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HomeMy WebLinkAboutcc min 2007/04/24 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA April 24, 2007 6:00 P.M. A regular meeting of the City Council of the City of Chula Vista was called to order at 6:07 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, City Clerk Bigelow, and Deputy City Clerk Bennett PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY . PRESENTATION BY MAYOR COX OF A PROCLAMATION TO LYNN FRANCE, CONSERVATION COORDINATOR, AND BRENDAN REED, ENVIRONMENTAL RESOURCE MANAGER, PROCLAIMING THE WEEK OF APRIL 21 THROUGH APRIL 28, 2007 AS "EARTH WEEK" IN THE CITY OF CHULA VISTA Mayor Cox read the proclamation, and Deputy Mayor Rindone presented it to Lynn France and Brendan Reed. . DID YOU KNOW...ABOUT THE RECREATION DEPARTMENT'S MOBILE RECREATION PROGRAM? Presented by Rosemary Brodbeck, Recreation Supervisor II. Recreation Supervisor Rosemary Brodbeck presented the Mobile Recreation Program. CONSENT CALENDAR (Items I through 4) Mayor Cox announced that Item 3 was removed from the agenda at the request of staff for consideration at a later date. Item 2 was removed from the Consent Calendar at the request of Council for discussion. 1. ORDINANCE NO. 3065, ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTION 2.05.010 RELATING TO THE ESTABLISHMENT OF UNCLASSIFIED POSITIONS (SECOND READING) CONSENT CALENDAR (Continued) The California Border Alliance Group (CBAG) requested the addition of two new positions, CBAG Microcomputer Specialist and CBAG Lead Programmer Analyst; and the addition of an additional CBAG Program Manager. All positions would be fully funded through the Southwest High Intensity Drug Trafficking Area, with an additional 3% administrative fee paid to the City for payroll and benefits administration. First reading of this ordinance was held on April 17, 2007. (Police Chief) Staff recommendation: Council adopt ordinance. 2. This item was pulled for discussion by Council. 3. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CERTIFYING THE COMMITMENT OF MATCHING FUNDS FROM THE A V AILABLE BALANCE OF THE TRAFFIC SIGNAL FUND SHOULD A GRANT BE A WARDED FROM THE HIGHWAY SAFETY IMPROVEMENT PROGRAM TO ENHANCE TRAFFIC SIGNAL AND PEDESTRIAN FACILITIES AT MAJOR INTERSECTIONS As part of a Citywide assessment program, 31 street intersections were identified for significant improvements. The City proposes to apply for grant funding from the Highway Safety Improvement Program (HSIP), matched with Traffic Signal Fees, to fund a project to improve safety and traffic flow at those intersections. (Acting Assistant City Manager/City Engineer) Staff recommendation: Remove from the agenda for consideration at a later date. 4. A. RESOLUTION NO. 2007-094, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA RATIFYING THE SUBMITTAL OF A FUNDING REQUEST APPLICATION AND AUTHORIZING AND EMPOWERING THE CITY MANAGER OR DESIGNEE TO EXECUTE ALL DOCUMENTS NECESSARY TO SECURE THE 2007/2008 AWARD OF $59,379 FROM THE CALIFORNIA DEPARTMENT OF CONSERVATION, DIVISION OF RECYCLING - CITY AND COUNTY PAYMENT PROGRAM FUND FOR BEVERAGE CONTAINER RECYCLING PROGRAMS AND LITTER REDUCTION PROGRAM ACTIVITIES B. RESOLUTION NO. 2007-095, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING ANNUAL APPLICATION SUBMITTALS TO THE CALIFORNIA DEPARTMENT OF CONSERVATION, DIVISION OF RECYCLING, FOR ALL AVAILABLE FUNDING UNDER THE BEVERAGE CONTAINER AND LITTER REDUCTION ACT - CITY AND COUNTY PAYMENT PROGRAM AND TO EXECUTE ALL NECESSARY DOCUMENTS IN CONJUNCTION WITH THE APPLICATION AND AWARD OF FUNDS THROUGH JUNE 30, 2012 Page 2 - Council Agenda httn ://www.chulavistaca.2:QV April 24, 2007 ____--.J CONSENT CALENDAR (Continued) Annually, the California Department of Conservation, Division of Recycling (DOR) distributes $10.5 million to eligible cities and counties specifically for beverage container recycling and litter clean up activities. The goal of the DOR' s beverage container recycling program is to reach and maintain an 80 percent recycling rate. Chula Vista is eligible to receive $59,379 for 2007/2008. Adoption of the resolutions approves funding request submittals and all other necessary documents. (General Services Director) Staff recommendation: Council adopt the resolutions. ACTION: Deputy Mayor Rindone moved to approve Consent Items I and 4, headings read, texts waived. Councilmember McCann seconded the motion, and it carried 5-0. ITEMS REMOVED FROM THE CONSENT CALENDAR 2. A. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING TITLE 17 OF THE CHULA VISTA MUNICIPAL CODE BY AMENDING SECTIONS 17.24.040 THROUGH 17.24.050, AND ADDING SECTION 17.24.060 REGARDING NOISY AND DISORDERLY CONDUCT (SECOND READING) B. ORDINANCE NO. 3066, ORDINANCE OF THE CITY OF CHULA VISTA AMENDING TITLE 9 OF THE CHULA VISTA MUNICIPAL CODE BY ADDING CHAPTER 9.14, SECTIONS 9.14.010 THROUGH 9.14.070 RELATING TO MAKING IT UNLAWFUL FOR MINORS TO CONSUME ALCOHOLIC BEVERAGES, AND FOR PERSONS TO HOST, PERMIT, OR ALLOW GATHERINGS WHERE MINORS ARE CONSUMING ALCOHOL BEVERAGES (SECOND READING) Loud party calls to the police from citizens have increased steadily as the City has grown. Chula Vista's current municipal code dealing with noisy and disorderly conduct does not provide officers with the necessary tools, citations, and cost recovery to deal with this growing problem. Additionally, the most frequent sources of alcohol for college students and adolescents include family members, friends, adult purchasers, and parties. Social host liability laws send a clear message that adults have a responsibility in the way they manage their homes or other premises under their control to prevent underage drinking parties and their consequences. Amending Titles 9 and 17 of the Chula Vista Municipal Code by adopting these ordinances would assist the Police Department and City staff with enforcement. First reading of these ordinances were held on April 17, 2007. (Police Chief) Staff recommendation: Council adopt the ordinances. Mayor Cox explained that Item 2 was pulled to further discuss the hours of enforcement. Jack Blakely, representing the Third Avenue Village Association, encouraged the Council to consider providing more flexibility to accommodate hours of operation of commercial establishments. Page 3 - Council Minutes http://www.chulavistaca.flOY April 24, 2007 ITEMS REMOVED FROM THE CONSENT CALENDAR (Continued) Deputy City Attorney Dawson offered the following options for Council consideration: I) apply the ordinance to residential zones only; 2) enforce different times for residential and commercial; or 3) exempt businesses or activities with permits. Following Council discussion, Councilmember Ramirez requested that Items 2A and 2B be bifurcated. ACTION: Councilmember Ramirez then moved to adopt Item 2B, Ordinance No. 3066, heading read, text waived. Deputy Mayor Rindone seconded the motion, and it carried 5-0. Councilmembers discussed varying enforcement times. Lisa Cohen, representing the Chula Vista Chamber of Commerce, spoke in support of separating residential and commercial and keeping the enforcement time for commercial at 12:00 a.m. ACTION: Councilmember Rindone moved to place the ordinance listed under Item 2A on first reading, heading read, text waived, with subsection DI of Municipal Code Section 17.24.040 to read as follows: "The operation of sound production or reproduction device, radio receiving set, musical instrument, drum, phonograph, television set, machine, loud speaker and sound amplifier or similar machine or device in a residential zone between the hours of II :00 p.m. and 8:00 a.m. in a manner as to be plainly audible at a distance of fifty (50) feet from the building, structure, vehicle, or premises in which it is located." Councilmember Castaneda seconded the motion, and it carried 5-0. PUBLIC COMMENTS Gabriela Parra, a resident of Yuma, Arizona, spoke about her grandson who was killed by a drunk driver in May 2005. She expressed concern about the upcoming Cinco de Mayo celebration and its association with drinking and driving. She reminded everyone to feel the pain of those who have lost loved ones before considering drinking and driving. Sunshine Horton, a resident of EI Cajon and one of a group of grandmothers representing an organization called Sober Designated Drivers, expressed concern about Corona billboards that promote drinking and driving. She asked people to think before they drink, and to celebrate the true meaning of Cinco de Mayo, that being Batalla de Puebla. Steve Molski spoke regarding the importance of living with integrity and honesty. He encouraged the Council to be mindful that over 20,000 people voted on the height limits initiative, it was the will of the people, and they cannot all be wrong. Jack Blakely, representing TA V A, invited everyone to attend the Cinco de Mayo celebration on April 29, 2007 in downtown Chula Vista. He stated that the event would include live entertainment, a kids' fun zone, a beer garden, food booths, and free admission. Melanie Stuart recognized the Mayor and Council for proclaiming this week as Earth Week in Chula Vista. Page 4 - Council Agenda http://www.chulavistaca.gov April 24, 2007 ___...__.___.