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HomeMy WebLinkAboutcc min 2006/09/19 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA September 19, 2006 6:00 P.M. A Regular Meeting of the City Council of the City of Chula Vista was called to order at 6: 15 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 . INTRODUCTION BY DOUG PERRY, FIRE CHIEF, OF THE EMPLOYEE OF THE MONTH, DAVID ACOSTA, FIRE CAPTAIN Chief Perry introduced the employee of the month, David Acosta. Mayor Padilla read the proclamation, and Deputy Mayor McCann presented it to Captain Acosta. . PRESENTATION OF A PROCLAMATION BY MAYOR PADILLA TO STAN COLLINS, YOUTH COORDINATOR AND STUDENTS OF EASTLAKE HIGH SCHOOL, PROCLAIMING SEPTEMBER 17 THROUGH 23, 2006 AS YELLOW RIBBON SUICIDE PREVENTION AWARENESS AND PREVENTION WEEK Mayor Padilla read the proclamation, and Deputy Mayor McCann presented it to Mr. Collins, Youth Coordinator, and the Eastlake High School students. . OATH OF OFFICE Brett Davis, Mobilehome Rent Review Commission City Clerk Bigelow administered the oath of office to Mr. Davis, and Deputy Mayor McCann presented Mr. Davis with a certificate of appointment. . PRESENTATION BY ED VAN EENOO, BUDGET AND ANALYSIS DIRECTOR, OF RESULTS FROM THE NATIONAL RESEARCH CENTER CITIZEN SURVEY (Continued from August 22, 2006) Budget and Analysis Director Van Eenoo provided the results of the National Research Center's citizen survey. Councilmember Rindone commended staff on the fine report but cautioned against perpetuating an east/west division, stating that services should be equal across the board. Councilmember Castaneda stated that the report provided excellent news that bodes well for Chula Vista. SPECIAL ORDERS OF THE DAY (Continued) · DID YOU KNOW...THA T Chula Vista HAS A NEW MUL TI-F AMIL Y RECYCLING PROGRAM? It was the consensus of the Council to continue this item to September 26,2006. Mayor Padilla requested and received Council concurrence to take items out of order. The actual order of items was Public Comments, followed by Item 17, and then the Consent Calendar. CONSENT CALENDAR (Items I through 16) Councilmember Rindone stated that he would abstain on Item 12 due to the location of his property. He also asked that Item lObe removed from the Consent Calendar for discussion. With regard to Item 3, Councilmembers Castaneda, Rindone and McCann asked how the City would reap the benefits of falling gas prices. Fleet Manager Dickens responded to Council's questions and said he would provide a memo with more specific detail on how the City would analyze rack prices to ensure that the City receives the most competitive price based on the provisions of this agreement. Deputy Mayor McCann stated that a formalized process should be established whereby high- ticket items, such as Items 12 and 14, are considered under Action Items, rather than the Consent Calendar. Councilmember Rindone left the dais during the discussion ofItem 12. With regard to Item 12, Deputy Mayor McCann asked about the bonding process, which was explained by General Services Director Griffin. Councilmember Rindone retwned to the dais upon completion of discussion ofItem 12. On Item 14, Deputy Mayor McCann received confirmation from General Services Director Griffin that the park and associated costs would be funded from Park Acquisition and Development (PAD) fees, not general fund money. Mr. Griffin then provided an overview of the design-build contract process. In response to a question by Councilmember Rindone, General Services Director Griffin responded why staff did not provide an analysis of the design-build bids, as is done for regular bid projects. Councilmember Rindone requested that such analyses be included in future reports. On Item 16, the Intergovernmental Affairs Coordinator position, Councilmember Castaneda requested a reporting mechanism, work program, and formal interaction between this position and the Legislative Committee, which consists of the Mayor and Deputy Mayor. He asked that quarterly reports be submitted indicating what is being done and that a way be provided to measure the success of the individual, as well as the committee. He also requested an analysis of how this individual would interact with the Legislative Committee, what kind of reporting this individual would be responsible for, when those reports would be forthcoming, and a way to ensure an independent analysis oflegislation. Page 2 - Council Minutes http://www .chulavistaca.gov September 19,2006 CONSENT CALENDAR (Continued) Nick Aguilar urged the Council to consider sending the item back to staff to clearly identify the reporting responsibility to, perhaps, the City Attorney. He offered the County Board of Education as a model. Deputy Mayor McCann stated that the position should be reviewed in the future and possibly changed to report to the City Manager. 1. APPROVAL OF MINUTES of July 18, August 1, and August 3, 2006. Staff recommendation: Council approve the minutes. 2. RESOLUTION NO. 2006-276, RESOLUTlON OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE APPENDIX TO THE LOCAL CONFLICT OF INTEREST CODE OF THE CITY OF CHULA VISTA AND DESIGNATING FILERS FOR PURPOSES OF ABI234 The Political Reform Act requires every local agency to review its conflict of Interest Code biennially to determine if it is accurate or, alternatively, that the Code must be amended. The proposed Resolution adopts an amended appendix to the City's Conflict of Interest Code, listing the officials and designated employees of the City who are required to file periodic statements of economic interest and the disclosure categories under which each such official and designated employee is required to file. (City Clerk, City Attorney) Staff recommendation: Council adopt the resolution. 