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HomeMy WebLinkAboutcc min 2006/10/17 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA October 17, 2006 6:00 P.M. A Regular Meeting of the City Council of the City of Chula Vista was called to order at 6:13 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Councilmembers: Chavez, McCann, and Mayor Padilla ABSENT: Councilmembers: Castaneda, Rindone (both members excused) ALSO PRESENT: Interim City Manager Thomson, City Attorney Moore, Assistant City Clerk Norris, and Deputy City Clerk Bennett PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY . OATH OF OFFICE Harriet Acton - Board of Ethics Deputy City Clerk Bennett administered the oath, and Deputy Mayor McCann presented Ms. Acton with a certificate of appointment. . DID YOU KNOW...ABOUT THE CITY OF CHULA VISTA'S PEACE OFFICER RECRUITING AND HIRING PROGRAM? Presented by Eric Farwell, Police Agent and Irene Mosley, Human Resources Operations Manager. Police Agent Farwell and Human Resources Operations Manager Mosley presented the Police Department's peace officer recruiting and hiring program. CONSENT CALENDAR (Items I through 8) With regard to Item 4, Councilmember Chavez asked whether assistance or resources have been offered to residents on limited incomes. General Services Director Griffin replied that once the Council confirms the final assessments, staff would work with individual property owners on a case-by-case basis. Councilmember Chavez commented that if a lien is to be placed on someone's property, staff perhaps could look for resources to help those individuals. Also with regard to Item 4, Deputy Mayor McCann asked the level of the City's participation compared to that of the residents. General Services Director Griffin replied that the total project cost was $966,435.07 to date, and the residents' share was $115,178. Deputy Mayor McCann then asked about the schedule for the remainder of the sidewalks. Director Griffin replied that the next phase of street improvements would begin as soon as word is received from HUD regarding the Section 108 loan. CONSENT CALENDAR (Continued) Deputy Mayor McCann, referring to Item 5, requested confirmation that the contract amount of $581,757.50 was paid by the applicant, not the City; and that a competitive process was conducted. Staff responded affirmatively. Regarding Item 6, Deputy Mayor McCann requested confirmation that a competitive bidding process was conducted and that funding was provided by state grant funds. Staff responded affirmatively. 1. APPROVAL OF MINUTES of August 22, August 26, September 14, September 19, September 25, and September 26, 2006. Staff recommendation: Council approve the minutes. 2. WRITTEN COMMUNICATIONS A. Memorandum from Councilmember Castaneda requesting an excused absence from this meeting. Recommendation: Council excuse the absence. B. Memorandum from Councilmember Rindone requesting excused absences from the October 10,2006 and October 17,2006 City Council meetings. Recommendation: Council excuse the absences. 3. A. ORDINANCE NO. 3043, ORDINANCE OF THE CITY OF CHULA VISTA AMENDING SECTION 8.22.030 OF THE MUNICIPAL CODE TO PROHIBIT SMOKING IN FRIENDSHIP PARK (SECOND READING) 3. B. This item was continued to the meeting of October 24,2006. 3. C. ORDINANCE NO. 3044, ORDINANCE OF THE CITY OF CHULA VISTA AMENDING SECTION 8.22.030 OF THE MUNICIPAL CODE TO PROHIBIT SMOKING IN ANY PORTION OF MEMORIAL PARK AND DISCOVERY PARK(SECOND READING) 3. D. ORDINANCE NO. 3045, ORDINANCE OF THE CITY OF CHULA VISTA AMENDING SECTION 8.22.00 OF THE MUNICIPAL CODE TO PROHIBIT SMOKING IN ANY PORTION OF ANY CITY PARK NOT SPECIFICALLY DESIGNATED IN THIS SECTION (SECOND READING) Adoption of the ordinances prohibits smoking in City parks. These ordinances were introduced on October 10,2006. (Public Works Operations Director) Staff recommendation: Council adopt ordinances 3A, 3C, and 3D, and continue ordinance 3B to October 24,2006. Page 2 - Council Minutes http://www .chulavistaca.gov October 17,2006 ~- ._~~ CONSENT CALENDAR (Continued) 4. A. RESOLUTION NO. 2006-308, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING FOR FILING THE FINAL ENGINEER'S REPORT FOR ASSESSMENT DISTRICT 2005-1 (TOBIAS DRIVE) 4. B. RESOLUTION NO. 2006-309, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING THE DEFERRAL OF ASSESSMENTS AND ESTABLISHING THE RATE OF INTEREST OF FIVE PERCENT PER YEAR AND THE FINANCING PERIOD OF A MAXIMUM OF TEN YEARS APPLIED TO THE DEFERRALS FOR ASSESSMENT DISTRICT 2005-1 (TOBIAS DRIVE) 4. C. RESOLUTION NO. 310, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE PLACEMENT OF A LIEN ON THE ASSESSED PROPERTY AT THE SAME TIME AND IN THE SAME MANNER AS OTHER CITY TAXES ARE COLLECTED FOR ASSESSMENT DISTRICT 2005-1 (TOBIAS DRIVE) Construction on Tobias Drive between Naples Street and Oxford Street is now complete. Adoption of the resolutions accepts the filing of the Engineer's Report on the cost of construction, the deferral of assessments and the establishment of the rate of interest and financing period applied to the deferral of assessment, and authorizes the collection of the assessments on the County tax roll. (General Services Director) Staff recommendation: Council adopt the resolutions. 