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Home My WebLink Aboutcc min 2011/11/01MINUTES 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 (amved 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 Norris, 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, 201 I. Staff recommendation: Council approve the minutes. 2. WRITTEN COMMUNICATIONS A. Memoranda from Councilmember Bensoussan requesting excused absences from the October 11, and October 18, 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 - Counci] Minutes November 1, 2011 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. 5. RESOLUTION NO. 2011-211, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA (1) 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 ASSISTANCE PROGRAM (4/STHS Manager/Director of Development Services) FOR THE FIRST TIME HOMEBUYER VOTE REQUIRED) (Assistant City 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 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 regarding the above ground demolition and subsequent land remediation. Victor Vilaplana, representing Foley and Lardner, 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, 20] 1 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-Cazdin, representing People Against Spice Sales. William Perno, Chula Vista resident, representing People Against Spice Sales. Samantha Dablish, El Cajon resident, representing Neighborhood Market Association. Jose M. Perez, National City resident, representing People Against Spice Sales. Victoria Cazdin, representing Youth of our Community. Cazol Green, Chula Vista resident, did not speak, but submitted a speaker slip in support of the ordinances. ACTION: Councilmember Aguilar 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 carried 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 Regular 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 November 1, 2011 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 Mlnutes and records of action taken during Closed Sessions are maintained by the City 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: Parcel 1 of Parcel Map No. 18185 in the County of San Diego, State of Califomia, 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 "Park Notch" Parcels. Agency Negotiators: Jim Sandoval, Scott Tulloch, Glen Googins and Bart Miesfeld Negotiating Parties: Dynegy South Bay, LLC and the San Diego Unified Por[ District Under Negotiation: Possible terms for initiation of lease negotiations. ADJOURNMENT At 8:21 p.m., Mayor Cox adjourned the meeting to the next Regular City Council Workshop Meeting on November 3, 2011, at 4:00 p.m., in the Police Department Community Room. ~~. ~ ~~~ Donna R. Norri , CMC, City Clerk Page 5 -Council Minutes November I, 2011