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HomeMy WebLinkAboutcc min 2006/10/03 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. 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 DRIVE 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 1 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, Councilmember 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 October 3, 2006 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 Jl, J2, K, and L, is generally located west of SR-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 21101(A)(l), ESTABLISHING CAPITAL IMPROVEMENT PROJECT STL-331, 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 October 3, 2006 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 gaye 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 October 3, 2006 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 Galameau, 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 azeas 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 carved 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 heazd 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 forwazd-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 - Counci] Minutes October 3, 2006 ACTION ITEMS (Continued) Alexandra Hart, representing IBEW 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 term. 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 of the proposed resolution. ACTION: Mayor Padilla offered Resolution No. 2006-303, heading read, text waived, and directed staff to obtain a cleazer policy that applies the Leadership in Energy and Environmental Design (LEED) Silver standazd 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. COUNCIL OF THE TENETS OF THE AGREEMENT; AND THE AGREEMENT 2006-303, RESOLUTION OF THE CITY CITY OF CHULA VISTA ADOPTING THE U.S. MAYORS CLIMATE PROTECTION AUTHORIZING THE MAYOR TO EXECUTE 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 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 regazding a proposal on an application that was denied as incomplete for Mr. Eduardo Valerio with respect to a mazquee sign to promote the Chula Vista Auto Pazk, 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 - Counci] Minutes October 3, 2006 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 a 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: . 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 staffto 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) ACTION: 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 Page 7 - Council Minutes October 3,2006 ACTION ITEMS (Continued) 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 October 3, 2006 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. Councilmember 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 Councilmember 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 Councilmember 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 of Chula Vista (USDC 05 CV 2309) B. Gechter v. City of Chula Vista (GIS22609) C. Sidock v. City of Chula 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 Page 9 - Council Minutes October 3, 2006