The URL can be used to link to this page

Home My WebLink Aboutcc min 2006/11/21 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA November 21,2006 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 and Mayor Padilla ABSENT: Councilmembers: None ALSO PRESENT: Interim City Manager Thomson, Senior Assistant City Attorney Marshall, City Clerk Bigelow, and Senior Deputy City Clerk Peoples PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY . PRESENTATlON OF A PROCLAMATION BY MAYOR PADILLA TO COUNCILMEMBER PATTY DAVIS, PROCLAIMING NOVEMBER 21, 2006 AS "PATTY DAVIS DAY" Mayor Padilla read the proclamation and, with the assistance of Councilmember Chavez, presented it to Councilmember Davis. Mayor Padilla made his departing office comments at this point. . DID YOU KNOW... ABOUT THE POLICE DEPARTMENT CRIME LAB? Presented by Bill Johnson, Crime Lab Manager. Crime Lab Manager Johnson, assisted by Forensics Specialist Wright and Administrative Services Manager Chew, provided the presentation. CONSENT CALENDAR (Items I through 12) Deputy Mayor McCann stated he would abstain on Item 7 due to the proximity of property he owns to the subject property. Councilmember Rindone asked that Item 6 be pulled for discussion. I. APPROVAL OF MINUTES of August 8, 2006. Staff recommendation: Council approve the minutes. CONSENT CALENDAR (continued) 2. WRITTEN CORRESPONDENCE Letter of Resignation from Steve Palma, member of the Commission on Aging. Staff recommendation: Council accept the resignation and direct the City Clerk to post the vacancy in accordance with the Maddy Act. 3. RESOLUTION NO. 2006-338, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2007 LIBRARY DEPARTMENT BUDGET BY APPROPRIATING A ONE-TIME UNANTICIPATED EVEN START GRANT AUGMENTATION FUND IN THE AMOUNT OF $5,833 FOR EXPENDITURES ASSOCIATED WITH THE CHULA VISTA LITERACY TEAM'S EVEN START FAMILY LITERACY GRANT (4/5THS VOTE REQUIRED) The California Department of Education has advised the Library that its four-year Even Start grant in the amount of $166,667 has been augmented by $5,833 for Fiscal Year 2007. Adoption of the resolution appropriates the funds. (Assistant City Manager/Library Director) Staff recommendation: Council adopt the resolution. 4. RESOLUTION NO. 2006-339, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2007 LIBRARY DEPARTMENT BUDGET BY APPROPRIATING A ONE-TIME UNANTICIPATED BILL AND MELINDA GATES FOUNDATION PUBLIC ACCESS HARDWARE UPGRADE PROGRAM (PAC HUG) IN THE AMOUNT OF $39,000 FOR THE REPLACEMENT OF PUBLIC ACCESS COMPUTERS PURCHASED FROM A PREVIOUS FOUNDATION GRANT (4/5THS VOTE REQUIRED) The Bill and Melinda Gates Foundation Public Access Hardware Upgrade Program (PAC HUG) has awarded the Chula Vista Public Library a one-time, unanticipated grant in the amount of $39,000 for the replacement of public access computers. Adoption of the resolution appropriates the funds. (Assistant City Manager/Library Director) Staff recommendation: Council adopt the resolution. 5. RESOLUTION NO. 2006-340, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2007 LIBRARY DEPARTMENT BUDGET BY APPROPRIATING UNANTICIPATED ONE-TIME GRANT REVENUE IN THE AMOUNT OF $57,807 FROM THE PUBLIC LIBRARY FUND FOR THE PURCHASE OF LIBRARY MATERIALS (4/5THS VOTE REQUIRED) The California State Library has notified the Library of a one-time augmentation to the Public Library Fund grant in the amount of $57,807. Adoption of the resolution appropriates the funds. (Assistant City Manager/Library Director) Staff recommendation: Council adopt the resolution. 