3. RESOLUTION NO. 2006-277, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE PURCHASE OF UNLEADED GASOLINE AND DIESEL FUEL ON AN AS-NEEDED BASIS FROM THE SOCO GROUP, INCORPORATED, IN ACCORDANCE WITH TERMS AND CONDITIONS OF COOPERATlVE AGREEMENT 7325-05-Z-RFP WITH THE CITY OF SAN DIEGO, FOR A PERIOD OF ONE YEAR BEGINNING DATE OF AWARD, WITH OPTIONS TO RENEW FOR FOUR ADDITlONAL ONE-YEAR PERIODS Approximately 186.500 gallons of unleaded and 125,000 gallons of diesel fuel are purchased annually for City use from fuel vendors. In addition, approximately 53,000 gallons of diesel fuel will be purchased for Transit use. Adoption of the resolution allows the purchase of unleaded gasoline and diesel fuel from the Soco group in accordance with the terms and conditions of a cooperative agreement with City of San Diego. (Finance Director) Staff recommendation: Council adopt the resolution. Page 3 - Council Minutes http://www.chulavislaca.gov September 19, 2006 CONSENT CALENDAR (Continued) 4. RESOLUTION NO. 2006-278, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING UNANTICIPATED URBAN AREA SECURITY INITIATIVE GRANT PROGRAM FUNDS, AND APPROPRIATING FUNDS THEREFOR (4/5THS VOTE REQUIRED) Adoption of the resolution approves the acceptance of grant funds from Federal Homeland Security (administered by City of San Diego Office of Homeland Security) in the amount of $46,303, for purchase of a heavy-duty pickup truck to be used as a primary mover and for mass decontamination equipment to be used in terrorism response. (Information Technology Services Director) Staff recommendation: Council adopt the resolution. 5. RESOLUTION NO. 2006-279, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $30,500 FROM 2006 EMERGENCY MANAGEMENT AND PERFORMANCE GRANT (EMPG), AND APPROPRIATING FUNDS THEREFOR (4/5THS VOTE REQUIRED) The City is eligible to receive funding from the State of California Emergency Management and Performance Grant. Finding is given to local jurisdictions that apply for them based on projects supporting the State's emergency plan. Adoption of the resolution approves acceptance of grant funds to assist in development of a "disaster recovery" plan. (Information Technology Services Director) Staff recommendation: Council adopt the resolution. 6. RESOLUTION NO. 2006-280, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING DONATIONS IN THE AMOUNT OF $6,540, AND APPROPRIATING SAID DONATED FUNDS (4/5THS VOTE REQUIRED) The Fire Department received donations in the amount of $6,540 from various community businesses and organizations. These donations were made to the Fire Department in support of the second Annual Awards and Recognition Ceremony and the Chula Vista Fire Department Recognition Dinner. (Fire Chief) Staff recommendation: Council adopt the resolution. 7. RESOLUTION NO. 2006-281, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING CONTRACT FOR THE "DRAINAGE IMPROVEMENTS, WEST AND EAST OF SECOND AVENUE, NORTH OF "H" STREET, IN THE CITY OF CHULA VISTA, CA (DR-120)" PROJECT TO MJ.C. CONSTRUCTION, IN THE AMOUNT OF $682,830, AND AUTHORIZING THE EXPENDITURE OF ALL A V AILABLE CONTINGENCIES AS NECESSARY TO COMPLETE THE PROJECT Page 4 - Council Minutes http://www.chulavistaca.gov September 19,2006 CONSENT CALENDAR (continued) Sealed bids were received on August 2, 2006 for this project. This project provides for the construction of the ultimate drainage system and the rehabilitation of a sewer system east and west of Second Avenue between Alvarado Street and Vance Street. The work also includes all labor, material, equipment, transportation, protection of existing improvements and traffic control necessary for the project. (General Services Director) Staff recommendation: Council adopt the resolution. 8. RESOLUTION NO. 2006-282, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING AND APPROPRIATING $S8,373 IN UNANTICIPATED REVENUES FROM THE CALIFORNIA DEPARTMENT OF CONSERVATION, DIVISION OF RECYCLING - BEVERAGE CONTAINER RECYCLING AND LITTER REDUCTION ACTIVITIES GRANT PROGRAM (4/STHS VOTE REQUIRED) The California Department of Conservation, Division of Recycling (DOR) distributes $10.S million for fiscal year 2006/2007 to eligible cities and counties specifically for beverage container recycling and litter clean up activities. The goal of the DOR's beverage container recycling program is to reach and maintain an 80 percent recycling rate for all California Refund Value (CRV) beverage containers - aluminum, glass, plastic and bi-metal. Projects implemented by cities and counties assist the department in reaching and maintaining their goal. Each city is eligible to receive a minimum of $S,OOO or an amount calculated by the DOR, on a per capita basis, whichever is greater. Chula Vista has receiyed $S8,373 for 2006/2007. (General Services Director) Staff recommendation: Council adopt the resolution. 9. RESOLUTION NO. 2006-283, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN PALOMAR COMMUNICATIONS, INCORPORATED AND CITY OF CHULA VISTA FOR RADIO REPEATER AND ANTENNA SITE LEASE Adoption of the resolution approves a lease agreement for space on a communications tower located on Otay Mountain for Chula Vista Transit's (CVT) radio repeater and antenna. Since 1992, CVT has been leasing a site on Otay Mountain for its radio transmitting equipment. (Public Works Operations Director) Staff recommendation: Council adopt the resolution. 10. Items lOA and lOB were removed from the Consent Calendar for discussion. 