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Home My WebLink About2012/04/03 Item 01DRAFT MINUTES OF A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA November 1, 2011 3:00 P.M. A Special Meeting of the City Council of the City of Chula Vista was called to order at 3:02 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL PRESENT: Councilmembers Aguilar, Ramirez, and Mayor Cox ABSENT: Bensoussan, Castaneda Mayor Cox announced that the Council would convene in Closed Session to discuss the items listed below. At 3:08 p.m., the Council convened in Closed Session. CLOSED SESSION Pursuant to Resolution No. 13706 and Council Policy No. 3d6-03, Official Minutes and records of action taken during Closed Sessions are maintained by the City Attorney. 1. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) City of Chula Vista v. Nexhorizon Broadband of Southern California -San Diego Superior Court, Case No. 37-2010-00083634-CU-BC-CTL 2. CONFERENCE WITH LEGAL COUNSEL REGARDING INITIATION OF LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(c) • Application of San Diego Gas & Electric Company (U 902 E) for Authority to Update Marginal Costs, Cost Allocation, and Electric Rate Design; Public utilities Commission of the State of Califomia, Application 11-10-002 (Filed October 3, 2011) ADJOURNMENT At 3:45 p.m., Mayor Cox adjourned the meeting to the next Regular City Council Meeting on November 1, 2011 at 4:00 p.m., in the Council Chambers. Donna R. Norris, CMC, City Clerk Page 1 -Council Minutes November I, 2011 ~~ -,~ DRAFT MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA November 1, 2011 4:00 P.M. A Regular Meeting of the City Council of the City of Chula Vista was called to order at 4:02 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL PRESENT: Councilmembers Aguilar (arrived at 4:03 p.m.), Castaneda, Ramirez and Mayor Cox ABSENT: Bensoussan (excused) ALSO PRESENT: Director of Development Services/Assistant City Manager Halbert, City Attorney Googins, City Clerk Noms, and Deputy City Clerk Kansas PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE Port Commissioner Ann Moore led the Pledge of Allegiance. CONSENT CALENDAR (Items 1-7) 1. APPROVAL OF MINUTES of June 21, 2011. Staff recommendation: Council approve the minutes. 2. WRITTEN COMMUNICATIONS A. Memoranda from Councilmember Bensoussan requesting excused absences from the October 11, and October l8, 2011 City Council meetings. B. Memorandum from Councilmember Castaneda requesting an excused absence from the October 25, 2011 City Council meeting. C. Memorandum from Deputy Mayor Ramirez requesting an excused absence from the October 25, 2011 City Council meeting. Recommendation: Council excuse the absences. 3. ORDINANCE NO. 3215, ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTION 5.39.050(G) TO REQUIRE BIENNIAL HEALTH INSPECTIONS OF MOTELS (SECOND READING AND ADOPTION) (Police Chief) Staff recommendation: Council adopt the ordinance. Page 1 -Council Minutes November 1, 2011 ~~-~ DRAFT CONSENT CALENDAR (Continued) 4. RESOLUTION NO. 2011-210, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING $45,000 DONATED TO CHULA VISTA PUBLIC LIBRARY BY THE FRIENDS OF CHULA VISTA LIBRARY IN ORDER TO PURCHASE LIBRARY BOOKS AND MATERIALS (4/STHS VOTE REQUIRED) (Library Director) Staff recommendation: Council adopt the resolution. RESOLUTION NO. 2011-211, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA (i) APPROPRIATING $205,379 OF HOME INVESTMENT PARTNERSHIP FUNDS FOR USES PREVIOUSLY ALLOCATED BY CITY COUNCIL AND; (2) AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A FIFTH AMENDMENT TO THE AGREEMENT BETWEEN THE CITY AND COMMUNITY HOUSING WORKS FOR THE FIRST TIME HOMEBUYER ASSISTANCE PROGRAM (4/STHS VOTE REQUIRED) (Assistant City Manager/Director of Development Services) Staff recommendation: Council adopt the resolution. 