6. This item was removed from the Consent Calendar for discussion. Page 2 - Council Minutes http://www .chulavistaca.gov November 21, 2006 7. RESOLUTION NO. 2006-341, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN EASEMENT DEED OVER A PORTION OF CITY OWNED LAND TO SAN DIEGO GAS AND ELECTRIC COMPANY (SDG&E) FOR UTILITY AND ACCESS PURPOSES AS NECESSARY TO PROVIDE ELECTRICAL AND/OR GAS SERVICE TO THE BONITA BRANCH OF THE SAN DIEGO COUNTY LIBRARY AND THE BONITA MUSEUM Adoption of the resolution grants an easement over a portion of City-owned land to San Diego Gas and Electric Company for utility and access purposes as necessary to provide electrical and/or gas service to the Bonita branch of the San Diego County Library and the Bonita Museum. (Acting Engineering Director) Staff recommendation: Council adopt the resolution. 8. RESOLUTION NO. 2006-342, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING A CONTRACT FOR CONSTRUCTION OF "HES TRAFFIC SIGNAL IMPROVEMENTS AT FOURTH AVENUE AND K STREET" (TF-341) TO LEKOS ELECTRIC, INC., AND APPROPRIATING FUNDS THEREFOR (4/5THS VOTE REQUIRED) On October 4, 2006, the Engineering Department received two sealed bids to complete the traffic signal improvements at Fourth and K Streets. Lekos Electric, Inc. submitted the low bid of $232,702. Adoption of the resolutions accepts the bids, awards the contract to Lekos Electric, Inc., and appropriates $25,000 from the available balance of the traffic signal fund to complete the project. (Acting Engineering Director) Staff recommendation: Council adopt the resolution. 9. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE TITLE 6 "ANIMALS" TO ADD CHAPTER 6.30, ENTITLED ANIMAL SALES, AND SECTIONS 6.30.010 AND 6.30.020 (FIRST READING) Adoption of the ordinance makes it a misdemeanor to give away, offer for sale, or transfer any animal, bird, or reptile on public property or private property open to the public. (General Services Director) Staff recommendation: Council place the ordinance on first reading. 10. RESOLUTION NO. 2006-343, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING SUBMITTAL OF A WASTE TIRE ENFORCEMENT GRANT APPLICATION IN PARTNERSHIP WITH THE CITY OF SAN DIEGO - SOLID WASTE LOCAL ENFORCEMENT AGENCY AND AUTHORIZING THE CITY OF SAN DIEGO TO ACT ON BEHALF OF THE CITY OF CHULA VISTA TO EXECUTE ALL NECESSARY APPLICATIONS, CONTRACTS, PAYMENTS REQUESTS, AGREEMENTS AND AMENDMENTS FOR THE PURPOSE OF SECURING GRANT FUNDS AND TO IMPLEMENT AND CARRY OUT THE PURPOSES SPECIFIED IN THE GRANT Page 3 - Council Minutes http://www .ch ulavistaca.gov November 21,2006 CONSENT CALENDAR (continued) The City of San Diego is the lead agency for the Solid Waste Local Enforcement Agency (LEA) program in San Diego County. The cities of Chula Vista, Imperial Beach and National City are partnering with San Diego for the next grant cycle. (General Services Director) Staff recommendation: Council adopt the resolution. 11. A. RESOLUTION NO. 344, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2007 POLICE DEPARTMENT PERSONNEL SERVICE BUDGET, ADDING UNCLASSIFIED POSITIONS, AND APPROPRIATING FUNDS THERFOR BASED UPON UNANTICIPATED REVENUES (4/5THS VOTE REQUIRED) B. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTION 2.05.010 RELATING TO THE ESTABLISHMENT OF UNCLASSIFIED POSITIONS TO ADD THE POSITIONS OF CALIFORNIA BORDER ALLIANCE GROUP (CBAG) - DIRECTOR OF SAN DIEGO LAW ENFORCEMENT COORDINATION CENTER (SD LECC), CBAG ADMINISTRATIVE ANALYST I AND CBAG ADMINISTRATIVE ANALYST II (FIRST READING) The California Border Alliance Group (CBAG) is requesting to add the positions of CBAG - Director of San Diego Law Enforcement Coordination Center (SD LECC) and CBAG Administrative Analyst I and II. All positions would be fully funded through the southwest high intensity drug trafficking area, with an additional 3% administrative fee paid to the City for the payroll and benefits administration. (Police Chief) Staff recommendation: Council adopt the resolution and place the ordinance on first reading. 