11. RESOLUTION NO. 2006-286, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING A CONTRACT FOR THE TRAFFIC SIGNAL INSTALLATION AT THE INTERSECTION OF GREENSGATE DRIVE AND NORTH GREENSVIEW DRIVE (TF-320), TO SOUTHWEST TRAFFIC SIGNAL SERVICES INCORPORATED, AND APPROPRIATING FUNDS FROM THE AVAILABLE BALANCE OF THE TRAFFIC SIGNAL FUND (4/STHS VOTE REQUIRED) Page 5 - Council Minutes http://www .chulavistaca.gov September 19, 2006 CONSENT CALENDAR (continued) The traffic signal installation at the subject intersection was approved and budgeted as part of the Fiscal Year 2005/2006 Capital Improvement Program. Adoption of the resolution authorizes appropriation of an additional $ 10,000 to this project from the cost savings of various Traffic CIP projects completed and closed in Fiscal Year 2006/2007. (Acting Engineering Director) Staff recommendation: Council adopt the resolution. 12. RESOLUTION NO. 2006-287, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE APPROPRIATION OF INTEREST EARNED FROM THE 2004 CERTIFICATE OF PARTICIPATION (CIVIC CENTER PROJECT - PHASE I) IN THE AMOUNT OF $449,554 TO THE CIVIC CENTER COMPLEX CAPITAL IMPROVEMENT PROJECT (GG-139) (4/5THS VOTE REQUIRED) The City Council previously approved capital improvement project GG-139, which involved the renovation of the Civic Center Complex, as well as a financing plan for Component A of the project appropriating $15,955,550 from bond proceeds and $3,000,000 from the Public Facilities Development Impact Fund. Phase I, City Hall, is now complete, and in an effort to expend trustee funds in a timely manner (including interest), it is necessary to appropriate the interest earned to the project for expenditures incurred. (General Services Director) Staff recommendation: Council adopt the resolution. 13. RESOLUTION NO. 2006-288, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE BIDDING PROCESS AS IMPRACTICAL AND A WARDING THE AGREEMENT FOR GRAFFITI REMOVAL SERVICES TO SAN DIEGO URBAN CORPS FOR THE PERIOD OF OCTOBER 1,2006 TO JUNE 30,2007 AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT The San Diego Urban Corps provides on-the-job training to young adults from disadvantaged inner-city communities, including Chula Vista. Therefore, to assist with its fight against the proliferation of graffiti, the City is partnering with the San Diego Urban Corps to assist with graffiti eradication and recommends waiving, as impractical, the normal bidding process under provision 2.56.070 of the Chula Vista Municipal Code. This project was approved as part of the Fiscal Year 2007 budget process at an annual cost of approximately $50,000. (Public Works Operations Director) Staff recommendation: Council adopt the resolution. 14.A. RESOLUTION NO. 2006-289, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING A NEW CAPITAL IMPROVEMENT PROJECT ENTITLED "MOUNT SAN MIGUEL COMMUNITY PARK (PR260)" AND AMENDING THE FISCAL YEAR 2007 CAPITAL IMPROVEMENT PROGRAM Page 6 - Council Minutes htlp:/ /www.chulavistaca.gov September J 9,2006 CONSENT CALENDAR (Continued) 14.8. RESOLUTION NO. 2006-290, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A DESIGN-BUILD AGREEMENT WITH ERICKSON-HALL CONSTRUCTION COMPANY FOR THE DESIGN AND CONSTRUCTION OF MOUNT SAN MIGUEL COMMUNITY PARK, LOCATED IN THE SAN MIGUEL RANCH NEIGHBORHOOD OF THE CITY OF CHULA VISTA; APPROPRIATING FUNDS THERFOR; AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT (4/5THS VOTE REQUIRED) The Council previously approved the master plan for the Mount San Miguel Community Park, which conceptually designed and provided for the construction of a completed and fully functional 19-acre park, and established a Design-Build Priority List excluding fire facilities to be used in awarding design-build contracts for future City projects. A request for proposals was issued to all ofthe firms on the priority list. Adoption of the resolution establishes the project and awards Erickson-Hall Construction Company a design-build agreement for the provision of services required to design and construct the park, and appropriates funds to a capital improvement project (PR260) that will enable the design phase of the project to commence and authorizes the Mayor to execute the agreement. (General Services Director) Staff recommendation: Council adopt the resolutions. 15. RESOLUTION NO. 2006-291, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING $14,641 IN UNUSED GRANT FUNDS TO THE FISCAL YEAR 2006/2007 STATE GRANT FUND (4/5THS VOTE REQUIRED) The City's Urban Heat Island Mitigation Project is funded through a Proposition 12 State grant and will provide for additional shade tree planting in public rights-of-way. Adoption of the resolution carries forward $14,641 in unused grant funds from Fiscal Year 2005/2006 to Fiscal Year 2006/2007 to successfully complete the terms of the current grant and make the City eligible for a new grant cycle. (Conservation & Environmental Services Director) Staff recommendation: Council adopt the resolution. 16. 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 This action will designate the appointing authority for the position of Intergovernmental Affairs Coordinator in the Department of Mayor and Council as the Mayor and Council collectively. (City Attorney) Staff recommendation: Council place the ordinance on first reading. ACTION: Councilmember Rindone offered Consent Calendar Items 1 through 9 and 11 through 16, headings read, text waived. The motion carried 5-0, except for Item 12, which carried 4-0-1 with Councilmember Rindone abstaining. Page 7 - Council Minutes http://www.chulavistaca.gov September 19. 