6. RESOLUTION NO. 2011-212, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING A BUDGET AMENDMENT AND APPROPRIATION OF $83,256 IN COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR USES PREVIOUSLY APPROVED BY CITY COUNCIL (4/STHS VOTE REQUIRED) (Assistant City Manager/Director of Development Services) Staff recommendation: Council adopt the resolution. RESOLUTION NO. 2011-213, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE URBAN GREENING GRANT PROGRAM UNDER THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006 (PROPOSITION 84); AND AUTHORIZING THE PUBLIC WORKS DIRECTOR/CITY ENGINEER AUTHORITY TO ACT FOR THE CITY WITH RESPECT TO THE GRANT APPLICATION (Director of Public Works) Staff recommendation: Council adopt the resolution. ACTION: Mayor Cox moved to approve Consent Calendar Items 1-7, headings read, text waived. Deputy Mayor Ramirez seconded the motion and it carried 4-0. ITEMS REMOVED FROM THE CONSENT CALENDAR There were none. Page 2 -Council Minutes November 1, 2011 ~-2 DRAFT PUBLIC COMMENTS There were none. ACTION ITEMS 8. REPORT ON THE STATUS OF DEMOLITION AND REMEDIATION OF THE SOUTH BAY POWER PLANT, AND RELATED ISSUES, AND THE CITY COUNCIL DISCUSSION AND POSSIBLE ACTION REGARDING SAME (City Attorney) Port Commissioner Moore acknowledged port staff and city staff present at the meeting. Port District Counsel Duane Bennett gave an overview of the agreement for the demolition and remediation of the South Bay Power Plant. Margaret Sohagi, representing the Sohagi Law Group, described the required next steps regazding the above ground demolition and subsequent land remediation. Victor Vilaplana, representing Foley and Lazdner, presented information about a report provided to the Port District on potential implications in the event Dynegy filed bankruptcy. Celia Brewer, Assistant Port Attorney, explained the benefits of the agreement. ACTION: Councilmember Aguilar moved to adopt the Resolution in Support of the Confidential Settlement Communication Dated October 25, 2011, Regarding the South Bay Power Plant; and to give direction to City Staff to continue to work collaboratively with Port District staff to implement the project schedule dated October 24, 2011, included in the confidential settlement communication. Councilmember Castaneda seconded the motion. The motion failed 2-2 with Mayor Cox and Deputy Mayor Ramirez opposed. Mayor Cox recessed the meeting at 5:42 p.m. The meeting reconvened at 5:53 p.m. with Councilmembers Aguilar, Castaneda, Ramirez, and Mayor Cox present. 9. CONSIDERATION OF AN EMERGENCY ORDINANCE AND AN ORDINANCE OF THE CITY OF CHULA VISTA DECLARING THE DISTRIBUTION OF PSYCHOACTIVE BATH SALTS AND PSYCHOACTIVE HERBAL INCENSE A PUBLIC NUISANCE SUBJECT TO CIVIL PENALTIES AND ENFORCEMENT Deputy City Attorney Hawkins provided information and an overview on the laws that govern synthetic drugs. Page 3 -Council Minutes ' ~ ~ November 1, 2011 DRAFT ACTION ITEMS (Continued) The following members of the public spoke in support of the proposed ordinances: Connie Bennett, La Mesa resident, representing San Diego Woman's Christian Temperance Union. Eliza Bodie-Cardin, representing People Against Spice Sales. William Perno, Chula Vista resident, representing People Against Spice Sales. Samantha Dablish, EI Cajon resident, representing Neighborhood Mazket Association. Jose M. Perez, National City resident, representing People Against Spice Sales. Victoria Cardin, representing Youth of our Community. Carol Green, Chula Vista resident, did not speak, but submitted a speaker slip in support of the ordinances. ACTION: Councilmember Aguilaz moved to adopt