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Home My WebLink Aboutcc min 2008/08/12 A4I�'UTES OF .4 REGULAR MEETC\'G OF THE ' � CITY COUI�CIL OF THE CIT1' OF CHULA �'ISTA August 12, 2008 6:00 P.n4. A Reeular meetine of the Citv Council of the Cit�� of Chula Vista «as called to order at 6:03 p.m. in the Council Chambers. located in Cit�- Hall, 276 Fourth Avenue. Chula \rista, Califomia. ROLL CALL: PRESENT: Councilmembers Castaneda. McCann. Ramirez. Rindone, and A9a��or Cos ABSEI�'T: Aone ALSO PRESE\'T: Cit�� n4anaeer Garcia. Interim Cin• Attome� ?�4iesfeld. Interim Cit�� Clerk Noms, and Depuh� Cit}� Clerk Bennett PLEDGE OF ALLEGIANCE TO THE FLAG AND A10MEI�'T OF SILE\'CE SPECI.AL ORDERS OF THE DAl' • O.ATHS OF OFFICE Catherine Johnson to the Safen� Commission Lilia A�eza to the lntemational Friendship Commission � Emma Abutin to the Human Relations Commission Interim Cin� Clerk Norris administered the oath of office to Commissioners Catherine .Iohnson and Lilia n4eza. Deput�� Ma��or Rindone then presented them �vith certificates of appointment. D4s. .4butin was not present at the meeting. • I?�'TRODUCTION BY Al'A IBARRA. CHAIRPERSON OF THE II�'TERi\'ATIONAL FRIENDSHIP COh4n4ISSI0\' OF EaCHANGE STUDENTS FROM ODAI�'.ARA. J.APAN: ERIKO V�'ATAN.ABE. RISA n4II�'AKUCHI. H_ARUKA TAICE. MIKli NISH[1'.AMA: AI�'D CHULA \'ISTA YOUTH A1�4BASSADORS: JERIDEL JD BAI�'I<S. KELSEY HOFF?�tiAN. JASON HUTTON AI�'D CHRISTOPHER POMBROL Intemational Friendship Commission Chair A��a Ibarra introduced �'isiting Oda��ara exchange students and the Chula \'ista 1'outh Ambassadors. Each of the �'isitine students and the Chula .Ambassadors described their eaperiences in Chula Vista and Japan respecti��el��. Chair Ibarra also introduced International Friendship Commission members Lilia 1�4eza, I�4istv Tienken. and Rebecca Kellv. CONSE\'T CALENDAR (Items 1 through 4) Councilmember McCann stated that he �i�ould be abstainin� from �°otine on Item l.A. and Item 3 ! was remo��ed from the Consent Calendar for discussion bv Councilmember Ramirez. Paee 1 - Council Minutes Aueust 12. 2008 CONSEI�'T CALENDAR (Continued) 1. WWTTEN COMMUT�'ICATIONS A. Memorandum from Councilmember John McCam� requesting an excused absence from the City Council Meetina of August 5, 2008. Staff recommendation: Council excuse tl�e absence. 2. INVES"I'MEN7' REPORT FOR QUARTER ENDED .IUNE 30, 2008 The quarterly im�estment report provides information on various cash balances, investment transactions and the status of the pooled investment portfolio in accordance ��ith the Go��emment Code Section 53646 and the Council In��estrnent Policy adopted on Februar�� 12; 2008. (Finance Director) Staff recommendation: Council accept the report. 3. Item 3 was remo��ed from the Consent Calendar. 4. ORDINANCE OF THE CITY OF CHULA VISTA ADOP1'1NG AMENDM�NTS TO CHULA VISTA MUNICIPAL CODE 8.25.095 RECYCLING — CONSTRUCTION AND DEMOLITION DEBRIS RECYCL]NG (PIRST READING) On July 8; 2008; Council directed staff to review the performance deposit structure for � the Construction and Demolition Debris Recycling Program and retum ��ith modifications that would ha��e less impact on applicants. (Public Works Director) Staff recommendation: Council hold first reading of the ordinance. ACTION: Mayor Coz moved to approve staffs recommendations and offered the balance of the. Consent Calendar, Items ], 2 and 4, headings read, text waived. Deputy Mayor Rindone seconded tt�e motion and it carried 5-0, except Item lA which carried 4-0-1, with Councilmember MeCann abstaining. ITLMS REMOVED FROM THE CONSENT CALENDAR 3. MODIFICATION TO AUDIT SUBCOMMITTEE At the City Council V�'orkshop held on Ma�� 1, 2008, the City's auditors presented the Statement on Auditing Standards 114, requiring the establishment of an audit subcommittee for the Cih�. During the workshop, the Mayor and Councilmember Ramirez were appointed for the duration of the Piscal Year 2007/2008. Staff is noN� recommending the subcommittee be expanded to include all five Councilmembers for the purpose of communicating with the City's auditors regarding the City's audits. (Finance Director) Staff recommendation: Counci] expand the subcommittee to include all five Councilmembers. Paee 2 - Council Minutes Aueust 1?. 