___u__----l ACTION ITEMS 5. CONSIDERATION OF RESOLUTION OF APPOINTMENT FOR DAVID R. GARCIA AS CITY MANAGER AND APPROVAL OF TERMS AND CONDITIONS OF HIS EMPLOYMENT AGREEMENT In the summer of 2006, the City Council contracted with Bob Murray and Associates to conduct an executive search for a City Manager. Mr. Murray conducted an extensive nationwide search based on the criteria established by the City Council. On April ] 7, 2007, the City Council voted in closed session to appoint David R. Garcia to the position. Adoption of the following resolution formalizes the appointment, and establishes the terms and conditions of the employment agreement between the City Council and Mr. Garcia. ACTION: Mayor Cox moved to adopt Resolution No. 2007-096, heading read text waived: RESOLUTION NO. 2007-096, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPOINTING DAVID R. GARCIA AS CITY MANAGER AND APPROVING TERMS AND CONDITIONS OF HIS EMPLOYMENT AGREEMENT Councilmember McCann seconded the motion, and it carried 5-0. Councilmember Ramirez asked the Council to schedule a public discussion on the code of conduct they would exhibit with the new City Manager and about the important principles behind the strong City Manager form of government. Mayor Cox suggested that Councilmember Ramirez place the request on a future agenda. 6. CONSIDERATION OF ADOPTION OF ORDINANCES AMENDING CHULA VISTA MUNICIPAL CODE CHAPTER ]9.07 - SPECIFIC PLANS AND ]9.80 - CONTROLLED RESIDENTIAL DEVELOPMENT (SECOND READINGS) The proposed amendment to Chula Vista Municipal Code ]9.07 adds provisions to further clarify required content for local specific plans, including a program indicating how needed facilities and services would be provided and financed and establishes new findings. In addition, the proposed amendment to Chula Vista Municipal Code] 9.80 provides that areas zoned or proposed to be rezoned as part of a specific plan would be deemed in compliance with the Controlled Residential Development Ordinances zoning provisions provided it conforms to Chula Vista Municipal Code Chapter ]9.07. These ordinances were given first reading at the April ] 2, 2007 Chula Vista Redevelopment Corporation/City Council meeting, and Council amendments approved at that meeting have been incorporated herein. (Acting Assistant City Manager/City Engineer) A. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE CHAPTER 19.07 - SPECIFIC PLANS (SECOND READING) B. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE CHAPTER ]9.80 CONTROLLED RESIDENTIAL DEVELOPMENT (SECOND READING) Page 5 - Council Minutes nttu://www.chulavlstaca.2:0V April 24, 2007 ACTION ITEMS (Continued) Richie Macias stated that the median income in western Chula Vista had dropped to the lowest in the state, and that most complaints by the community involved the condition of City streets and sidewalks that rely on development fees for repairs. He stated that the Cummings Act needed to be amended to attract more development, and reminded everyone that the vote taken by the Council would affect both current and future citizens of the City. Jack Blakely, representing T A V A, spoke in support of staff recommendations or analyzing the matter further. Lisa Cohen, representing the Chula Vista Chamber of Commerce, spoke in support of staff recommendations. Charles Moore, representing the Chula Vista Chamber of Commerce, spoke in favor of further review and amendments by the Council. John Lemmo suggested that the code mirror more closely the anti-degradation language of the Cummings ordinance, rather than just refer to mitigation, which is commonly used in development today. With reference to the upcoming hearing regarding the Urban Core Specific Plan, he referenced attachment 7 of the staff report, the Flexibility Development Exception, stating that this would essentially allow the City to make an exception to just about anything in the Specific Plan. Therefore, from a Cummings slow-growth perspective, it would mean that any growth restrictions that had been in place were no longer in place. He asked the Council to be aware of such a potentially large loophole exception in the Specific Plan. Patricia Aguilar, representing Crossroads II, spoke in support of the Mayor's suggestion that both items be referred back to staff for discussion and review. Additionally, she thanked Councilmember Ramirez and City staff for hosting a recent community meeting to discuss the Cummings Initiative, stating that the session was very positive and would serve the community well in the future. Parks Pemberton stated that he would like the Council to figure out a way for the Cummings Initiative to drive the Urban Core, instead of the Urban Core trying to swallow up what the community sees as a protective device. Further, he stated that many community members fear TA V A's association with new development; when high-rises go up, existing businesses will not be able to afford rents and do business in Chula Vista, and it was not good for people to be closed out of the democratic process. He asked Councilmember McCann to vote with the people and to represent them rather than developers. Ken Wright, representing the Northwest Civic Association, thanked Councilmember Ramirez and City staff for hosting the recent community workshop to discuss