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HomeMy WebLinkAboutcc min 2007/01/16 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA January 16, 2007 6:00 P.M. A Regular Meeting of the City Council of the City of Chula Vista was called to order at 6:01 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Councilmembers: Castaneda, McCann, Ramirez, Rindone, and Mayor Cox ABSENT: Councilmembers: None ALSO PRESENT: Interim City Manager Thomson, City Attorney Moore, Senior Deputy City Clerk Peoples, and Deputy City Clerk Bennett PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY . PRESENTATION BY DEPUTY MAYOR RINDONE OF A PHOTOGRAPH OF DECORATED TUSKAGEE PILOT CAPTAIN CLAUDE A. ROWE TO THE CITY OF CHULA VISTA Deputy Mayor Rindone presented the Council with the photograph of Captain Rowe. . OATHS OF OFFICE Kevin O'Neill- Growth Management Oversight Commission Mayor Cox stated that Mr. O'Neill was administered the oath and received his certificate of appointment earlier in the day in the City Clerk's office. CONSENT CALENDAR (Hems 1 through 5) 1. APPROVAL OF MINUTES of the Adjourned Regular Meeting of December 14, 2006, and the Regular Meeting of December 19, 2006. Staff recommendation: Council approve the minutes. 2. WRITTEN COMMUNICATIONS A. Letter of resignation from Majed AI-Ghafry, member of the Safety Commission. B. Letter ofresignation from Susan O'Shaughnessy, Commission on Aging. Staff recommendation: Council accept the resignations and direct the City Clerk to post the vacancy in accordance with Maddy Act requirements. CONSENT CALENDAR (continued) 3. ORDINANCE NO. 3058, ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE TO PROHIBIT SMOKING WITHIN FIFTY (50) FEET OF THE ENTRANCE TO ANY EATING ESTABLISHMENT, AND TO MAKE OTHER REVISIONS AS NECESSARY TO MAKE THE CHAPTER PROVISIONS CONSISTENT (SECOND READING) Adoption of the ordinance prohibits smoking within 50 feet of the entrance to any eating establishment and makes additional clerical corrections to the Municipal Code section. This ordinance was introduced on January 9, 2007. (City Attorney) Staff recommendation: Council adopt the ordinance. 4. A. RESOLUTION NO. 2007-012, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING AN AGREEMENT WITH THE GAS TECHNOLOGY INSTITUTE, A NOT FOR PROFIT RESEARCH & DEVELOPMENT ORGANIZATION, TO ANALYZE ENERGY, ECONOMIC AND ENVIRONMENTAL IMPACTS OF BOTH PLANNED AND ALTERNATIVE BUILDING DESIGN OPTIONS FOR THE DEVELOPMENT OF THE WAKELAND AFFORDABLE HOUSING PROJECT AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENTS B. RESOLUTION NO. 2007-013, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING AN AGREEMENT WITH THE GAS TECHNOLOGY INSTITUTE, A NOT FOR PROFIT RESEARCH & DEVELOPMENT ORGANIZATION, TO ANALYZE ENERGY, ECONOMIC AND ENVIRONMENTAL IMPACTS OF BOTH PLANNED AND ALTERNATIVE BUILDING DESIGN OPTIONS FOR THE DEVELOPMENT OF THE CREEKSIDE VISTAS MIXED-USE RESIDENTIAL PROJECT AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT Adoption of the resolutions approves agreements with the Gas Technology Institute to analyze energy, economic, and environmental impacts of both planned and alternative building design options for the Wakeland affordable housing project and the Creekside Vistas mixed-use residential project in western Chula Vista, as required under the San Diego Gas & Electric partnership grant program. (Acting Community Development Director) Staff recommendation: Council adopt the resolutions. 5. RESOLUTION NO. 2007-014, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FIRST AMENDMENT TO THE PHASE II AGREEMENT WITH STRATUS, A DIVISION OF HEERY INTERNATIONAL AND AUTHORIZING THE MAYOR TO EXECUTE THE AMENDMENT Adoption of the resolution extends the agreement for additional consultant services related to the formalization of charter university partners and the development of key collaboration, business and academic plans between and among those partners as entered into as of March 8, 2005. (Acting Community Development Director) Staff recommendation: Council adopt the resolution. Page 2 - Council Minutes httn:/ /www.chulavistaca.2:0V January] 6,2007 CONSENT CALENDAR (continued) ACTION: Councilmember McCann moved to approve staff's recommendations and offered the Consent Calendar, headings read, texts waived. Deputy Mayor Rindone seconded the motion, and it carried 5-0. ITEMS REMOVED FROM THE CONSENT CALENDAR There were none. PUBLIC COMMENTS