2006 ITEMS REMOVED FROM THE CONSENT CALENDAR 10. A. RESOLUTION NO. 2006-284, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHOLA VISTA APPROVING THE FIRST AMENDED SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR CHOLA VISTA TRACT NO. 05-07, MCMILLIN OT A Y RANCH VILLAGE SEVEN "A" MAP 10. B. RESOLUTION NO. 2006-285, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FIRST AMENDED SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR CHULA VISTA TRACT NO. 05-09, OT A Y RANCH VILLAGE SEVEN "A" MAP The Council previously approved the Supplemental Subdivision Improvement Agreements for McMillin Otay Ranch Village Seven and Otay Ranch Village Seven "A" maps. Both agreements included a cap on the total nwnber of residential building permits for both subdivisions at 400 maximwn prior to the opening of the SR-125 toll road. The amended agreements allow an increase of 600 in the nwnber of dwelling units that may be built prior to SR-125 toll-road opening for public access due to a delay in the construction ofSR-125. (Acting Engineering Director) ACTION: Councilmember Rindone offered Resolution Nos. 2006-284 and 2006-285, headings read, text waived. The motion carried 5-0. PUBLIC COMMENTS Public comments were taken out of order and actually heard prior to the Consent Calendar. Brenda Norton, resident of Otay Ranch whose home is adjacent to the Calvary Chapel, stated that an environmental impact study should be done for the proposed project, and she asked that the Council and Planning Department notifY all residents within, at minimwn, a five-block radius of the site of any changes or meetings in order to allow them to fully participate. She also requested that Walters Management, the current management firm of Otay Ranch, and the Regional Manager, Quinton Wates, be notified as well. Deputy Mayor McCann stated that he had attended a community meeting with the former City Manager several months ago and had committed to notifYing the entire village regarding this proposed project. Hwa-Wan Kwan, resident of Otay Ranch, supported the comments of the previous speaker regarding the Calvary Chapel project and yielded the remainder of his time to Mr. Joseph Boehm. Steve Molski, representing Terry's Mobilehome Park, spoke regarding the discrimination that occurs in mobilehome or trailer parks. He spoke of the need for the government to help lower income people, requested the Council to protect senior citizens against abuse, and urged the City Attorney to research the possibility of filing criminal charges against park owners who are prejudiced or biased against park tenants. Dr. Gwendalle Cooper of La Mesa spoke regarding the Chinese Communist Party's harvesting of organs from Falun Gong Practitioners. Page 8 - Council Minutes http://www.chulavistaca.gov September 19,2006 PUBLIC COMMENTS (Continued) Jacquline DeGuire, resident of National City, whose son and family live in Otay Ranch, offered her assistance in pursuing state and federal funding to build an overpass for children at Telegraph Canyon and Heritage Roads. Additionally, she requested a staff contact point person or liaison for further discussion and assistance. Councilmember Chavez stated that this was her neighborhood, and she suggested that the Intergovernmental Affairs Coordinator assist Ms. DeGuire. She also stated that staff would be looking into obtaining funding. Councilmember Castaneda asked staff to look at interim measures for the Telegraph Canyon and Heritage Road intersection and analyze signal operation and additional markings to alert drivers and accommodate the students, not just the vehicles. Mayor Padilla stated that a standing staff referral was made last year requesting a more comprehensive analysis of both short-term and long-term options with respect to student pedestrian safety. He asked that the update include this specific location as well. Mike Kim, attorney for the Otay Ranch V Community Association, spoke regarding the pending Calvary Chapel High School project, noting that his role was to make a record to assist the Council in making a decision on whether the pending project should be subject to a conditional use permit and hearings. He also asked the Council to request the City Engineer to perform a traffic study in addition to the one done by Calvary Chapel. Mr. Kim noted that the 2002 Calvary project proposed a church of approximately 11,000 square feet and a school of approximately 9,000 square feet. Traffic monitoring was required as a condition ofthat project's approval. Residents in that area have raised traffic concerns since the project was built. The pending 2005 Calvary Chapel High School project is described as a 4,000 square-foot church facility and an 81,000 square-foot school and gymnasium. The literature states that ancillary use number I is a church and number 2 a community purpose facility. Residents are concerned about how the application will be handled, as a school or church, since the zoning administrator can review applications for churches without a public hearing. The chapel's attorney has characterized the project as a church, with a school as the ancillary building. Mr. Kim urged the Council to make the project subject to public hearings, as it was obviously a matter of great public concern. Joseph Boehm spoke on behalf of himself and many residents present in the audience, as well as over 100 residents who could not be present but who had signed a petition opposing the project. Mr. Boehm stated they opposed the project for two reasons and believed a promise made to them had been broken. In 2001, the site was designated as a park; in 2004, it was redesignated as a community purpose facility, which the residents thought meant a youth center similar to the Heritage site. Additionally, at a meeting