ACTION: Deputy Mayor McCann moved to continue the item to October 3, 2006. Councilmember Castaneda seconded the motion, and it carried 5-0. Page 6 - Council Minutes http://www.chulavistaca.gov September 26, 2006 _____J ACTION ITEMS (continued) 9. INTERVIEWS AND APPOINTMENT TO FILL VACANCY ON THE PORT COMMISSION Mayor Padilla stated he was not feeling well but would follow the interviews on streaming video so as to be able to participate in the appointment of a commissioner next week. He turned the meeting over to Deputy Mayor McCann and left the Chambers at 7:21 p.m. Deputy Mayor McCann recessed the meeting at 7:21 p.m. and reconvened it at 7:27 p.m., with all members present except for Mayor Padilla. Sharon Cloward, Executive Director of the San Diego Port Tenants Association, addressed the Council and asked that the appointment be made in time for the next Port Commission meeting. She encouraged the Council to select someone who could provide the time commitment, has experience with complicated management and business issues, would be able to achieve the proper mix and balance between industrial, commercial and recreational uses for the bay, be familiar with current environmental issues impacting San Diego Bay, possess sufficient skills to balance environmental issues with maintenance and the creation of a suitable job base, and lastly, have the understanding that the Port Commission Board recognizes the San Diego tidelands as a region, without showing preference to anyone member city. Ms. Cloward then commended past Port Commissioner Bill Hall for his outstanding and even-handed service to the Port, its tenants, and the citizens of the region. In response to a question from Deputy Mayor McCann, Interim City Manager Thomson responded that the next Port Commission meeting was scheduled for October 10, 2006; therefore, the Council could continue the selection process to October 3, 2006 and still make an appointment in time for the next Port Commission meeting. Councilmember Rindone asked Ms. Cloward how much time a new commissioner would need to set aside to get prepared and up to speed on Port issues. Ms. Cloward responded that her estimate would be 25 to 30 hours a week for the first couple of months, and 15 to 20 hours a week thereafter. The City Council interviewed the following applicants: Michael Najera Kevin O'Neill Carl Harry Deputy Mayor McCann recessed the meeting at 8:54 p.m. and reconvened it at 9:07 p.m., with all members present except Mayor Padilla. The Council continued with interviews of the following applicants: Jerrold Siegel Eugenia Aguilar Franco Port R. Bob Martin No action was taken by the Council, and the item will again be considered at the meeting of October 3, 2006. Page 7 - Council Minutes http://www.chulavistaca.gov September 26, 2006 OTHER BUSINESS 10. CITY MANAGER'S REPORTS There were none. II. MAYOR'S REPORTS There were none. 12. COUNCIL COMMENTS Councilmember Castaneda reported that he would be participating in the SANDAG Energy Working Group meeting this Thursday to hear testimony and discuss SANDAG's position on the Sunrise Power Link from Arizona to California. Currently, the alignment is planned to come across the border into San Diego County through North County in Ramona; however, a portion runs through the national forest, and the state and federal agencies that oversee the parks are in opposition. Thus, this potential alignment may find its way down to Chula Vista. He stated he would provide a report after the working group meeting, as the Council may want or need to take an official City position. Councilmember Castaneda then inquired, and Interim City Manager Thomson responded that a report would be forthcoming shortly on the City of San Diego's position on whether to move forward on a waiver with respect to secondary treatment at the Point Lorna sewage treatment facility. Councilmember Castaneda stated he would like to have a public hearing on the potential impacts to the City of Chula Vista. Councilmember Castaneda then referred to the Public Safety Committee the issue of group homes, and the state laws pertaining thereto, in order to evaluate ways to protect the citizens. Lastly, he asked that the Council budget subcommittee, on which Deputy Mayor McCann serves, review the policy regarding the use of pool versus rental vehicles for out-of-town trips. Councilmember Rindone stated that this past Saturday, the City held the Boards & Commissions luncheon to recognize and thank the many citizens who volunteer their time to serve the City. He expressed concern about the low turnout and, after speaking to several people, was informed that they had not received an invitation. He asked staff to revisit the issue and suggested that perhaps Saturday afternoon was not the best time to hold such an event. Councilmember Rindone then stated that he was pleased with staff action on the Claire Avenue situation, which will come before the Council at next Tuesday's meeting. Councilmember Chavez spoke of a recent accident that occurred shortly after the installation of a stop sign at McKenzie Creek and Lane A yenue. She requested that staff review the area for additional signage needs. Councilmember Rindone suggested consideration of flashing beacons 100 feet before the new stop sign to act as an early warning. Deputy Mayor McCann stated that the Council budget subcommittee met last Wednesday, and he thanked Interim City Manager Thomson and the Finance staff for their presentations. He reported that two items were discussed, one being contingency planning and the other being block budgeting for the Mayor and Council to set up individual accountability and allow each Councilmember the flexibility and responsibility of having his/her own budget. Page 8 - Council Minutes http://www .chulavistaca.gov September 26. 2006 " OTHER BUSINESS (continued) Deputy Mayor McCann then asked Interim City Manager Thomson to work with the Sweetwater Union High School District to bring a presentation on Proposition 0 to the Council that would allow for Council support ifthey saw fit to do so. . Deputy Mayor McCann: Formation of Health Care Ad Hoc Committee to study the status of health care facilities and current services provided for the City of Chula Vista. (Continued from September 19,2006). Deputy Mayor McCann asked staff to study the possible formation of a healthcare ad hoc committee, as a permanent committee if viable to do so; and expressed concern that the Council needs to work with both the Sharp and Scripps medical groups to ensure they prosper, grow, and continue to provide quality-of-life healthcare levels to the community. Councilmember Chavez supported Deputy Mayor McCann's referral and looked forward to further discussions in detail, adding that she had information gathered from Senator Duchaney and County Supervisor Cox that she wished to share. Council member Rindone stated that he has had the opportunity to serve on a local hospital board and could also provide a lot of information on local healthcare issues. Further, he fully supported the recommendation for a permanent committee due to the number of issues forthcoming in the community. Councilmember Rindone requested an update on a referral he previously made about his concern about local courts leaving the South Bay and how the City could assist them. He said he would like this discussed at the next meeting or two, since, like the healthcare facilities issue, the City cannot afford to lose them. ADJOURNMENT At 10:34 p.m., Deputy Mayor McCann adjourned the meeting to the Regular Meeting on October 3, 2006 at 4:00 p.m. in the Council Chambers. ~LL.l ~~ Susan Bigel~~, MMC:Zt~y Clerk Page 9 - Council Minutes http://www .chulavistaca. gOY September 26, 2006