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HomeMy WebLinkAboutcc min 2007/02/13 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA February 13,2007 6:00 P.M. A regular meeting ofthe City Council of the City of Chula Vista was called to order at 6:0 I p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Councilmembers: Castaneda, Ramirez, Rindone, and Mayor Cox ABSENT: Councilmembers: McCann (excused) ALSO PRESENT: Interim City Manager Thomson, City Attorney Moore, City Clerk Bigelow, and Deputy City Clerk Bennett PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE Deputy Mayor Rindone led the pledge in honor of the country's servicemen and servicewomen, who have made a difference. SPECIAL ORDERS OF THE DAY . OATHS OF OFFICE David Turner, Board of Appeals and Advisors Ann Tucker, Commission on Aging Jesse Navarro, Safety Commission City Clerk Bigelow administered the oaths of office to David Turner and Jesse Navarro, and Deputy Mayor Rindone presented them with certificates of appointment. Ms. Tucker was not present at the meeting, as she was administered her oath of office on a prior date. . PRESENTATION OF A PROCLAMATION BY MAYOR COX TO DEB! SCHWARZ, REPRESENTING GOODRICH AEROSTRUCTURES EMPLOYEES, RECOGNIZING THEIR CONTRIBUTIONS TO THE CHULA VISTA CARES PROGRAM Mayor Cox read the proclamation, and Deputy Mayor Rindone presented it to Debi Schwarz. . DID YOU KNOW...THAT THE ENTERPRISE GIS - IS THE INFORMATION HUB FOR OUR CITY? Presented by Tom McDowell, Applications Support Manager, and Bob Blackwelder, Lead Program Analyst Tom McDowell gave a presentation on the Enterprise GIS Information Hub for the City of Chula Vista; and Bob Blackwelder demonstrated the Chula Vista Mapper application. CONSENT CALENDAR (Items I through 3) 1. A. RESOLUTION NO. 2007-040, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING CLOSURE OF THIRD AVENUE FROM "E" STREET TO "G" STREET FOR THE CINCO DE MAYO CELEBRATION ON APRIL 29, 2007 FROM 4:00 A.M. TO 10:00 P.M., WAIVING PROHIBITION ON SIDEWALK SALES, AND WAIVING BUSINESS LICENSE TAXES FOR THIRD AVENUE VILLAGE ASSOCIATION AND VENDORS PARTICIPATING IN THE EVENT 1. B. RESOLUTION NO. 2007-041, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING CLOSURE OF THIRD AVENUE FROM "E" STREET TO "H" STREET FOR THE CHULA VISTA LEMON FESTIVAL ON AUGUST 12, 2007 FROM 4:00 A.M. TO 10:00 P.M., WAIVING PROHIBITION ON SIDEWALK SALES, AND WAIVING BUSINESS LICENSE TAXES FOR THIRD AVENUE VILLAGE ASSOCIATION AND VENDORS PARTICIPATING IN THE EVENT 1. C. RESOLUTION NO. 2007-042, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING CLOSURE OF THIRD A VENUE FROM "D" STREET TO "I" STREET AND "H" STREET BETWEEN SECOND AND FOURTH AVENUE, AND PORTIONS OF INTERSECTING STREETS FOR THE ANNUAL STARLIGHT PARADE ON DECEMBER 1,2007 FROM 1:00 P.M. TO 10:00 P.M., AND WAIVING PROHIBITION ON SIDEWALK SALES, AND WAIVING BUSINESS LICENSE TAXES FOR THIRD AVENUE VILLAGE ASSOCIATION AND VENDORS PARTICIPATING IN THE EVENT 1. D. RESOLUTION NO. 2007-043, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE THIRD A VENUE VILLAGE ASSOCIATION FOR SPECIAL EVENTS FOR 2007 AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT The Third A venue Village Association (T A V A) requested the closures of Third Avenue and other various streets for annual special events in 2007. (Communications Director) Staff recommendation: Council adopt the resolutions. 2. A. ORDINANCE OF THE CITY OF CHULA VISTA ESTABLISHING A FOUR-HOUR PARKING LIMIT ALONG LAZO COURT AND UPDATING SCHEDULE VI OF THE REGISTER MAINTAINED IN THE OFFICE OF THE CITY ENGINEER TO INCLUDE THIS TIME-LIMITED PARKING ZONE (FIRST READING) 2. B. ORDINANCE OF THE CITY OF CHULA VISTA PROHIBITING PARKING ALONG LAZO COURT FROM 2:00 AM TO 6:00 AM AND UPDATING SCHEDULE IV OF THE REGISTER MAINTAINED IN THE OFFICE OF THE CITY ENGINEER TO INCLUDE THIS PARKING RESTRICTION ZONE (FIRST READING) Page 2 - Council Minutes htto:llwww.chulavistaca.gov February 13, 2007 CONSENT CALENDAR (Continued) Staff received requests to establish time-limited parking zones from business owners concerned with the on-street parking of heavy trucks along Lazo Court. Adoption of the ordinances establishes four-hour parking and the posting of "No Parking 2:00 A.M. to 6:00 A.M." signs along Lazo Court. (City Engineer) Staff recommendation: Council place the ordinances on first reading. 3. A. ORDINANCE OF THE CITY OF CHULA VISTA ESTABLISHING THE SPEED LIMIT ON FIRST AVENUE BETWEEN PALOMAR STREET AND QUINTARD STREET AT 25 MPH (FIRST READING) 3. B. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING THE SPEED LIMIT ON FIRST AVENUE BETWEEN QUINTARD STREET AND THE SOUTHERN TERMINUS OF FIRST AVENUE AT 25 MPH (FIRST READING) Based on provisions of the California Vehicle Code, pursuant to authority under the Chula Vista Municipal Code, and in accordance with speed surveys conducted, a speed limit of 25 mph should be established and posted at these locations. (Engineering Director) Staff recommendation: Council place the ordinances on first reading. ACTION: Councilmember Castaneda moved to approve staffs recommendations and offered the Consent Calendar, headings read, texts waived. Deputy Mayor Rindone seconded the motion, and it carried 4-0. ITEMS REMOVED FROM THE CONSENT CALENDAR There were none. PUBLIC COMMENTS Joaquin Castro spoke with reference to property owned by Sergio Arevalo at 309 Valley Avenue, stating that the City's proposed project to widen Valley Street from 15 to 52 feet to service II homes was a misapplication of a City standard. He explained that Mr. Arevalo would face costs of about $35,000 to rebuild a garage on his property, as would other residents in the area who would want to upgrade their homes, due to new property line and setback requirements for the proposed street widening. He stated that staff informed him off the record that this project would not happen. He requested that the proposed project be waived, or alternatively, an alley be constructed if the City needed to beautify the area. Mayor Cox directed Interim City Manager Thomson to refer the concerns to staff and report back to Council on the matter. Sergio Arevalo, 309 V alley Avenue, informed the Council of a petition submitted to the City by affected property owners inquiring about the legitimacy and/or practicality of widening Valley Avenue. Page 3 - Council Agenda httD:l/www .chula vistaca. 2:0V February 13,2007 PUBLIC COMMENTS (Continued) Laura Hunter, representing the Environmental Health Coalition, said she attended a recent scoping session regarding alternatives to the Sunrise Powerlink. She stated that some of the alternatives discussed would have a heavy reliance on the LS Power proposal and other peakers and projects in Chula Vista. She believed that LS Power had not understood the message from the City about discussions on alternatives. She expressed concern about the window of opportunity for the public to address this matter, which closes on February 24, and she recommended that the Council send its message to the regulators, stating their intentions clearly and formally; take the matter off the table to focus on better alternatives; and get the California Public Utilities Commission process focused on something that is credible. Councilmember Ramirez thanked Ms. Hunter for bringing the matter forward, and expressed the importance of the Council subcommittee taking an official position for the City on the project. Peter Watry gave follow-up comments on discussions at last week's Chula Vista Redevelopment Corporation meeting, commenting that he believed that market conditions were what drove development. He also believed that Chula Vista's balanced growth between public and private facilities was largely due to threshold standards and growth management policies, and he was hopeful that the Council subcommittee would support balanced growth for the City. PUBLIC HEARINGS 4. PUBLIC HEARING TO CONSIDER THE ADOPTION OF AN ORDINANCE AMENDING ORDINANCE NO. 2892 RELATING TO PEDESTRIAN BRIDGE DEVELOPMENT IMPACT FEE AND AREA OF BENEFIT FOR OTAY RANCH VILLAGES ONE, FIVE, AND SIX TO INCLUDE VILLAGE TWO Adoption of the resolution accepts a report recommending an update to the Pedestrian Bridge Development Impact Fee, and adoption of the ordinance amends Pedestrian Bridge Ordinance No. 2892 to include Village Two to pay for its fair share of bridge improvements. The fee is payable at issuance of building permits. (Engineering 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 Cox opened the public hearing. There being no members of the public who wished to speak, Mayor Cox closed the public hearing. Deputy Mayor Rindone directed staff to provide an information memorandum to Council as to the timeline for the completion of the two bridges proposed for the eastern urban areas. ACTION: Councilmember Castaneda moved to adopt Resolution No. 2007-044 and place the ordinance on first reading, headings read, texts waived: PUBLIC HEARINGS (Continued) Page 4 - Council Minutes htto:llwww.chulavistaca.eov February 13, 2007 A. RESOLUTION NO. 2007-044, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING A REPORT PREPARED BY DEVELOPMENT PLANNING AND FINANCING GROUP RECOMMENDING AN UPDATE OF THE EXISTING PEDESTRIAN BRIDGE DEVELOPMENT IMPACT FEE AND AREA OF BENEFIT FOR OTAY RANCH VILLAGES ONE, FIVE, AND SIX TO INCLUDE VILLAGE TWO B. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING ORDINANCE NO. 2892 RELATING TO PEDESTRIAN BRIDGE DEVELOPMENT IMP ACT FEE AND AREA OF BENEFIT FOR OT A Y RANCH VILLAGES ONE, FIVE, AND SIX TO INCLUDE VILLAGE TWO TO PAY FOR PEDESTRIAN BRIDGE IMPROVEMENTS AS A CONDITION OF ISSUANCE OF BUILDING PERMITS (FIRST READING) Deputy Mayor Rindone seconded the motion and it carried 4-0. OTHER BUSINESS 5. CITY MANAGER'S REPORTS Interim City Manager Thomson provided an update on Deputy Mayor Rindone's referral regarding police response times as they pertained to People's Chevrolet. He stated that the Police Department had been in touch with People's Chevrolet, and the issue was not so much about response times as it was situations of fraudulent vehicle purchases and false credit application information. He stated that the Police Department was working with the District Attorney's office to ascertain whether the matter was civil or criminal, and would follow up with an informational memorandum to Council. 6. MAYOR'S REPORTS Mayor Cox spoke about her recent interview on a news show that included a question about what the City was going to do about the bayfront power plant. She stated that once the RMR (Reliability Must Run) was removed from the power plant or resource advocacy was determined, the plant would come down. In order to make her position positively clear, she stated that at the power plant subcommittee meeting on February 14,2007, she would be recommending that the lease currently held by LS Power not be renewed and that the City's representative on the Port Commission be asked to take the matter back to the Port Commission, with the knowledge that the recommendation from the subcommittee might well be to dedicate the City's efforts to the decommissioning and demolition of the existing power plant and to then cooperate with the various agencies in finding a power plant off the bayfront. Page 5 - Council Agenda htto:/ /www.chulavistaca.gov February 13,2007 7. COUNCIL COMMENTS Councilmember Castaneda stated that once the subcommittee has met, it would be his intention to get formal action by the Council on the City's position on the lease agreement. He then thanked City staff, particularly the Recreation and Public Works Departments, who worked collaboratively with volunteer surgeons representing the American Academy of Orthopedic Surgeons to build an accessible playground facility at Eucalyptus Park with funding from the Kaboom grant program. Mayor Cox recognized Council Aide Wagner for her participation in the Eucalyptus Park event. Mayor Cox added that each year, the American Academy of Orthopedic Surgeons dedicates one day of its convention to build a park in a community. Deputy Mayor Rindone asked staff to monitor the numerous potholes resulting from the recent rains, particularly on E Street from Third Avenue to Love's Restaurant. He believed there were paving defects in that area. Deputy Mayor Rindone also said he would express his views on the power plant at the upcoming workshop. Councilmember Ramirez stated that the City Manager deliberation process should be a more public process to assist the Council move in a direction that ensures the best possible outcome for the City. He then complimented Mayor Cox on her one-on-one meetings with various community leaders and Councilmembers to provide them the opportunity to address issues and for her to get to know the community. CLOSED SESSION 8. CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO SUBDIVISION (b) OF GOVERNMENT CODE SECTION 54956.9 . Three cases No reportable action was taken on these items. 9. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) · Get Outdoors II, L.L.C. v. City of Chula Vista (Ninth Circuit Court of Appeals No. 05-56696) No reportable action was taken on this item. ADJOURNMENT At 8:55 p.m., Mayor Cox adjourned the meeting to the regular meeting of February 20, 2007 at 6:00 p.m. in the Council Chambers. ~bUiJ=k~ Susan Bigelow, MMC, City Clerk Page 6 - Council Minutes htto:! /www.chulavistaca.IWV February 13,2007