The URL can be used to link to this page

Home My WebLink About2006/10/24 Agenda I dLlI.. _lIIllIIr pIIIIIty of perjury that I Bill __ II.. CIty of Chula Vlata In the _....~CllrlrMd...~f., ~ 1.....D ....... ~ -J~- ,... ~- - o ~""'" -- -- / ~ 0 (, SlONE CH~~~srA 'Stephen C. Padilla, Mayor Patricia E. Chavez, Coundlnlember Jim Thomson, Interim City Manager John McCann, Councilmember Ann Moore. City Attorney Jerry R. Rindone, Councilrnember Susan Bigelow, City Clerk Steve Castaneda, COllllcilmember October 24, 2006 6:00P.M. Council Chambers City Hall 276 Fourth Avenue CALL TO ORDER ROLL CALL: Councilmembers Castaneda, Chavez, McCann, Rindone, and Mayor Padilla PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY . OATH OF OFFICE Elizabeth Scott - Parks and Recreation Commission . PRESENTATION BY MAYOR PADILLA OF A PROCLAMATION TO DUANE BAZZEL, PRINCIPAL PLANNER, COMMENDING HIM FOR 35 YEARS OF SERVICE . PRESENTATION BY MAYOR PADILLA OF A PROCLAMATION TO CLAUDE A. ROWE, RECOGNIZING HIM FOR HIS SERVICE IN WORLD WAR II TO THE UNITED STATES OF AMERICA, AS A MEMBER OF THE TUSKEGEE AIRMEN . PRESENTATION BY MAYOR PADILLA OF A PROCLAMATION TO MEMBERS OF THE NATIONAL FEDERATION OF FILIPINO AMERICAN ASSOCIATION (NaFFAA), REGION X, PROCLAIMING THE MONTH OF OCTOBER AS NATIONAL FILIPINO HERITAGE MONTH IN THE CITY OF CHULA VISTA . PRESENTATION BY MAYOR PADILLA OF A PROCLAMATION TO KASANDRA TUCCI, POLICE DATA SPECIALIST; JOANNE RODRIGUEZ, POLICE DATA SPECIALIST; PATRICIA MARK, SENIOR OFFICE SPECIALIST DECLARING NOVEMBER 1, 2006 AS LAW ENFORCEMENT RECORDS AND SUPPORT PERSONNEL DAY . INTRODUCTION BY POLICE CHIEF EMERSON OF RECENTLY HIRED POLICE DEPARTMENT EMPLOYEES T · DID YOU KNOW...THAT EAGLES LIVE IN CHULA VISTA? Presented by Charles Gailband, Avian Specialist, Nature Center. CONSENT CALENDAR (Items 1 through 8) The Council will enact the Consent Calendar staff recommendations by one motion, without discussion, unless a Councilmember, a member of the public, or City staff requests that an item be removed for discussion. If you wish to speak on one of these items, please fill out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk prior to the meeting. Items pulled from the Consent Calendar will be discussed immediately following the Consent Calendar. 1. APPROVAL OF MINUTES of October 3, October 10, and October 17, 2006. Staff recommendation: Council approve the minutes. 2. WRITTEN CORRESPONDENCE Letter of Resignation from William Craft, member of the Board of Library Trustees. Staff recommendation: Council accept the resignation and direct the City Clerk to post the vacancy in accordance with the Maddy Act. 3. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING SECTION 8.22.030 OF THE MUNICIPAL CODE TO PROHIBIT SMOKING IN ANY PORTION OF INDEPENDENCE PARK AND RANCHO DEL REY PARK (SECOND READING) (Continued from October 17, 2006) Adoption of the ordinance prohibits smoking in Independence and Rancho Del Rey City parks. This ordinance was introduced on October 10, 2006. (Public Works Operations Director) Staff recommendation: Council adopt the ordinance. 4. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING A DONATION OF A FORD THINK VEHICLE FROM HIGHLAND PARTNERSHIP, AND MATERIALS AND LABOR FOR VEHICLE PAINTING FROM CALIFORNIA AUTO BODY TO THE POLICE DEPARTMENT Highland Partnership recently donated a Ford Think electric vehicle to the Police Department for use by the Patrol Division. The Police Department envisions using the small electric vehicle at special event operations, such as parades and fairs. California Auto Body also donated the materials and labor to paint the Think vehicle in the traditional black and white patrol vehicle scheme. (Police Chief) Staff recommendation: Council adopt the resolution. Page 2 - Council Agenda http://www.chulavistaca.gov October 24, 2006 5. A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING A NEW CAPITAL IMPROVEMENT PROJECT, "IRRIGATION BOOSTER PUMP AT VETERANS PARK" (PR293), FOR PROVISION OF A FULLY FUNCTIONAL IRRIGATION BOOSTER PUMP AND ENCLOSURE AT VETERANS PARK, LOCATED AT 785 EAST PALOMAR, AND AUTHORlZING INTER- PROJECT TRANSFERS IN THE AMOUNT. OF $39,210 FROM ELIGIBLE EXISTING CAPITAL IMPROVEMENT PROJECTS (4/5THS VOTE REQUIRED) 5. B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND A WARDING A CONTRACT FOR THE "IRRIGATION BOOSTER PUMP AT VETERANS PARK" (PR293) PROJECT TO DREAMSCAPE LANDSCAPE, INCORPORATED, IN THE AMOUNT OF $32,675 Adoption of the resolutions allows the installation of an irrigation booster pump at Veterans Park to provide additional water pressure to the system in order to maintain a healthy landscape and turf. (General Services Director) Staff recommendation: Council adopt the resolutions. 6. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE TRANSFER OF FUNDS FROM THE CORPORATION YARD COMPONENT OF THE PUBLIC FACILITIES DEVELOPMENT IMPACT FEE (PFDIF) TO THE PROGRAM ADMINISTRATION COMPONENT OF THE PFDIF FOR COSTS ASSOCIATED WITH THE PURCHASE OF A STORM DRAIN COMPLIANCE INSPECTOR VEHICLE (4/5THS VOTE REQUIRED) In November 2002, Council appropriated monies from the Public Facilities Development Impact Fee fund for the purchase of an inspection vehicle. Funds were appropriated for this purpose and expended from the Program Administration component. It is more appropriate to use the Corporation Yard component for this purpose. Adoption of the resolution approves reimbursement for the Program Administration component for this expense. (Budget and Analysis Director) Staff recommendation: Council adopt the resolution. 7. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE CLOSURE OF FOUR COMPONENTS OF THE PUBLIC FACILITIES DEVELOPMENT IMPACT FEE (PFDIF), AND TRANSFERRING FUNDS THEREFOR (4/5THS VOTE REQUIRED) In August 1989, the Council adopted an ordinance establishing a series of supplemental impact fees. The Public Facilities Development Impact Fee (PFDIF) program was established in January of 1991. The current PFDIF program includes four support system components, which are now eligible for closure. (Budget and Analysis Director) Staffrecommendation: Council adopt the resolution. Page 3 - Council Agenda http://www.chulavistaca.gov October 24, 2006 T 8. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AMENDMENT TO THE MASTER LICENSE AGREEMENT WITH SPRINT PCS FOR THE INSTALLATION AND OPERATION OF AS MANY AS 50 WIRELESS TELECOMMUNICATIONS FACILITIES OR SUBSTANTIALLY SIMILAR FACILITIES ON CITY-OWNED AND CONTROLLED PROPERTY, SUBJECT TO ALL NECESSARY APPROVALS, FOR A PERIOD OF FIVE YEARS WITH AN OPTION TO RENEW FOR AS MANY As TWO ADDITIONAL FIVE- YEAR TERMS; AND AUTHORIZING THE MAYOR TO EXECUTE THE AMENDMENT Adoption of the resolution approves renewal of the master license agreement with Sprint PCS that extends the existing agreement for the installation of up to 50 wireless telephone facilities on property owned or controlled by the City. The proposed Amendment includes mutually beneficial terms and extends the lease for five years with two additional, five-year options that are subject to the City's review and approval. (Conservation and Environmental Services Director) Staff recommendation: Council adopt the resolution. ITEMS REMOVED FROM THE CONSENT CALENDAR PUBLIC COMMENTS Persons speaking during Public Comments may address the Council on any subject matter within the Council's jurisdiction that is not listed as an item on the agenda. State law generally prohibits the Council from taking action on any issue not included on the agenda, but, if appropriate, the Council may schedule the topic for future discussion or refer the matter to staff. Comments are limited to three minutes. PUBLIC HEARINGS The following items have been advertised as public hearings as required by law. If you wish to speak on any item, please fill out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk prior to the meeting. 9. 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 October 10, 2006) Residents have expressed concern that unlicensed physicians may be operating in the City. Adoption of the ordinance requires any person practicing medicine in the City of Chula Vista to show a valid, state-issued license or certificate in order to obtain a business license. (Plarming & Building Director) Page 4 - Council Ageuda http://www.chulavistaca.gov October 24, 2006 T Staff recommendation: Council conduct the public hearing and place the following ordinance on first reading: ORDINANCE OF THE CITY OF CHULA VISTA AMENDING THE MUNICIPAL CODE TO ADD SECTION 5.42.020, REQUIRING ANY PERSON PRACTICING MEDICINE TO SHOW A VALID STATE LICENSE OR CERTIFICATE AS A REQUIREMENT TO OBTAIN A BUSINESS LICENSE (FIRST READING) 10. 