2008 � ITEMS REMOVED FROI�9 THE C�OT�'SENT CALENDAR (Continued) Councilmember Ramirez clarified that it ��as not his intent that the subcommittee be expanded to indude all fi��e Councilmembers for the purpose of communicating ��ith the Cit��`s auditors reearding the Citv's audits, but rather, that he ��ould onl�� a�ree to participate on the subcommittee if the meetines «ere conducted in a public forum. ACTION: Councilmember Ramirez moved to appro�e staffs recommendation and offered Item 3. headine read. te�t ��ai�-ed. Ma�-or Cox seconded the motion and it carried �-0. � - PUBLIC COMMENTS Ed Herrera, Chula Vista resident, requested that the Council enact a moratorium on the n4MC Peal:er Plant Proposal and retract its letter to the Califomia Energ�� Commission. in order to conduct a public forum on the matter. The follo��ine members of the public spoke in opposition to the MMC Peaker Po�ver Plant: Jennv Huerta, San Diego resident. representine Em ironmental Health Coalition Caroline Ramos. Chula Vista resident Shazon R'azd. Chula Vista resident Jaime Esquivel. Chula Vista resident Carlos Lopez. Chula Vista resident, representins Chula V'istans for Socia] Justice � � Alissa Calderon. Chula Vista resident � ` Jo�� 'illiams. ?vational City resident, representing Environmental Health Coalition Ruth Heifetz, San Diego resident, representing Environmental Health Coalition A4aria A9o��a. Chula Vista resident. representine Em ironmental Health Coalition Juan Rodrieuez. Chula Vista resident Theresa .Acerro, Chula Vista resident. representine South �1%est Chula Vista Ci��ic Association Graciela ?�4aninez Leo Miras_ representine Em�ironmental Health Coalition Ruth Estrada. Chula Vista resident Carina Lopez: Chula Vista resident Diana Vera. Chula Vista resident Hueo Ivan Salazar. Chula V'ista resident Guillermo Lopez, Chula Vista resident; representine Health For Kids Paul Nonon. Chula Vista resident Hza I�'uno. Chula Vista resident Andrea Hernandez. Chula Vista resident Andrea Limon. Chula Vista resident Ste��en C. Pa�ka. Chula Vista resident The follo�rine members of the public did not spea}:: but submitted speal:er cards indicating their opposition to the �4?�4C Peal:er Po�ver Plant: Pa�e 3 - Council Minutes Aueust 1?.2008 Amalia Salazar. Chula Vista resident Greg� Morales, San Diego resident, representing the Mexican American Political � Association. San Die�o Countv Da��id E. Davis. Chula Vista resident, representing the South West Chula Vista Cieic Association Micah Mitrosky; San Diego resident, representing the Sierra Club Smart Eneray Solutions Campaign Bianca Jara. Chula Vista resident Arturo B. Solis_ Chula Vista resident Lynda Gilgun, Chula Vista resident The following inembers of the public spoke in support of the MMC Peaker Power Plant: Harr�- Scarbrough, representin� MMC Ener�y Cind�� Gompper Gra��es. Po��ay resident; representing South Count�� Economic Development Commission Lisa Cohen,- Chula Vista resident representing the Chula Vista Chamber of Commerce spoke of the need fbr the communit�� to come together to address the issues of poN-er and water in the region, to get the facts, seek neN� technologies, and move forward. Councilmember Ramirez requested that the MMC Peaker Power Plant matter be placed on a Council Agenda soon in order for the public to receive the information presented to the Council in a pre��ious Closed Session. PUBLIC HEARING 5. CONSIDERATION OF APPLICATION FOR APPEAL—MELROSE ORANGE UNOCAL 76; INC. Kamal Habib Nona, o��ner of Melrose Orange Unocal 76, Inc. has appealed the Chula Vista Police Department`s finding that an alcoholic beverage ]icense would not serve Public Convenience or Necessity. (Police Chie� Police Chief Emerson introduced the item and Captain Miranda presented an overview of the licensing process. Freddy Garmo, attorney representing the applicant, asked that the Council reverse the Police Department's decision to deny the request He submitted petitions containing approximatel�- 715 signatures indicating support of the Alcoholic Beverage Control (ABC) license, and letters of support from Charles E. RTisneski, Chula Vista resident, and the Neighborhood Mazket Association. Ste��e Habib; Chula