conducted January 12, 2006 at Calvary Chapel, Planning Department officials assured those present that the concerns of the residents would be taken into account. Of primary concern was the conditional use permit process, which would provide discretionary review and balance the landowner's rights with residents' rights. The citizens believed that Calvary's attempts to circumvent the conditional use permit process was an attempt to get the project approved without public comment and behind closed doors. With respect to the project, concerns were with traffic congestion, insufficient off-street parking, domination of a City park (Cottonwood), noise from the multi-level, multi-use facility, and activities planned seven days per week until 10:00 p.m. Additionally, as previously stated, they were fearful that due to the high-density traffic, they would have a significant increase in their homeowner association fees. They also believed the parking plan violated the municipal code, which would result in parking in the neighborhoods. In summary, they believed the conditional use permit process would be the best process to use. Page 9 - Council Minutes http://www .chulavistaca.gov September 19,2006 PUBLIC COMMENTS (Continued) Heather Mitchell, resident of Otay Ranch, reiterated the broken promise feeling mentioned by Mr. Boehm. She said that she and her husband purchased their home in 2001 and had seen the traffic grow. She understood the importance of schools, but was also concerned with the impacts of traffic, noise, and noise volume up until 10 p.m. The project would abut her backyard. Ivan Rosabal, speaking for Ms. Moore and his neighbors, requested Council assistance regarding a house on Emerson Street that was reactivated as a halfway house. Councilmember Castaneda stated that staff had previously been notified of the situation and referred Mr. Rosabal to his aide, Linda Wagner, for further information. ACTION ITEM 17. REPORT ON REQUESTS BY THE ROLLING HILLS RANCH COMMUNITY ASSOCIATION AND RESIDENTS TO AMEND THE TRUCK ROUTE DESIGNATIONS ON LANE AVENUE, PROCTOR VALLEY ROAD AND HUNTE PARKWAY AND REGARDING POTENTIAL TRAFFIC CONTROL ENHANCEMENTS TO LANE AVENUE (Continued from August 22, 2006) At the June 6, 2006 City Council Meeting, residents of properties abutting Lane Avenue asked the Council to reconsider the decision to designate Lane Avenue as a Truck Route. This request was later expanded by a letter from the Rolling Hills Ranch Association (June 19, 2006) to include Proctor Valley Road and Hunte Parkway. This item was scheduled for Council discussion at the August 22, 2006 meeting, but was continued. The continuance allowed further opportunity for staff to work with the community, the City Attorney's Office and the Chula Vista Police Department to explore potential alternatives. (Acting Engineering Director) Item 17 was taken out of order and actually heard following Public Comments, prior to the Consent Calendar. Traffic Engineer Rivera provided the staff report and responded to questions of the Council. Dan Lorent, resident of Rolling Hills Ranch since 1998, requested that the Council continue to pursue solutions to eliminate heavy truck traffic within the Rolling Hills Ranch area. David Stucky, president of the Rolling Hills Ranch Community Association, thanked Councilmember Chavez for her leadership, and Acting City Engineer Browder and her staff for their outreach efforts to resolve the issues on a mutually agreeable basis. He then spoke in support of the trial measures, but expressed concerns with some of the analysis in the agenda statement and accompanying material, primarily that the prohibition of trucks over five tons on the northern part of Lane Avenue would be revisited after the opening of SR-125 in consideration of anticipated future industrial or commercial development patterns. However, according to the General Plan, there were no industrial or commercial developments planned east of Hunte Parkway or north of Otay Lakes Road. Secondly, the assertion that unless Procter Valley Road, Hunte Parkway and Lane A venue were designated as truck routes, side streets, such as MacKenzie Creek Road and Rocking Horse Drive, would become open to unrestricted truck traffic, misstated both the letter and the intent of the vehicle code and the Chula Vista Municipal Code. Signs could be posted at appropriate points and limit truck traffic to trucks under a specified weight, except for local deliveries. Under either law, trucks are required to take the most direct route to their ultimate destination. In conclusion, he stated that although staff's efforts were appreciated and the trial measures supported, this was not a concession on the greater issue of the truck routes and the use of the streets as a regular through route if these issues were allowed to stand. Page 10 - Council Minutes http://www.chulavistaca.gov September] 9,2006 ACTION ITEM (continued) Kit Gardner, speaking also for Angela Brill, spoke in support of his neighbors and calming traffic along Lane, MacKenzie Creek, and in Rolling Hills Ranch, generally. He requested signage on MacKenzie Creek Road, Lane and Mt. Miguel stating "No Trucks Allowed." Laura Constantinedes asked why residents were not notified about the truck routes prior to a decision being made. She then expressed concerns about increased fine particle pollution and the deterioration of the streets. Also, she was concerned about children walking to and from school, and did not understand why the truck routes were in a residential rather than commercial area. As a registered nurse, she believed it was a health issue. Jamelin Johnson expressed concern for the