12. RESOLUTION NO. 2006-345, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $11,215 FROM THE BUREAU OF JUSTICE ASSISTANCE AND APPROPRIATING SAID FUNDS TO THE POLICE GRANT FUND FOR THE BULLETPROOF VEST PARTNERSHIP (4/5THS VOTE REQUIRED) The Police Department has received funding from the Bureau of Justice Assistance to pay for bulletproof vests through a Bulletproof Vest Partnership grant. The grant amount of $11,215 will pay for 50% of the cost of bulletproof vests, which will partially fund 21 vests. Matching funds are included in the Police budget. (Police Chief) Staff recommendation: Council adopt the resolution. ACTION: Mayor Padilla offered Consent Calendar Items I through 5 and 7 through 12, headings read, texts waived. The motion carried 5-0, except for Item 7, which carried 4-0-1 with Deputy Mayor McCann abstaining. Page 4 - Council Minutes http://www .chulavistaca.gov November 21, 2006 ITEMS REMOVED FROM THE CONSENT CALENDAR 6. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A CONTRACT WITH IRON MOUNTAIN INFORMATION MANAGEMENT, INC. FOR THE LONG-TERM STORAGE OF CITY RECORDS Adoption of the resolution approves a contract for the long-term storage and related records management services related to the City's inactive and permanent records. (City Clerk) Councilmember Rindone expressed concern that permanent records storage would not be provided in the former police facility, as previously planned; and he asked that the item be referred back to staff for additional research on alternatives and for a legal analysis to determine whether or not records are being kept when they are no longer needed. He asked that the report be brought back as soon as possible to that the Council had a better understanding of the process. ACTION: Councilmember Rindone moved to refer the item back to staff for further analysis. Councilmember Castaneda seconded the motion, and it carried 5-0. PUBLIC COMMENTS There were none. PUBLIC HEARINGS 13. CONSIDERATION OF A TENTATIVE SUBDIVISION MAP APPLICATION FILED BY VILLAS DEL MAR DEVELOPMENT, LLC AND KNOWN AS VILLAS DEL MAR, CHULA VISTA TRACT 04-06 FOR 10 SINGLE FAMILY RESIDENTIAL LOTS ON 2.06 ACRES ON THE WEST SIDE OF NORTH DEL MAR AVENUE BETWEEN C STREET AND BRISBANE AVENUE The project consists of the removal of an existing house and subdivision of the project site into 10 single-family residential lots, ranging in size from 5,805 to 8,657 square feet, and one common lot containing the private road and common landscaping areas. The average lot size is approximately 7,040 square feet. Adoption of the resolution approves the Mitigated Negative Declaration and Mitigation Monitoring Program IS-04-022, and approves the tentative subdivision map, Chula Vista Tract 04-06, in accordance with the findings and subject to the conditions contained in the resolution. (Planning and Building Director) Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Mayor Padilla opened the public hearing. Planning and Building Director Sandoval introduced the item, and Associate Planner Jeff Steichen presented the staff report and responded to questions of the Council. Page 5 - Council Minutes http://www .chulavistaca.gov November 21, 2006 PUBLIC HEARING (continued) Councilmember Chavez asked staff to review the walkability for children in relation to area schools. There being no members of the public wishing to speak, Mayor Padilla closed the public hearing. ACTION: Councilmember Rindone offered Resolution No. 2006-346, heading read, text waived: RESOLUTION NO. 2006-346, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING PROGRAM IS-04-022, AND APPROVING AND ESTABLISHING CONDITIONS OF A TENTATIVE MAP