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) (Continued from October 10, 2006) Staff recommendation: Council cancel the public hearing. This item will be brought forward at a later date. 11. CONSIDERATION OF ADOPTION OF NEGATIVE DECLARATION (IS-06-023) AND THE 2005-2010 HOUSING ELEMENT UPDATE OF THE GENERAL PLAN Pursuant to state Law, the City is required to prepare a Housing Element Update that covers the period of July I, 2005 through June 30, 2010. The Housing Element is an important planning tool that analyzes the City's present and projected housing needs, identifies potential constraints and opportunities to meeting the city's housing needs, and sets policy goals and objectives for meeting the City's housing goals and needs during the 2005-2010 period. (Acting Community Development Director) Staff recommendation: Council conduct the public hearing and adopt the following resolution: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING NEGATIVE DECLARATION (IS-06-023) AND THE 2005-2010 HOUSING ELEMENT UPDATE OF THE GENERAL PLAN 12. CONSIDERATION OF A PROPOSED GENERAL PLAN AMENDMENT AND URGENCY INTERIM ORDINANCE TO ESTABLISH A MOBILEHOME OVERLAY DISTRICT During deliberations on the recently approved General Plan Update, one of the questions raised by the community was concern over the possible displacement of existing residents. when redevelopment of some existing housing areas takes place, such as within portions of the City's Urban Core area. In order to ensure that the often special circumstances of mobilehome residents are addressed whenever a change of use and/or rezoning is contemplated for any existing mobilehome park, the Overlay District establishes a requirement for preparation of a plan to address any adverse effects of conversion prior to consideration of the change of use and/or rezoning. (Director of Planning and Building) Page 5 - Council Agenda http://www.chulavistaca.gov October 24, 2006 T Staff Recommendation: Council conduct the public hearing and adopt the following urgency interim ordinance and resolution: A. URGENCY INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING A MOBILEHOME OVERLAY DISTRICT (4/5THS VOTE REQUIRED) B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AMENDMENT TO THE CITY'S GENERAL PLAN TO ESTABLISH A MOBILEHOME OVERLAY DISTRICT 13. CONSIDERATION OF IMPLEMENTATION OF CALIFORNIA VEHICLE CODE SECTIONS 21107.6 AND 21107.8 ON THE PRIVATELY-OWNED ROADS AND PARKING F ACILITIES AT THE OT A Y RANCH TOWN CENTRE Representatives from General Growth, Inc. have requested that the Police Department enforce the California Vehicle Code at the Otay Ranch Town Centre, located ate 2015 Birch Road. Adoption of the ordinance permits the Police Department to conduct Vehicle Code enforcement on that property. (Police Chief) Staff recommendation: Council conduct the public hearing and place the following ordinance on first reading: ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA IMPLEMENTING CALIFORNIA VEHICLE CODE SECTIONS 21107.6 AND 21107.8 ON THE PRIVATELY-OWNED ROADS AND PARKING FACILITIES AT THE OTAY RANCH TOWN CENTRE (FIRST READING) 14. CONSIDERATION OF ADOPTION OF AN ORDINANCE AMENDING CHAPTER 3.50 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO UPDATES IN THE PUBLIC FACILITIES DEVELOPMENT IMPACT FEES (PFDIF) TO PAY FOR VARIOUS PUBLIC FACILITIES WITHIN THE CITY OF CHULA VISTA In August of 1989, the Council adopted an ordinance establishing a series of supplemental impact fees. The Public Facilities Development Impact Fee (PFDIF) program was established in January of 1991. This program enables the City to implement the intent of the Growth Management Oversight Commission (GMOC) program, and to ensure that existing residents do not bear the costs of new development. This program was last comprehensively updated in November of 2002. Adoption of the ordinance approves the Public Facilities DIF March 2006 Update. (Budget and Analysis Director) Staff recommendation: Council conduct the public hearing, place the following ordinance on first reading, and adopt the following resolution: Page 6 - Council Agenda http://www .chulavistaca.gov October 24, 2006 A. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 3.50 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO DEVELOPMENT IMP ACT FEES TO PAY FOR VARIOUS PUBLIC FACILITIES WITHIN THE CITY OF CHULA VISTA (FIRST READING) B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE "PUBLIC FACILITIES DEVELOPMENT IMPACT FEE, MARCH 2006 UPDATE" ACTION ITEMS The Item listed in this section of the agenda will be considered individually by the Council and is expected to elicit discussion and deliberation. If you wish to speak on any item, please fill out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk prior to the meeting. 15. APPOINTMENT TO FILL ONE VACANCY ON THE PLANNING COMMISSION (Continued from October 10, 2006) 16. CONSIDERATION OF AN AGREEMENT FOR JAIL SERVICES The Police Department has negotiated an agreement with the State of California Department of Corrections, Division of Adult Parole Operations to house up to 24 State inmates who will be participating in the In Custody Drug Treatment Program (ICDTP). (Police Chief) Staff recommendation: council adopt the following resolution: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT FOR JAIL SERVICES WITH THE STATE OF CALIFORNIA DEPARTMENT OF CORRECTIONS AND APPROPRIATING FUNDS TO THE FISCAL YEAR 2007 POLICE DEPARTMENT SUPPLIES AND SERVICES BUDGET, BASED UPON UNANTICIPATED REVENUES (4/5THS VOTE REQUIRED) 17. CONSIDERATION OF APPROPRIATION OF FUNDS FOR MOBILEHOME ACTIVITIES The City enforces a variety of regulations for mobilehome parks, and has recently increased services to address the challeng.es in mobilehome living. Funding for these . . activities are not eligible under existing grant revenues. General Fund appropriations are necessary to carry out the comprehensive list of services identified in this report for mobilehome residents. (Community Development Director) Staff recommendation: Council adopt the following resolution: Page 7 - Council Agenda http://www .chula vistaca.gov October 24, 2006 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA 1) APPROPRIATING FUNDS FOR COMPREHENSNE MOBILEHOME SERVICES; AND 2) DIRECTING STAFF TO RESEARCH THE FEASIBILITY OF ESTABLISHING A MOBILEHOME PARK REGISTRATION SYSTEM AND FEE TO ASSIST IMPLEMENTATION OF MOBILEHOME PARK REGULATIONS AND SERVICES (4/5THS'VOTE REQUIRED) OTHER BUSINESS 18. CITY MANAGER'S REPORTS 19. MAYOR'S REPORTS 20. COUNCIL COMMENTS CLOSED SESSION Announcements of actions taken in Closed Session shall be made available by noon on Wednesday following the Council Meeting at the City Attorney's office in accordance with the Ralph M. Brown Act (Government Code 54957.7). 21. PUBLIC EMPLOYEE APPOINTMENT PURSUANT TO GOVERNMENT CODE SECTION 54957 . Engineering Director 22. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) A. Reyes v. City of Chula Vista (USDC 05 CV 2309) B. Gechter v. City ofChula Vista (GIS22609) C. Sidock v. City ofChula Vista (GIS 15970) D. In Re: The Environmental Trust (USBC # 05-02321-LAll) 23. CONFERENCE WITH LEGAL COUNSEL REGARDING INITIATION OF LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(c) One Case 24. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b) Two Cases ADJOURNMENT to the Adjourned Regular Meeting on October 26, 2006 at 4:00 p.m. in the Council Chambers, and thence to the Regular Meeting on November 7, 2006 at 4:00 p.m. in the Council Chambers. Page 8 - Council Agenda http://www.chulavistaca.gov October 24, 2006 In compliance with the AMERICANS WITH DISABILITIES ACT The City of Chula Vista requests individuals who require special accommodations to access, attend, and/or participate in a City meeting, activity, or service request such accommodation at least forty-eight hours in advance for meetings and five days for scheduled services and activities. Please contact the City Clerk for specific information at (619) 691-5041 or Telecommunications Devicesfor the Deaf(TDD} at (619) 585-5655. California Relay Service is also available for the hearing impaired. Page 9 - Council Agenda http://www .chulavistaca.gov October 24, 2006 T