5. RESOLUTION NO. 2006-311, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A THREE-PARTY AGREEMENT BETWEEN THE CITY OF CHULA VISTA, PCR SERVICES CORPORATION (CONSULTANT), AND MCMILLIN OT A Y RANCH, LLC (APPLICANT), RELATED TO PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT FOR THE EASTERN URBAN CENTER SECTIONAL PLANNING AREA PLAN, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT McMillin Otay Ranch, LLC filed an application for the Eastern Urban Center project. The Environmental Review Coordinator determined that the proposed project requires the preparation of an Environmental Impact Report (EIR). Adoption of the resolution approves the proposed contract with PCR for an amount not to exceed $581,757.50, to provide consultant services for the preparation of the EIR for the proposed project. (Planning and Building Director) Staff recommendation: Council adopt the resolution. 6. RESOLUTION NO. 2006-312, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AWARDING THE CONSULTANT AGREEMENT FOR EASTERN UNIVERSITY DISTRICT TRANSIT PLAN TO IBI GROUP, AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT Page 3 - Council Minutes http://www .chulavistaca.gov October 17,2006 CONSENT CALENDAR (Continued) The Eastern University District Plan will provide a conceptual transit-oriented plan and designs for a critical 2,000-acre section of the master planned Otay Ranch community with a rapid transit network linking Otay Ranch's town centers, a university campus, a regional technology park, and other urban centers in the region. The Council previously adopted resolutions to apply for, receive, and transfer grant funds from the state for this project. Adoption of this resolution awards the consultant agreement to IBI Group. (Planning and Building Director) Staff recommendation: Council adopt the resolution. 7. RESOLUTION NO. 2006-313, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING REQUEST FROM THE CHULA VISTA HIGH SCHOOL BAND AND PAGEANTRY CORPS AND THE CHULA VISTA SCHOOL FOR THE CREATIVE AND PERFORMING ARTS TO CONDUCT THE ELEVENTH ANNUAL BAND REVIEW, AUTHORIZING TEMPORARY STREET CLOSURES, AND WAIVING CITY FEES FOR POLICE SERVICES The Chula Vista High School Band and Pageantry Corps, in conjunction with the Chula Vista School for the Creative and Performing Arts, has requested permission to conduct an organized band review on Saturday, November 11, 2006, temporary street closures, and a waiver of police service fees. Adoption of the resolution approves the request. (Police Chief) Staff recommendation: Council adopt the resolution. 8. RESOLUTION NO. 2006-314, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING A GRANT OF UNIVERSALLY ACCESSIBLE PLAYGROUND EQUIPMENT FROM KABOOM! FOR EUCALYPTUS PARK; AUTHORIZING THE COMMITMENT OF MATCHING FUNDS THEREFOR; AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT BETWEEN KABOOM! AND THE CITY OF CHULA VISTA As part of a planned City project to make improvements to Eucalyptus Park during the current fiscal year, the City applied for a grant of universally accessible playground equipment for the park. The grant was awarded on October 6, 2006. If accepted, the KaBOOM! organization will provide state-of-the-art playground equipment for two to twelve-year-olds, to be installed by community and other volunteers in partnership with Healthy Eating, Active Communities (HEAC) and the Center for Healthier Communities for Children (CHCC) at Children's Hospital. (Public Works Operations Director). Staff recommendation: Council adopt the resolution. ACTION: Mayor Padilla moved to continue Item 3B to October 24, 2006 and approve staffs recommendations; and he then offered the Consent Calendar, headings read, texts waived. The motion carried 3-0. Page 4 - Council Minutes http://www .chulavistaca.gov October 17, 2006 ITEMS REMOVED FROM THE CONSENT CALENDAR There were none. PUBLIC COMMENTS Former Councilmember John Moot expressed concern over