issues regarding the Cummings Initiative. He opined that changes in the Specific Plan do not get to the heart of the Cummings Initiative, which is to prevent the leapfrog zoning issue in residential neighborhoods without adding any specific language to address it. The association does not endorse changing the Cummings ordinance to allow all specific plans to be considered in compliance, and he encouraged the Council to add language to the ordinance that would require metered or timed zoning changes in Rl and R2 neighborhoods where such properties are being up-zoned in a manner that is not incremental. Further, he encouraged the Council to add more rigorous requirements to the proposed specific plan ordinance amendments, including defined trigger mechanisms to ensure implementation of the public facilities and the financial programs, and not to implement changes to the ordinance until a consensus is reached by the community. Page 6 - Council Agenda htto:l/www.chulavlstaca.llOV April 24, 2007 ACTION ITEMS (Continued) Teresa Acerro recommended that the item be sent back to staff for modifications. She concurred with the recommendations of the Northwest Civic Association, stating that it was important to seek other sources of income to address the backlog of maintenance in the City. She then thanked Councilmember Ramirez for hosting the recent community workshop meeting. Jackie Lancaster spoke in support of bringing the item back for further review. ACTION: Following Council comments, Deputy Mayor Rindone moved to refer Item 6B to staff to address specific residential zone jumps and to bring back Item 6A at the same time, ensuring clarity on the phasing scheduling, commonly known as triggers, and a facility program. Councilmember Castaneda seconded the motion, and it carried 5-0. Councilmember McCann stated that good redevelopment protects and strengthens neighborhoods. He suggested that a workshop be conducted on the matter and that a subcommittee be created prior to bringing the item back for Council consideration. It was the consensus of the Council to appoint Councilmembers Ramirez and McCann as members of the Cummings Initiative subcommittee. OTHER BUSINESS 7. CITY MANAGER'S REPORTS Interim City Manager Thomson recommended that the Council workshop of May 3 and the Council meeting of May 8, 2007, be cancelled. The Council concurred. 8. MAYOR'S REPORTS A. Ratification of the appointment of Rebecca Leister to the International Friendship Commission. ACTION: Mayor Cox moved to ratify the appointment of Rebecca Leister to the International Friendship Commission. Councilmember McCann seconded the motion, and it carried 5-0. 9. COUNCIL COMMENTS Mayor Cox announced that Item 9B would be discussed prior to Item 9A. A. Deputy Mayor Rindone SANDAG Transportation Committee Update. Deputy Mayor Rindone provided an update on a recent SANDAG Transportation Committee meeting regarding the 2007 Regional Transportation Plan draft revenue constraint and revenue scenario. He then shared some of the discussions that occurred at the meeting that were particularly beneficial to the South Bay. Page 7 - Council Minutes httD ://ww\\' .chula vistaca.2:OV April 24, 2007 COUNCIL COMMENTS (Continued) Councilmember McCann stated that he attended the opening of Olympian High School. He recognized the Planning and Building Department for its role in expediting the permit process and thanked the Growth Management Oversight Commission for its participation in the process. Councilmember Ramirez thanked his colleagues for their work on other local and regional issues. B. Councilmember Castaneda Request for consideration of support of SB451 (Kehoe) - Energy - Governmental Energy Producers Councilmember recommendation: Council support SB451. Councilmember Castaneda explained the benefits of Senate Bill 451 and asked for Council support of the bill. ACTION: Councilmember Castaneda moved to support SB451. Councilmember Ramirez seconded the motion, and it carried 5-0. At 8:21 p.m., Mayor Cox announced a recess. The meeting reconvened at 8:32 p.m. with all members present. Mayor Cox then recessed the meeting to the adjourned regular meeting of the City Council and special meeting of the Redevelopment Agency. The Council meeting reconvened at 10:34 p.m. with all members present. CLOSED SESSION 10. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b) Three cases One case was discussed, and no reportable action was taken. ADJOURNMENT At 12:00 a.m., Mayor Cox adjourned the meeting to an Adjourned Regular Meeting with the Chula Vista Redevelopment Corporation/Redevelopment Agency on April 26, 2007 at 6:00 p.m., and thence to the Regular Meeting of May 1,2007 at 4:00 p.m. in the Council Chambers. ~ Lorraine Bennett, CMC, Deputy City Clerk Page 8 - Council Agenda httn://www.chulavistaca.2:0V April 24, 2007 ~.~-~.--.~