Gloria McLean, attorney representing Mr. Bisharat, owner of a gas station at the corner of Halecrest and Telegraph Canyon Road, asked the Council to direct staff to bring back an agendized item to allow banner signs within service bays that face public streets and, pending that action, to stop enforcing that portion of the Municipal Code. Mayor Cox asked staff to contact Ms. McLean Patricia Aguilar, representing Crossroads II, asked if the committees formed by the Council several weeks ago would be meeting in public. Mayor Cox asked Attorney Moore to provide clarification to Ms. Aguilar. BOARD AND COMMISSION REPORTS 6. CONSIDERATION OF THE DRAFT ARTS MASTER PLAN After 20 months of effort, an Arts Master Plan has been drafted which, if approved, will guide the growth of arts and culture in the City for the next decade. It will also begin to implement the policies, goals and objectives contained within the 2005 General Plan Update that specifically call for the City's increased promotion and support of arts and culture. (Cultural Arts Commission/Cultural Arts Manager/Assistant City Manager/Library Director) Assistant City Manager/Library Director Palmer introduced the item. Cultural Arts and Fund Development Manager Reinhardt and Cultural Arts Commissioners Redo, Bolles and Deavenport presented an overview of the draft Arts Master Plan, followed by recommendations for implementation. The following people spoke in support of the draft Arts Master Plan: Joan Hansen, Chula Vista resident and artist Betsy Keller, Chula Vista resident, OnStage Playhouse, Frederika Manor, and T A V A (Third Avenue Village Association) Dency Souval, Chula Vista resident Colleen Finnigan, San Diego resident, City of Carls bad Arts Office Page 3 - Council Agenda httn:/ /www.chulavistaca.2:OV January 16, 2007 BOARD AND COMMISSION REPORTS (continued) Joanne TawfiIis, Oceanside resident, Executive Director of United Nations Association- Balboa Park, and Executive Director and Founder of the Art Miles Mural Project Susan O'Shaughnessey, Healthy Spirit and T A V A Dr. Susan Mahler Sharon Hyde, Chula Vista resident, Chula Vista Art Guild Sara Deavenport, Chula Vista resident, California Ballet Bobby Hartman, San Diego resident, Program Director, Fern Street Circus Thomas Vandeveld, Chula Vista resident, musician in "The Players" Kevin McCully, San Diego resident, musician in "The Players" William Virchis, teacher, Sweetwater Union High School District Lupita Jimenez, Chula Vista resident Phani Peesapati, Chula Vista resident, parent of child who benefited from a fine arts grant provided by City of Chula Vista Martha Ehringer, San Diego resident, Director of Public Relations for the Mingei International Museum Alan Ziter, Naval Training Center Foundation Bethany Lockhart, San Diego Junior Theatre Dalouge Smith, San Diego resident, San Diego Youth Symphony Marti Kranzberg, San Diego resident, Creative Class Rebecca Radn and Cynthia Stokes, San Diego Opera Barry Parr, Chula Vista resident and teacher, Sweetwater Union High School District Chris Davenport, Chula Vista resident, Mountain West Real Estate Bob Christiansen, OnStage Playhouse Brian Patterson, San Diego Museum of Art Laura Withers, Playwrights Project Tommy Aros, Chula Vista resident and musician, requested support for live music venues in the City. Paul Vaucheley, Barrio Logan East Village Arts District, spoke in support of the plan and urged that an art colony be incorporated into the plan. Patricia Aguilar, Crossroads II, spoke in support of the plan and suggested that the plan include what the Urban Core Specific Plan calls the "Downtown Promenade" as an "Arts Promenade." The following persons submitted speaker slips in support of the plan but did not speak: JoAnn Fields, National Federation of Filipino Americans Association and military community Veronica Serrano, Chula Vista resident, San Diego Cesar E. Chavez Committee David Hoffman Jerry Livingston, representing the Building Industry Association and the National Association of Office and Industrial Properties, spoke in opposition to the plan, citing significant concerns about the use of development fee funding to implement and support the plan. Lisa Cohen, Chula Vista resident and Chief Executive Officer of the Chula Vista Chamber of Commerce, stated that the Board supports the plan as long as the proposed "2% for Public Art" policy is voluntary, rather than mandatory. Page 4 - Council