children in the area crossing the street. Alan Reoch stated that his house backs up to Lane A venue. He applauded the recent action to put the five-ton limit signs back up on Lane A venue, and requested a guarantee that the residential streets would not be changed back after the upcoming election and the opening of the SR-125 toll road. Secondly, he stated that nothing had been done to correct the error of making both Proctor Valley Road and Hunte Parkway truck routes. If Proctor Valley Road was designated, there was nothing to stop trucks from using Lane A venue as a short cut, since it was the path of least resistance. Additional signage was needed. Also, Hunte Parkway was one of the streets the residents needed to cross to get to Monte Valle Community Park. Dr. Sue Hauwiller delivered petitions from the Rolling Hills Ranch neighborhood and appealed to the Council to reverse its prior decision to designate the streets as truck routes. She also asked that the City put in an access road parallel to the SR-125. between H Street and Otay Lakes Road, to be used as a designated truck route and bus route. Stewart Payne, who resides off of Duncan Ranch Road, east of Hunte Parkway, stated he saw no reason for a truck route on Hunte Parkway, noting the report failed to mention the elementary school at the comer of Otay Lakes Road and Hunte Parkway. There was no need for a truck route east of Lane Avenue or Hunte Parkway, as deliveries to schools could be done with trucks of five tons or less. Fred Dufresne stated that he has lived on Otay Lakes Road for 35 years and that the subject seemed to be "not in my neighborhood." There are 25 to 30 UPS trucks that come down Otay Lakes Road every 15 minutes. The trucks will still have to cross over where residents are living. Chris Constantinedes said that the placing of a major truck route in the residential area was not needed; the only commercial area is at E street and Monticello. If the schools needed deliveries, a five-ton truck could make them. Barbara Gelsominai thanked her community members for speaking to the issue. She then stated that Proctor Valley Road still needed to be addressed, as it too, should be designated as a "no- trucks allowed" area. Page II - Council Minutes http://www .chulavistaca.gov September 19, 2006 ACTION ITEM (continued) Councilmember Chavez asked staff to provide a map to the Council showing the school district boundaries, as well as where the schools were located. She also asked that a process be established so that when the Council has to adjourn to closed session, a designated staff member can check and advise the public if the closed session will be ending soon or if an item looks like it will need to be continued. Councilmember McCann requested the addition of "no trucks allowed" signage at MacKenzie Creek and Lane A venue and MacKenzie Creek and Mt. Miguel Road. He also requested an analysis of the appropriateness of Proctor Valley Road and Hunte Parkway being designated as truck routes. Councilmember Rindone stated that once the SR-125 is completed, he did not see a need to keep Proctor Valley Road and Hunte Parkway as truck routes, and he requested an analysis by staff at that time. Councilmember Castaneda asked that staff contact some of the delivery recipients, such as the school district and golf course, to see if smaller vehicles could accommodate them. He also requested a report on establishing a Transportation Committee, similar to the Public Safety Committee, to deal with these kinds of issues. In addition, he asked staff to come back with an action plan on how to establish neighborhood protections, truck routes with the least amount of impact, and guarantee they are going to be permanent. Councilmember Chavez spoke in support of establishing a Transportation Committee. She then requested an analysis of the truck routes from the businesses, mapping out routes from store to store, routing trucks away from the neighborhoods and perhaps combining deliveries. Councilmember Rindone stated he did not concur with the need to establish a Transportation Committee, as the Safety Commission already exists and should be dealing with these types of situations. ACTION: Deputy Mayor McCann moved to accept the report and direct staff to proceed with implementation of the trial all-way stop control at the intersection of Lane A venue and MacKenzie Creek Road. Councilmember Castaneda seconded the motion, and it carried 5-0. PUBLIC COMMENTS (Continued) Mayor Padilla recognized Mike Kim, attorney for the Otay Ranch V Community Association, and offered him an opportunity to summarize his prior discussion under Public Comments. Mr. Kim spoke regarding a letter from Ms. Donna Jones threatening litigation against the City. He stated, for the record, that the Chapel had already contractually agreed to hold the City harmless with regards to any issues concerning the permit application, specifically citing the development permit processing agreement dated July 15, 2005, Condition 2.1. Mr. Kim also stated that Government Code Section 65033 provides that it is the policy of the State of California that planning issues go through public hearings. At 9:29 p.m., Mayor Padilla recessed the Council meeting to convene the Redevelopment Agency meeting. The Council meeting reconvened at 9:33 p.m. with all members present. Page 12 - Council Minutes http://www.chulavistaca.gov September 19,2006 PUBLIC HEARINGS 18. CONSIDERATION OF AN AMENDMENT TO THE MASTER FEE SCHEDULE TO REFLECT A MODIFICATION TO THE UTILITY PERMIT FEE SCHEDULE In 2004, the Council approved a Memorandum of Understanding (MOU) between the City and the San Diego Gas and Electric