the following Emergency Ordinance No. 3216, and to place Ordinance B on first reading, heading read, text waived: A. EMERGENCY ORDINANCE NO. 3216, ORDINANCE ENACTING MUNICIPAL CODE CHAPTER 9.24 DECLARING THE DISTRIBUTION OF PSYCHOACTIVE BATH SALTS AND PSYCHOACTIVE HERBAL INCENSE A PUBLIC NUISANCE SUBJECT TO CIVIL PENALTIES AND ENFORCEMENT (4/STHS VOTE REQUIRED) (City Attorney) B. ORDINANCE ENACTING MUNICIPAL CODE CHAPTER 9.24 DECLARING THE DISTRIBUTION OF PSYCHOACTIVE BATH SALTS AND PSYCHOACTIVE HERBAL INCENSE A PUBLIC NUISANCE SUBJECT TO CIVIL PENALTIES AND ENFORCEMENT (City Attorney) Councilmember Castaneda seconded the motion and it carved 4-0. It was the consensus of the Council to direct staff to work with the Public Safety Subcommittee to bring a report back to Council within 30 days or no later than December 13, 2011. OTHER BUSINESS 10. CITY MANAGER'S REPORTS Director of Development Services/Assistant City Manager Halbert stated that the Regulaz Council Meeting of November 8, 2011 was cancelled. 11. MAYOR'S REPORTS Mayor Cox referred to staff, with Council consensus, to place the City Clerk's evaluation on the November 15, 2011 Closed Session agenda. 12. COUNCILMEMBERS' COMMENTS Page 4 -Council Minutes ' ~`~!, L November 1, 201 I DRAFT OTHER BUSINESS (Continued) Councilmember Castaneda commented on his recent attendance at the Otay Ranch Town Center Halloween celebration. He thanked the Police and Library departments for their presence at the event. Councilmember Aguilar referred to staff, with Council consensus, to process an application for a rezone from R-1-7 to R-1-15 on the west side of Second Avenue, between I and J Streets, and return to the Council for action on the rezone. Deputy Mayor Ramirez commented on the rezone, and he suggested looking at a prior notion by former Mayor Greg Cox regarding Heritage Home relocation. Mayor Cox announced that the Council would convene in Closed Session to discuss the items listed below. At 7:44 p.m., the Council convened in Closed Session. CLOSED SESSION Pursuant to Resolution No. 13706 and Council Policy No. 346-03, Official Minutes and records of action taken during Closed Sessions are maintained by the Ciry Attorney. 13. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8 Property: South Bay Power Plant Property located at 990 Bay Boulevard, Chula Vista, California Described as follows: Pazcel 1 of Parcel Map No. 18185 in the County of San Diego, State of California, filed in the Office of the County Recorder of said San Diego County, December 30, 1998, as File No. 1998-858614 of Official Records, excluding the "Electrical Substation" and "Pazk Notch" Parcels. Agency Negotiators: Jim Sandoval, Scott Tulloch, Glen Googins and Bart Miesfeld Negotiating Parties: Dynegy South Bay, LLC and the San Diego Unified Port District Under Negotiation: Possible terms for initiation of lease negotiations. ADJOURNMENT At 8:21 p.m., Mayor Cox adjourned the meeting to the next Regulaz City Council Workshop Meeting on November 3, 2011, at 4:00 p.m., in the Police Department Community Room. Donna R. Norris, CMC, City Clerk Page 5 -Council Minutes ~~-...-~ November I, 2011 DRAFT MINUTES OF A WORKSHOP OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA November 3, 2011 4:00 p.m. A Workshop of the City Council of the City of Chula Vista was called to order at 4:03 p.m. in the Police Deparhnent Community Room, 315 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Councilmembers Castaneda, Ramirez and Mayor Cox ABSENT: Councilmembers Aguilar (excused) and Bensoussan ALSO~PRESENT: City Manager Sandoval, City Clerk Norris, and Deputy City Clerk Kansas PLEDGE OF ALLEGIANCE AND MOMENT OF SILENCE PUBLIC COMMENTS There were none. WORKSHOP PRESENTATION BY DEVELOPMENT