Minutes htto :I/www.chulavistaca.lwv January 16,2007 BOARD AND COMMISSION REPORTS (continued) Mayor Cox declared a brief recess at 8:43 p.m. She reconvened the meeting at 8:54 p.m. with all Councilmembers present. Councilmember Castaneda requested further dialogue on the particulars of moving forward with the plan, including funding strategies. Councilmember Ramirez stated that the main public library renovation should be a priority, expressed concerns with the funding mechanism, and asked staff to come back with recommendations for funding that include what other cities have done. Councilmember McCann requested a financial analysis of how pipeline projects might be affected, and asked staff to look for alternative funding sources that would have less of an impact on revitalization. He then suggested that Coors Amphitheatre be looked at as a consistent stream of revenue to be used, versus capital improvement projects. Deputy Mayor Rindone stated that he was notified that the Taste of the Arts event was being eliminated. Since then, however, he received information that the program will continue but be held in a different venue. Deputy Mayor Rindone concurred with the referral to staff to perform a financial analysis and suggested a bifurcated scale be considered as well. Lastly, he inquired about the status of the Otay Baptist Church, which he thought would be studied and included in the report. Mr. Reinhart stated that the church was not included in the report because the consultant did not feel qualified to make a specific recommendation about it. Assistant City Manager/Library Director Palmer stated that a cost analysis was previously provided by the General Services Department, along with input received from residents near the church expressing opposition to moving it. Deputy Mayor Rindone asked staff to provide the report to the Council for a final decision. Mayor Cox stated that the plan was extraordinary, and the Council needed to work with staff towards as creative a solution as possible. She expressed the need to look at ways to increase the revenues, noting that it is very important to have the program drive the budget, rather than have the budget drive the program. Mayor Cox requested creativity in the solutions staff would be bringing back for consideration. ACTION: Mayor Cox moved to accept the staff report and asked staff to look at what I % of the projects in the 2005/2006-year means to the bottom line of economics in order to share the creativity among a broader base if possible. Deputy Mayor Rindone seconded the motion, and it carried 5-0. Deputy Mayor Rindone noted that the art fund created by the Coors Amphitheatre tickets is expended in its totality annually, and he advised Commissioners that they could request that the funds be carried over if needed to save for a particular event. Page 5 - Council Agenda http://www .chulavislaca. gOY January 16, 2007 OTHER BUSINESS 7. CITY MANAGER'S REPORTS There were none. 8. MAYOR'S REPORTS A. Ratification of appointment of Tim Jones to the Growth Management Oversight Commission. ACTION: Mayor Cox moved to appoint Tim Jones to the Growth Management Oversight Commission. Councilmember Castaneda seconded the motion, and it carried 5-0. B. Discussion to clarify policies with regard to members of the public addressing the City Council under the Public Comments portion of the agenda, and possible direction to staff to prepare an ordinance to amend the Municipal Code accordingly. Mayor Cox presented Chula Vista Municipal Code Section 2.04.230, titled "Addressing the Council by Individuals," and explained that the purpose of oral communications under the existing code was for members of the public to bring up issues in public on items not on the agenda. The current ordinance limits their time to speak to three minutes. She noted that due to the Council's strict adherence to the Brown Act, the Council is not able to engage the public under oral communications. Speakers have five minutes to address the Council regarding items on the agenda, and if they wish to gather their comments together, they can have up to 30 minutes to speak. Mayor Cox further explained that it was not her intent, or that of the Council, to eliminate oral communications or the public's right to address the Council. Frank Zimmerly, representing the Northwest Civic Association, read into the record a letter previously submitted by Association President