Company regarding proposed terms for gas and electric franchises. One of the requirements of the MOU is the preparation of a Manual of Administrative Practices between the City of Chula Vista and the San Diego Gas and Electric Company. Adoption of the following resolutions approves the manual and amends the Master Fee Schedule to allow for certain utility permit fees to be provided for in such a manual. (Acting Engineering 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 being no members of the public who wished to speak, he then closed the public hearing. ACTION: Deputy Mayor McCann offered the following resolutions, headings read, text waived: RESOLUTION NO. 2006-292, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE MASTER FEE SCHEDULE TO MODIFY THE UTILITY PERMIT FEE PORTION OF THE SCHEDULE RESOLUTION NO. 2006-293, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A MANUAL OF ADMINISTRATIVE PRACTICES BETWEEN THE CITY OF CHULA VISTA AND SAN DIEGO GAS AND ELECTRIC COMPANY, AND AUTHORIZING THE MAYOR TO EXECUTE SAID MANUAL The motion carried 5-0. ACTION ITEMS 19. SELECTION OF APPLICANTS TO BE INTERVIEWED FOR APPOINTMENT AS PORT COMMISSIONER (Continued from August 22, 2006) On August 8, 2006, the Council approved an appointment process for selecting a new Port Commissioner. Based on that process, Council was to have submitted in writing the names of the candidates they wished to nominate to the City Clerk at the August 22 City Council meeting. However, since only four applications were received by the submittal deadline of August 18, Council voted to extend the application submittal deadline to September I. As a result of the deadline extension, an additional seven applications were received, for a total of eleven. (Interim City Manager Thomson) Page 13 - Council Minutes http://www.chulavistaca.gov September 19, 2006 ACTION ITEMS (continued) Mayor Padilla stated that the process at this point was for Councilmembers to submit in writing to the City Clerk the names of individuals they would like to interview for the position. The City Clerk would then read the names selected by each member, and individuals receiving the interest of two or more members would be calendared for interviews. Interim City Manager Thomson recommended a time certain of 7:00 p.m. be set for next Tuesday's meeting to conduct the interviews. Deputy Mayor McCann stated that there were rumors that Admiral Bettencourt might be interested in the position, although he had not applied; and Deputy Mayor McCann believed he should be given the opportunity to do so. Mayor Padilla inquired as to whether there was consent from the Council to accept an application from Admiral Bettencourt, should he submit one prior to the interview date. General discussion ensued, and the majority consensus was to proceed with interviewing those who had submitted applications to date. City Clerk Bigelow read the nominees submitted by each Councilmember. The applicants who received two or more votes were: Eugenia Aguilar Franco, Carl Harry, Port Martin, Michael Najera, Kevin O'Neill and Jerrold Siegel. ACTION: Mayor Padilla moved to schedule 30-minute interview time slots, with one scheduled brief recess, beginning at 7:00 p.m. on September 26, 2006; and that the interviewees be selected at random for the time slots. Deputy Mayor McCann seconded the motion and it carried 5-0. 20. STATUS REPORT ON THE MAJOR INTERSECTION SAFETY PROGRAM ALLOWING THE CITY COUNCIL TO PROVIDE POLICY DIRECTION REGARDING THE POTENTIAL USE OF RED LIGHT CAMERA ENFORCEMENT IN THE CITY (Continued from August 22, 2006) In 2005, the Neighborhood Traffic & Pedestrian Safety Program was created in order to focus on neighborhood traffic calming, major intersection safety and pedestrian and bicyclist safety. The importance of this effort was underscored by the results of the 2005 Chula Vista Police Department Resident Opinion Survey, which indicated that four of the five top areas of concern for our residents were traffic related. This item provides a status update on program efforts in this area and provides the opportunity for the City Council to have a policy discussion regarding the potential use of red light camera enforcement in our city. (Acting Engineering Director, Police Chief) Acting Engineering Director Browder provided the staff report, and Police Captain Don Hunter provided the officer enforcement strategies. Councilmember Rindone requested additional information on how staff would ensure that the calibration was accurate. Councilmember Chavez requested an analysis to determine if there was a correlation between speed limits and people running red lights. ACTION: Mayor Padilla moved to accept the report and direct staff to proceed with further investigation of the potential to utilize red light camera enforcement in the City. Councilmember Castaneda seconded the motion, and it carried 5-0. Page 14 - Council Minutes http://www.chulavistaca.gov September 19, 2006 .~-~---. -- --- -_.~_._~---~~- -~ -- -- - -- ----~~- _._._~...- ----_..~- ----- ._---~-- ~ ACTION ITEMS (continued) 21. RESOLUTION NO. 2006-294, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE PARK MASTER PLAN FOR THE 7.6 ACRE PUBLIC NEIGHBORHOOD PARK SITE IN THE OTA Y RANCH VILLAGE 7 SUBDIVISION AND APPROVING THE NAME OF THE PARK TO BE ALL SEASONS PARK (Continued from August 22, 2006) This proposed park is located south of Birch Road, west of SR-125, east of La Media Road and within the Otay Ranch Village 7 Subdivision. The park site shares boundaries with an elementary school site, Wolf Canyon Open Space, Magdalena Avenue and Wolf Canyon Loop. The Village Greenway Trail, running along the northern boundary of the park site, links the park to the future Eastern Urban Center to the east and the future Otay Ranch Community Park to the west as well as the City's Greenbelt Trail system. (General Services Director) Landscape Architect Radley, and Landscape Planner Caro provided the staff report. Council member Chavez asked staff to consider alternatives to the use of recycled rubber on playgrounds in future park designs, noting that it gets hot and rubs off onto the children's hands and clothes. ACTION: Councilmember Rindone offered Resolution No. 2006-294, heading read, text waived. The motion carried 5-0. 