significant and successive budget deficits that have occurred in the last several years and suggested that the Council and staff take a close look at this issue. He commented that the City cannot continue to make one-time transfers out of funds to secure structural deficits, with expenditures exceeding revenues in successive years. Kevin O'Neill expressed concern about the budget for street repairs, stating that if street maintenance were deferred, repair costs would increase. He asked the Council to address this important issue. Russ Hall recommended that the Council conduct a budget workshop on the issue of maintaining reserves above the required eight percent. He added that it is vitally important to move forward quickly with redevelopment on the west side, particularly on Third Avenue and Broadway. Mayor Padilla directed staff to prepare an information item addressing the above-mentioned issues and bring the matter back to the Council for discussion with the public. Daniel Richardson, representing the Healthy Eating and Active Communities project, spoke regarding Item 8, stating that he participated in the site visit and was gratified with the City's receipt of the grant funding. He added that the organization would be working with City staff and other groups with the goal of improving healthy lifestyles in the community. ACTION ITEM 9. INTERVIEWS AND APPOINTMENT TO FILL ONE VACANCY ON THE PARKS AND RECREATION COMMISSION Mayor Padilla noted that applicant Tiffany Vinson had withdrawn her application. The Council then interviewed William Poindexter and Israel Garza. At 7:14 p.m., Mayor Padilla recessed the meeting, pending the arrival of applicant Elizabeth Scott. The meeting reconvened at 7:43 p.m., with all Councilmembers present, at which time the Council interviewed Ms. Scott. ACTION: Deputy Mayor McCann moved to appoint Elizabeth Scott to the Parks and Recreation Commission. Mayor Padilla seconded the motion, and it failed 2-1, with Councilmember Chavez voting no. Further discussion ensued, and Deputy City Clerk Bennett confirmed that there would be two vacancies occurring on this commission at the end of June 2007. ACTION: Deputy Mayor McCann moved to appoint Elizabeth Scott to the Parks and Recreation Commission. Mayor Padilla seconded the motion, and it carried 3-0. Councilmember Chavez directed staff to notify Mr. Garza of future vacancies on the Parks and Recreation Commission. Page 5 - Council Minutes http://www .chulavistaca.gov October 17, 2006 ~, OTHER BUSINESS 10. CITY MANAGER'S REPORTS There were none. 11. MAYOR'S REPORTS Consideration of Council's support of Proposition 86. (Continued from October 10, 2006) Mayor Padilla stated that this item would be removed from the agenda and continued to a future date. 12. COUNCIL COMMENTS Councilmember Chavez: A. Referral to the Public Safety Committee to analyze the current speed bump policy and the new speed cushions in use by other cities. Councilmember Chavez spoke about rubberized speed bumps that have been implemented by other agencies, and she made a referral to the Public Safety Committee to analyze the current speed bump policy, and to look at the rubberized speed bump technology for possible implementation by the City in the future. B. Consideration of participation by Youth Commissioners in City Council Meetings to encourage youth involvement in civic matters. Councilmember Chavez spoke about the number of existing vacancies on the City's Youth Commission and commented that other agencies are including Youth Commissioners as participants in their Council Meetings. She suggested that the Council consider implementing this in order to encourage youth involvement in civic matters. CLOSED SESSION Closed Session was cancelled, and the following items were not discussed: 13. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) A. Reyes v. City ofChula Vista (US DC 05 CV 2309) B. Gechter v. City of Chula Vista (GIS22609) C. Sidock v. City ofChula Vista (GIS 15970) D. In Re: The Environmental Trust (USBC # 05-02321-LAl1) Page 6 - Council Minutes http://www .chulavistaca.gov October 17,2006 CLOSED SESSION (Continued) 14. CONFERENCE WITH LEGAL COUNSEL REGARDING INITIATION OF LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(c) One Case 15. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b) One Case ADJOURNMENT At 8:12 p.m., Mayor Padilla adjourned the meeting to the Regular Meeting on October 24, 2006, at 6:00 p.m. in the Council Chambers. ;::..------' , Lorraine Bennett, CMC, Deputy City Clerk Page 7 - Council Minutes http://www .chulavistaca.gov October 17,2006