FOR VILLAS DEL MAR, CHULA VISTA TRACT 04-06 - VILLAS DEL MAR DEVELOPMENT, LLC Councilmember Castaneda seconded the motion, and it carried 5-0. ACTION ITEMS 14. CONSIDERATION OF ANNEXATION OF TERRITORY INTO COMMUNITY FACILITIES DISTRICT NO. 97-2 (PRESERVE MAINTENANCE DISTRICT) AND IMPROVEMENT AREA C THERETO Otay Project, LP has requested that the City conduct proceedings to consider the annexation of territory into Improvement Area C of Community Facilities District 97-2 (Preserve Maintenance District). The conditions of approval of the tentative map for Otay Ranch Village Two require that the annexation be a condition of the first final map for the project. The district funds the maintenance of areas that have been conveyed to the preserve in accordance with the Otay Ranch Resource Management Plan. The City has retained the services of MuniFinancial as special tax consultant and Best, Best and Krieger, LLP as legal counsel to provide assistance during the proceedings. Adoption of the resolutions will initiate the formal proceedings to consider the annexation. (Acting Engineering Director) Senior Civil Engineer Salem stated that staff, the consultant, and the developer were present to answer questions. ACTION: Deputy Mayor McCann offered Resolution Nos. 2006-347 and 2006-348, headings read, texts waived: A. RESOLUTION NO. 2006-347, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING AN ANNEXATION MAP, ANNEXATION NO.6, SHOWING TERRITORY (OT A Y RANCH VILLAGE TWO) PROPOSED TO BE ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 97-2 (PRESERVE MAINTENANCE DISTRICT) AND IMPROVEMENT AREA C Page 6 - Council Minutes http://www .chulavistaca. gOY November 21,2006 ACTION ITEMS (continued) B. RESOLUTION NO. 2006-348, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DECLARING ITS INTENTION TO AUTHORIZE THE ANNEXATION, ANNEXATION NO.6, OF TERRITORY (OTAY RANCH VILLAGE TWO) TO COMMUNITY FACILITIES DISTRICT NO. 97-2 (PRESERVE MAINTENANCE DISTRICT) AND IMPROVEMENT AREA C THERETO AND SETTING THE PUBLIC HEARING TO CONSIDER AUTHORIZATION OF SAID ANNEXATION The motion carried 5-0. 15. CONSIDERATION OF APPROVAL OF THE FORMATION OF COMMUNITY FACILITIES DISTRICT NO. 13M (OT A Y RANCH VILLAGE TWO) Otay Project, LP has requested that the City conduct proceedings to consider the approval of the formation of Community Facilities District (CFD) 13M (Otay Ranch Village Two). The tentative map conditions of approval require that the CFD be formed prior to issuance of the first production home building permit. The district will fund the perpetual operation and maintenance of slopes, medians, parkways, trails, and storm water treatment facilities The City has retained the services of MuniFinancial as special tax consultant and Best, Best and Krieger, LLP as legal counsel to provide assistance during the proceedings. Adoption of this resolution initiates the formal proceedings to consider the establishment ofCFD 13M. (Acting Engineering Director) Senior Civil Engineer Salem stated that staff, the consultant, and the developer were present to answer questions. ACTION: Deputy Mayor McCann offered Resolution Nos. 2006-348, 2006-350, and 2006- 351, headings read, texts waived: A. RESOLUTION NO. 2006-349, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING A BOUNDARY MAP SHOWING THE BOUNDARIES OF THE TERRITORY PROPOSED FOR INCLUSION IN PROPOSED COMMUNITY FACILITIES DISTRICT NO. 13M (OTAY RANCH VILLAGE TWO) B. RESOLUTION NO. 2006-350, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DECLARING ITS INTENTION TO ESTABLISH COMMUNITY FACILITIES DISTRICT NO. 13M (OTAY RANCH VILLAGE TWO) AND TO AUTHORIZE THE LEVY OF A SPECIAL TAX THEREIN TO FINANCE CERTAIN SERVICES AND SETTING THE PUBLIC HEARING TO CONSIDER THE ESTABLISHMENT OF THE PROPOSED DISTRICT Page 7 - Council Minutes http://www.chulavistaca.gov November 21, 2006 ACTION ITEMS (continued) C. RESOLUTION NO. 2006-351, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ORDERING AND DIRECTING THE PREPARATION OF A COMMUNITY FACILITIES DISTRICT REPORT FOR PROPOSED COMMUNITY FACILITIES DISTRICT NO. 13M (OT A Y RANCH VILLAGE TWO) The motion carried 5-0. OTHER BUSINESS 16. CITY MANAGER'S REPORTS Interim City Manager Thomson reminded everyone that there would not be a meeting on Tuesday, November 28,2006. 