22. CONSIDERATION OF A GRANT AGREEMENT WITH SAN DIEGO GAS & ELECTRlC TO PROVIDE ENERGY EFFICIENCY SERVICES FOR CITY, COMMERCIAL, AND RESIDENTIAL FACILITIES The proposed Grant challenges the City to provide education/outreach and marketing support to reduce the amount of kilowatts (electricity) and therms (gas) consumed by a targeted group of energy customers that are either not fully participating or not eligible for existing programs. The grant also provides funding for some additional cost reductions for the private sector and City facilities to encourage their increased participation. The grant would provide $731,075 per calendar year through December 31,2008 ($2,193,225 total) and allows for full cost recovery of personnel, supplies and services for participating departments. (Conservation and Environmental Services Director) Conservation and Environmental Services Director Meacham provided the staff report and introduced SDG&E representatives Risa Baron and Ahmad Solomon, who stated they were glad to be able to partner with the City on programs that would be beneficial to the City and the region, as well. ACTION: Deputy Mayor McCann offered the following resolution, heading read, text waived: Page 15 - Council Minutes http://www.chulavistaca.gov September J 9,2006 ACTION ITEMS (continued) RESOLUTION NO. 2006-295, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A THREE- YEAR GRANT AGREEMENT WITH SAN DIEGO GAS & ELECTRIC (SDG&E) TO PROVIDE ENERGY EFFICIENCY SERVICES FOR CITY, COMMERCIAL, AND RESIDENTIAL FACILITIES THROUGH DECEMBER 31, 2008, AUTHORIZING THE CITY MANAGER TO EXECUTE ALL DOCUMENTS IN CONJUNCTION WITH IMPLEMENTING THE AGREEMENT, AND APPROPRIATING $376,700 IN GRANT FUNDS TO THE SDG&E ENERGY PARTNERSHIP PROGRAM FUND (4/5THS VOTE REQUIRED) The motion carried 5-0. OTHER BUSINESS 23. CITY MANAGER'S REPORTS There were none. 24. MAYOR'S REPORTS A. B. D. ACTION: E. Ratification of appointment of Patricia Moriarty to the Safety Commission. Ratification of appointment of Jolyn DePriest to the Human Relations Commission. C. Ratification of appointment of Kathleen Marshall to the International Friendship Commission. Ratification of appointment of William Canedo to the Nature Center Board of Trustees (At-large member position). Mayor Padilla moved to ratify the appointments as listed in A through D, above. Deputy Mayor McCann seconded the motion, and it carried 5-0. Request for Council authority to proceed with work session to bring stakeholder groups together for the purpose of identifying common ground on remaining Urban Core Specific Plan issues. Mayor Padilla requested Council concurrence in an effort to bring together key constituency groups in the community, such as the Third Avenue Village Association, the Chamber of Commerce, Crossroads II and the Northwest Civic Association, with regards to certain outstanding issues related to the Urban Core Specific Plan. Councilmember Rindone cautioned against the potential of creating a false sense of entitlement among the groups and offered to work on the committee, should the Mayor so choose. Councilmember Chavez requested that efforts be made to reach out to the east side, as well, on this issue. ACTION: It was the consensus of the Council to support the request. Mayor Padilla committed to keeping the City Council briefed. Page 16 - Council Minutes http://www .chulavistaca.gov September 19,2006 OTHER BUSINESS (Continued) 25. COUNCIL COMMENTS 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. ACTION: At the request of Deputy Mayor McCann, this item was continued to September 26, 2006. Councilmember Rindone stated that he would like to meet with Deputy Mayor McCann prior to the proposal regarding a Health Care Ad Hoc Committee being brought back. Councilmember Chavez stated she would like to contribute the information she had gathered, as well. Councilmember Castaneda expressed condolences to the family and friends of Bianca Moore, a student at Chula Vista Middle School, who collapsed and passed away on Monday. He requested that the meeting be adjourned in her memory. Councilmember Castaneda reported that the City of San Diego is in the process of determining its position regarding whether to move forward on a waiver with respect to secondary treatment at the Point Lorna sewage treatment facility. He asked for a staff report back as soon as possible on the issues facing the City of San Diego, where San Diego is with regard to its position, what the impacts financially and environmentally would be, and what effect they would have on Chula Vista rate payers. CLOSED SESSION 26. PUBLIC EMPLOYEE APPOINTMENT PURSUANT TO GOVERNMENT CODE SECTION 54957 . Community Development Director No reportable action was taken on this item. ADJOURNMENT At 12:30 p.m., Mayor Padilla adjourned the meeting, in memory of Bianca Moore and her family, to the Regular Meeting on September 26,2006 at 6:00 p.m. in the Council Chambers. ~L-L3~ Susan Bigelow, MMC, City Clerk Page 17 - Council Minutes http://www.chulavistaca.gov September 19,2006