Pamela Bensoussan expressing opposition to amending the ordinance to limit oral communications to 3 minutes. Kit Gardner stated that he did not understand the issue but opposed any change to the existing system. Patricia Aguilar, representing the Board of Directors and members of Crossroads II, stated she, too, was mystified as to why the item was being discussed. She had understood that the presiding officer could extend the time limit on a case-by-case basis if deemed appropriate. She said she realized this was in part a legal issue, but that the current system has worked fine, and she opposed any changes. Peter Watry recommended the ordinance be kept as is and administered with common sense. Jackie Lancaster, representing Save Our Bayfront, appealed to the Council to allow the ceding of time under oral communications, and suggested it be spelled out in the Chula Vista Municipal Code. Page 6 - Council Minutes httn:llwww.chulavistaca.eov January 16, 2007 OTHER BUSINESS (Continued) Sandy Duncan stated that she understood the three-minute rule and that there was a gentleman's agreement for people to cede time to those wishing to speak. Ms. Duncan then stated that she had spoken with City Consultant Terry Amnsler, who also opposed Council action on this item. Earl Jentz spoke in support of keeping the ability to cede time to a speaker under oral communications and asked that the ordinance not be changed. Jose Preciado, President of South Bay Forum, stated he was open to hearing discussion regarding the need for a change to prior policy, and expressed concern from group members about limiting the ability to combine minutes under oral communications. Ted Kennedy stated that the purpose of oral communications was to allow the public to participate and gather information, thus providing an early waming system. However, if the system is going to be changed, he asked that statistics be provided to the public to show how many times the current system has been abused. Mayor Cox clarified that this particular agenda item was on public comments, and although she appreciated the public's confidence in her exercising appropriate discretion, she had a sense that if she were to suggest that someone had gone on too long, or could not cede minutes after three or four times doing so, she would be duly criticized for exercising favoritism. Under public comments, the Council cannot engage with the audience, and the ordinance only allows groups to speak under agendized items. If the Council determined that the ordinance was to be left as is, she would take the Chair's prerogative and use the Chair's discretion in deciding whether to allow the public to gift minutes to one another or to surpass their time. She expressed concern, however, that as soon as she said no to one person, she would be thought of as an unfair person. City Attorney Moore confirmed that time limitations could be imposed as long as they allow individuals the right to speak, and the presiding officer can provide more time as long as it is applied fairly to everyone. Councilmember Ramirez stated that wherever possible, the greatest amount of latitude should be provided to allow people to speak their minds. He then asked that the ordinance be expanded to allow the sharing of time at the discretion of the presiding officer, and to require people to state their City of residence when addressing the Council. Councilmember Ramirez also expressed an interest in holding a workshop to address procedural aspects of the Council Office as a department. City Attorney Moore stated that everyone has a constitutional right to speak at a public meeting in a public setting, and the Council cannot limit someone who is not a resident of Chula Vista from speaking. To identifY a person as a resident of Chula Vista would not be a problem, as long as they are not provided any extra privilege, such as extra time that is not provided to someone who is not a resident. Deputy Mayor Rindone stated the only necessary change to the ordinance would be to request the speaker to state whether or not he or she was a resident of Chula Vista, and the rest should be at the prerogative of the Chair. Page 7 - Council Agenda http://www .chula vistaca. 