17. MAYOR'S REPORTS A. Ratification of Mr. John Acosta to the Veterans Advisory Commission. (Continued from November 14,2006) B. Ratification of Ms. Rita Buencamino-Andrews to the Board of Appeals and Advisors ACTION: Mayor Padilla moved to ratify the appointments of Mr. Acosta to the Veterans Advisory Commission and Ms. Buencarnino-Andrews to the Board of Appeals and Advisors. Councilmember Castaneda seconded the motion, and it carried 5-0. 18. COUNCIL COMMENTS Deputy Mayor McCann: A. A formal request for a review of performance and progress of the Chula Vista Redevelopment Corporation. Deputy Mayor McCann stated that since the Chula Vista Redevelopment Corporation (CVRC) is a new entity, breaking new territory, he would like to review what is and is not working to determine how to do the job better. He asked that staff provide an independent review in terms of performance and progress to see what the ultimate results of the corporation are and bring it back to the Council for review. Councilmember Rindone commented that it will be beneficial when the CVRC Executive Director position is filled and many of the issues of joint concern can be addressed. Councilmember Rindone referred to Mayor Padilla's departing office, stating that he enjoyed being a partner with the Mayor in trying to do the best for the City, and he cherished the Mayor's ability to articulate key issues on which the City must focus. Further, he said he looked forward to future assistance on key projects, and he concluded by thanking Mayor Padilla for his many years of dedication and service to the City. Page 8 - Council Minutes http://www .chulavistaca.gov November 21, 2006 OTHER BUSINESS (Continued) Councilmember Rindone: B. Request for Council concurrence to reopen the application process to accept applications for City Manager and extend the deadline for filing until December 5, 2006. ACTION: Councilmember Rindone then moved to reopen the application process for City Manager and extend the deadline for filing to December 5, 2006. Deputy Mayor McCann seconded the motion, and it carried 5-0. Deputy Mayor McCann thanked the Mayor for his service and wished him and his family the best, stating that he was looking forward to continuing their relationship. Councilmember Chavez spoke regarding recent articles about the sale of Paradise Valley Hospital in National City and asked staff to review the potential impact the salet may have on the Chula Vista. She then thanked the Mayor for his support, the opportunity to work with him, and his leadership, both as the Mayor and a citizen. She said he had made a permanent impact on the City. Councilmember Castaneda thanked the Mayor for the opportunity to work with him and stated he would be pleased to work with him again in the future. Futher, he commented that he the Mayor's actions were taken for the betterment of Chula Vista, and the City is clearly a better place because of his leadership. ADJOURNMENT At 7:32 p.m., Mayor Padilla adjourned the meeting to the Regular Meeting of December 5, 2006 at 4:00 p.m. in the Council Chambers. ct~~?~ Lori Anne Peoples, CMC, Senior Deputy City Clerk Page 9 - Council Minutes http://www .chulavistaca.gov November 2 J, 2006