Vista resident and applicant, spoke in support of the approaal of the ABC license, stating that the business was in a convenient location for public access, and that the owners had undertaken proactive measures to maintain a safe and clean communih'. John Habib, Chula Vista resident and store manager (applicant representative), spoke in support of approval of tl�e ABC license; statina that the business offered a convenient location and _ friendly ser��ice for its patrons. Paee 4 - Council Minutes Au��ust 12, �008 PUBLIC HEARII�'G (Continued) _ Mavor Coz opened the public hearing. Jack Meng. Chula Vista resident and manaeer of the 7/I 1 store located ne�t door to the A4elrose A�enue Unoca] 76: stated that the applicanrs request for an ABC license ��as unnecessazv. and that there �aere currenth three e�istine businesses in the area selline alcoholic beveraees. He also stated that should the Council re��erse staff s recommendation to denv the ABC license. it ��ould permit other businesses to folloti� suit. He submitted a petition siened b�� communit�� members opposed to the applicant's request for an ABC license. � Ronald G. Allan �vas opposed to an .ABC ficense request b}� the applicant. stating that there «�ere sufficient businesses in the area currentiv selling liquor. He belie��ed that less access to liquor would help prevent drinking-related issues. There beins no further members of the public ��ho �rished to speak. A4ayor Cos closed the public hearine. Discussion ensued bet��een the Council reearding the applicant's request for an ABC license. ACTION: Deput� Ma�or Rindone mo��ed to adopt the follo��ine Resolution No. 2008-201. headina read. te�t �rai��ed: A. RESOLliTION I�'O. 2008-201. RESOLUTION OF THE CITY COLT'CIL OF THE CIT1' OF CHULA VISTA AFFIRI�4II�'G THE DECISION OF THE CHIEF OF POLICE DE?�'YIi�'G AN ALCOHOLIC BEV'ERAGE LICE\SE AT 149> n4ELROSE AVE?�'UE (n4ELROSE ORANGE UT'OCAL 76, INC.) DUE TO LACK OF PUBLIC CON\rENIENCE OR NECESSITI' Ma�ror Co� seconded the motion and it carried �-1. ��ith Councilmember A4cCann ��otina no. No action was tal:en on the follo��ine resolution: B. RESOLUTION OF THE CITY COUT�CIL OF THE CITY OF CHliLA VISTA REVERSII�'G THE DECISION OF THE CHIEF OF POLICE DENI'IriG A\' ALCOHOLIC BEVERAGE LICE\SE AT 149� A4ELROSE AVENUE (A4ELROSE ORANGE UI�'OCAL 76, I1VC.) DUE TO LACK OF PUBLIC CONVENIENCE OR NECESSITI' 07HER BUSIIvESS 6. CITY 1�9A1�'AGER'S REPORTS Ciri� A4anaeer Garcia spoke about his participation in an emer�encv conference call from the Leaeue of Califomia Cities to all the cities in the State. reeardina the status of the State budset proposal. He then introduced Govemment Relations Liaison Camevale; who reviewed the priman� areas discussed during the conference call, including the �ulnerabilitv of propert�� ta� increment that supports Redevelopment Agenc�� programs and projects. and the likelihood that the State ��-ould borro��• mone� from the Citv's Proposition lA and Proposition 42 funds. , resulting in a potential loss of S6.3 million dollars to the Citv this fiscal vear. She stated that the Paee� - Council Minutes Aueust 12. 2008 OTHER BUSINESS (Continued) Lea�ue of Califomia Cities strongly suggested that Councilmembers contact their indi��idual legislators, making it clear that continuing to use local revenues to balance the State budget ��as fiscally irresponsible. She stated that since the Educational Revenue Augmentation Fund (ERAF) shifi by the State in 1991; the City had lost over $52 million dollars to the State. Cit;- Manager Garcia suggested that staffinember Carnevale coordinate with the Councilmembers to schedule phone calls to local legislators on the issue within the next few days. 7. MAYOR'S RGPORTS • Ratifcation of appointments to the Youth Action Council. ACTION: Ma��or Coa moved for the re-appointments and new appointments of the followinu Youth Action Council Members: Re-Appointments: Yazmin De Saracho, Hilltop High Kate Googins, Academy of Our Lady of Peace Matt Hoffman, High Tech High Johnny Flores, Bonita Vista High John Tessitore, Bonita Vista High Ne�� Appointments: Mariana De Saracho, Hilltop Hiah Astrid LamprechL Bonita Vista High Alan "Miles" Mellor, Eastlake Hieh Ariana Perfecto: Academy of Our Lady of Peace Stacy n4oreno; Hilltop High Deputy Ma��or Rindone seconded tl�e motion and it carried 5-0. Mayor Coa explained that the issue of MMC was turned over to the Califomia Energy Commission (CEC); which would be the decision-maker, and that the City had filed as an intervener on MMC's application. She stated that the Air Pollution Control District correspondence referred to during public comments, along with a report received by the Chula Vista Elementar�� Schoo] District. indicated that what was emitted N�as so insianificant. no mitigation was needed. Mavor Cox stated that staff was doing what it could within its limited authorirv through the CEC-led process, to address communit�� issues. To that end, she stated that staff would be aeailable to address questions or concerns by the community on the matter. and that she would not suppon a public hearing on the matter. Mayor Cox announced the recent opening of Og�i's Pizza, ]ocated in the Winding Walk Shopping Center. 8. COUNCIL COMA�ENTS Deputy Mavor Rindone spoke reearding the MMC Peaker Plant and the comments b1� Councilmember Ramirez on the matter, stating that a hearing was in fact conducted b�� the CEC at the Recreation Center located in southeast Chula Vista, at which time citizen concems about health-related issues were carefull� analvzed and responded to, with assurances of no additional health risks created by the current proposal. He congramlated Henry's Market on its 18�' anniversarvi celebration, the Bonita Professional Association on tUeir successful fundraiser e��ent. and Third�Avenue Village Association (TAVA), for a successful Lemon Festival. Paee 6 - Council Mioutes August 12, 2008 OTHER BUSINESS (Continued) � Councilmember �4cCann thanl:ed the Bonita Business and Professional Association for its kick- off fundraiser, and T.AVA for the successful Lemon Festi�aL He spoke about the passing of Tem� Svau�vald, and n�as hopeful that the Cit�' �vould find some ��a�� of honorine his sen�ice to the Cit��. He estended his thouehts and pra��ers to Tem�'s familv. Councilmember Ramirez echoed some of the sentiments b� the Council about Tem• Strau��ald. n�ho he considered to be an esemplar}� representati��e of his union �roup and a pleasure to ��-ork with. He extended his condolences to Terry`s famih and to those employees ��ho l:new him ��elL He suseested that in addition to his recent request to recoenize communit�� olunteers Peter l�%atn� and Franl: Roseman for their contributions to the Cin. that John Willett also be recognized. He also requested that the Cit�� Mana�er come back as soon as possible with an update on the Cit�`s re�enue projections. Cit�� A9anager Garcia responded that staff had been vackine the re��enues closeh and �vas in the process of estimatine losses associated with the Utilit�� Users' Ta�. as ��ell as ��ith the lar�est issue being �ihat happens in Sacramento. l�'ith respect to the A4n4C Peaker Plant. Councilmember Ramirez requested Cit�� Manaeer Garcia to place the matter on a Counci] .Asenda as soon as possible. in order to discuss the matter in public_ and for a vote of the Council as to ��hether or not to rescind the letter. ?�4a��or Cos recessed the meeting to Closed Session at 8:43 p.m. CLOSED SESSIOi� 9. CONFERE\CE VdITH LEGAL COUI�'SEL REGARDIIvG SIGNIFICA\'T E�POSliRE TO LITIGA710N PURSU.ANT TO GO\JERNA4ENT CODE SECTION ��79�69(b): � Three cases. Case 1 ACTIO\: Councilmember n4cCann mo��ed to authorize �4a�or Cox to e�ecute the �4%al-�4art Defense and Indemnification A�reement. Depun� �4a��or Rindone seconded the motion and it carried 4-l. ��ith Councilmember Castaneda ��otine no. Case 2 No action ��as tal:en on this item. Case 3 ACT[ON: Councilmember Ramirez moved to authorize outside counsel (Steve Quintanilla) to discuss Council �4ember Castaneda s fee request. Councilmember n4cCann seconded the motion and it camed 3-0-2. ��ith !�4avor Co� and Councilmember Castaneda abstainin�. ADJOURI�'I�4ENT At ]0:30 p.m., n4a��or Cox adjoumed the meeting in memon� of Tem� Strauwald, to the Regulaz A4eetine of September 9, 2008 at 6:00 p.m. in the Council Chambers. �, � • Lorraine Benneit, CIvIC, Deput� G'st�� Clerk Pase 7 - Council Minutes . = �Aeaust 12. 2008