2:QV January 16,2007 OTHER BUSINESS (Continued) In response to a question by Councilmember Castaneda, Mayor Cox stated that her understanding of the purpose of public comments was for people to address the Council for three minutes on an issue that is not on the agenda, and although she appreciated being given discretion by her colleagues, she was concerned that there would be a point in time when her actions would not be considered as fair. Councilmember Castaneda stated he understood the Mayor's concerns, however, he believed those not wanting to speak should be able to cede their time to a representative to speak for them. Further, he believed a clarification was required in the ordinance to remove the requirement for stating the speaker's address, to request a speaker to state whether he or she is a resident of Chula Vista, if they choose to do so, and to augment the first sentence that delineates the period of time to say "three minutes, unless further time is granted by the presiding officer." Councilmember McCann stated he believed that as a general rule, as a Council, and as voters, faith has been put into the Mayorship, the ability to preside over meetings with discretion, whether written into the ordinance or not. ACTION: Councilmember Ramirez moved to add language giving the Mayor discretion to grant additional time to speakers during public comments and to allow speakers to share time; and that the Council request speakers to indicate whether or not they are Chula Vista residents. Mayor Cox suggested including the phrase "unless further time is granted by the presiding officer" in the oral communications section regarding the three minutes, and requested that the City Attorney come up with language to request that speakers provide their city of residence. Councilmember Castaneda pointed out that Councilmember Ramirez had previously made the motion, and Mayor Cox stated that, with his concurrence, she would credit authorship of this motion to Councilmember Ramirez. Councilmember Ramirez accepted. Councilmember Castaneda seconded the motion, and it carried 5-0. 9. COUNCIL COMMENTS Deputy Mayor Rindone spoke of the recent loss of a major community leader, Ms. Diane Carpenter, and requested adjournment of the Council meeting in her memory. Councilmember Castaneda expressed heartfelt thoughts to the Carpenter family. He then expressed continued interest in exploring possibilities to locate a Charger facility in Chula Vista. A. Councilmember Ramirez Consideration of support of the appointment of Councilmember Castaneda to the California Coastal Commission. Councilmember Ramirez stated he wished to withdraw this item from the agenda. He also offered his condolences to the Carpenter family and requested information as to when the services would be held. Deputy Mayor Rindone stated that the services would be held at 3:00 p.m. on Friday, January 19, at the Bayview Baptist Church, located at the corner of 61'1 and Benson. He also said he planned to bring forward a proclamation next Tuesday for presentation to the Carpenter family. Page 8 - Council Minutes htto://www.chulavistaca.IWV January 16, 2007 OTHER BUSINESS (Continued) Councilmember Ramirez mentioned that he had attended the League of California Cities' training for new Councilmembers and had a lot of ideas and thoughts about what needed to be done, including putting together a Council workshop to discuss procedures, as well as use of flexibility and discretion on the order agenda items are taken, should there be large groups of people wishing to speak. Councilmember McCann asked to assist Deputy Mayor Rindone in the presentation of the proclamation to the Carpenter family. Mayor Cox stated that there would be a Chargers relocation subcommittee meeting on January 17 at 6:00 p.m. in the main conference room of City Hall. At 10:48 p.m., Mayor Cox recessed the meeting to the adjourned regular meeting of the City Council and special meeting of the Public Financing Authority. At II :04 p.m., Mayor Cox reconvened the Council meeting, with all members present, and recessed to Closed Session. CLOSED SESSION 10. CONFERENCE WITH LEGAL COUNSEL REGARDING ANTICIPATED LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(c) . One case No reportable action was taken. ADJOURNMENT At II :45 p.m., Mayor Cox adjourned the meeting in memory of Diane Carpenter to an adjourned regular meeting on January 18, 2007, at 4:00 p.m., and thence to the regular meeting on January 23,2007, at 6:00 p.m. in the Council Chambers. d\~L~ Lori Anne Peoples, MMC, Senior Deputy City Clerk Page 9 - Council Agenda htto:llwww.chulavistaca.gov January 16, 2007