SERVICES HOUSING DIVISION OF HOMELESSNESS IN OUR REGION Housing Manager Mills introduced the presenters. Jennifer Litwak, J.D., Manager of Projects and Development, Regional Task Force on the Homeless, provided the point-in-time count of the homeless and an overview of the demographics of the homeless population in San Diego County. Captain Kennedy, Chula Vista Police Department, provided an overview of transient- related calls for service and impacts on the community, and provided information on the life of one chronic homeless individual. Simonise Ruff, Director, Corporation for Supportive Housing San Diego, spoke about supportive housing and the support services available toward ending homelessness. Lance Witmondt, Home Again, United Way of San Diego County, provided information on "Project 25", Frequent User Initiative in San Diego. Page 1 -Council Minutes November 3, 2011 DRAFT WORKSHOP (Continued) Pat Leslie, Regional Continuum of Care Council/Keys to Housing, presented information on the Keys to Housing Initiative. Don Hunter, Family Wellness and Sufficiency Director, South Bay Community Services, provided information on the South Bay Homeless Advocacy Coalition. Housing Division Project Coordinator Davis, spoke about opportunities for individuals, organizations, and the City to help. She also spoke about the City's use of federal grant funds for homeless services. PRESENTATION OF A PROCLAMATION TO DON HUNTER OF SOUTH BAY HOMELESS ADVOCACY COALITION, PROCLAIMING NOVEMBER 12TH -20TH AS NATIONAL HUNGER AND HOMELESSNESS AWARENESS WEEK Mayor Cox read the proclamation, and Councilmember Castaneda presented it to Mr. Hunter. ACTION ITEM CONSIDERATION OF ENDORSING THE REGIONAL KEYS TO HOUSING TOOLBOX ACTION: Councilmember Castaneda moved to adopt the following resolution No. 2011-214, heading read, text waived: RESOLUTION NO. 2011-214, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ENDORSING THE KEYS TO HOUSING TOOLBOX WHICH IDENTIFIES REGIONAL STRATEGIES AND ACTIONS TO ADDRESS FAMILY HOMELESSNESS Deputy Mayor Ramirez seconded the motion, and it carried 3-0. Councilmember Castaneda referred to staff, with Council consensus, a suggestion to look at and formulate an implementation process for Council consideration of some of the tools that were presented and to look at the City's affordable housing set-aside policies and funding opportunities for the Council to consider. Mayor Cox asked staff to provide the Council with information on the financial gaps that may be caused by potential implementation of the tools. Page 2 -Council Minu[es / ~ ' ~ November 3, 2011 DRAFT ADJOURNMENT Mayor Cox adjourned the meeting to November 15, 2011 at 4:00 p.m. The meeting of November 8, 2011 was cancelled. Donna Norris, City Clerk Page 3 -Council Minutes / ~ November 3, 201 I l t--' ,~ DRAFT MINUTES OF A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA November 14, 201 ] 4:00 P.M. A Special Meeting of the City Council of the City of Chula Vista was called to order at 4:07 p.m. in the Executive Conference Room, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL PRESENT: Councilmembers Aguilar, Bensoussan, and Mayor Cox ABSENT: Councilmembers Castaneda and Ramirez INTERVIEWS TO FILL ONE VACANCY ON THE CHULA VISTA CIVIL SERVICE COMMISSION ACTION: Councilmember Bensoussan moved to appoint Felicia Starr to the Civil Service Commission. Councilmember Aguilar seconded the motion and it carried 3-0-2, with Councilmembers Castaneda and Ramirez absent. ADJOURNMENT At 5:02 p.m., Mayor Cox adjourned the meeting to a Regular Meeting of the City Council on November 15, 2011, at 4:00 p.m., in the Council Chambers. ~ ~n~ oh,5,~-~ r~u1e~ Donna R. Norris, CMC, City Clerk Page 1 - Counci] Minutes / T1 _' November 14, 2011