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Home My WebLink Aboutcc min 2007/09/11 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA September I I, 2007 6:00 P.M. A Regular Meeting of the City Council of the City of Chula Vista was called to order at 6:02 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Councilmembers: Castaneda, McCann and Mayor Cox ABSENT: Councilmembers: Ramirez (excused), Rindone (excused) ALSO PRESENT: City Manager Garcia, 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 . INTRODUCTION BY FIRE CHIEF PERRY, OF EMPLOYEE OF THE MONTH, ALICIA HERNANDEZ, ADMINISTRATIVE SECRETARY Mayor Cox read the proclamation, and Councilmember McCann presented it to Ms. Hernandez. Councilmember Castaneda congratulated Ms. Hernandez on her exemplary service, and also recognized all the honorees at the Fire Department's recent awards ceremony. . OATHS OF OFFICE Duane Bazzel, Growth Management Oversight Commission Stan Canaris, Growth Management Oversight Commission Bertha Lopez, International Friendship Commission Guy Chambers, Parks and Recreation Commission Israel Garza, Parks and Recreation Commission City Clerk Bigelow administered the oaths of office to Duane Bazzel, Bertha Lopez, Guy Chambers, and Israel Garza; and Councilmember McCann presented them with certificates of appointment. Mr. Canaris was not present at the meeting. . PRESENTATION BY MAYOR COX OF A PROCLAMATION TO FIRE CHIEF PERRY AND POLICE CHIEF EMERSON PROCLAIMING SEPTEMBER II, 2007 AS NATIONAL PATRIOT DAY, A CITYWIDE DAY OF HONOR AND SUPPORT Mayor Cox read the proclamation in recognition of those whose lives were lost and the search and rescue efforts of the September 11,2001 tragedy. Mayor Cox and Councilmembers McCann and Castaneda then presented the proclamation to Fire Chief Perry and Police Chief Emerson. SPECIAL ORDERS OF THE DAY (Continued) · PRESENTATION BY BRENDAN REED AND ROMAN PARTIDA-LOPEZ ON THE CITY'S NATURES CAPE PROGRAM WHICH PROMOTES NATURE-FRIENDLY LANDSCAPING AND GARDENING IN THE COMMUNITY Environmental Resource Manager Reed presented the new community-based program that promotes nature-friendly landscaping and gardening. . PRESENTATION BY LYNN FRANCE, ENVIRONMENTAL SERVICES MANAGER, OF THE BEAUTIFY CHULA VISTA PROGRAM Environmental Services Manager France made a presentation about the program. Morgan Justice-Black, representing I Love a Clean San Diego, explained the process for online registration. The event will be held on October 6,2007, trom 8:00 a.m. to noon, at Harborside Park, 670 Oxford Street. CONSENT CALENDAR (Items I through 5) I. WRITTEN COMMUNICATIONS A. Memorandum from Councilmember Rudy Ramirez, requesting an excused absence from the City Council Meeting of September 11,2007. Staff recommendation: Council excuse the absence. B. Letter of resignation from Nancy Batterman, member of the Housing Advisory Commission. Staff recommendation: Council accept the resignation and direct the City Clerk to post the vacancy in accordance with Maddy Act requirements. C. Letter of resignation from Guy Chambers, member of the Board of Ethics, effective September 20,2007. Staff recommendation: Council accept the resignation and direct the City Clerk to post the vacancy in accordance with Maddy Act requirements. 2. ORDINANCE NO. 3081, ORDINANCE OF THE CITY OF CHULA VISTA AMENDING THE ZONING MAPS ESTABLISHED BY MUNICIPAL CODE SECTION 19.18.010 BY REZONING A ONE ACRE PARCEL LOCATED AT 696 NAPLES STREET FROM R-3 P-9, APARTMENT RESIDENTIAL, PRECISE PLAN, NINE DWELLING UNITS PER ACRE, TO ILP, LIMITED INDUSTRIAL, PRECISE PLAN, AND ADOPTING PRECISE PLAN STANDARDS (SECOND READING) Adoption of the ordinance modifies the zone designation and adopts a Precise Plan Development Standard, making the current land use conform with the industrial land use designation and policies of the General Plan. This ordinance was introQuced at the Council meeting of August 14, 2007. (Planning and Building Director) Staff recommendation: Council adopt the ordinance. Page 2 - Council Minutes September 11, 2007 CONSENT CALENDAR (Continued) 3. RESOLUTION NO. 2007-228, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE SECOND AMENDMENT TO AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND NBS GOVERNMENT FINANCE GROUP, DBA NBS, FOR SPECIAL TAX CONSULTANT SERVICES FOR THE FORMATION OF AN INFRASTRUCTURE FINANCING COMMUNITY FACILITIES DISTRICT WITHIN OTA Y RANCH VILLAGE TWO PURSUANT TO THE MELLO-ROOS COMMUNITY FACILITIES ACT OF ] 982, AND AUTHORIZING THE MAYOR TO EXECUTE THE AMENDMENT Adoption of the resolution approves an amendment to an agreement with NBS, the City's special tax district administrators, to include the formation of an infrastructure community facility district within Otay Ranch Village Two, pursuant to the Mello-Roos Community Faci]ities Act of ] 982. (Engineering and Genera] Services Director) Staff recommendation: Council adopt the resolution. 4. RESOLUTION NO. 2007-229, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FINAL "B" MAP OF CHULA VISTA TRACT NO. 05-]6, OTAY RANCH VILLAGE 6 MARQUIS UNIT ], PLANNING AREA MU-2, APPROVING THE ASSOCIATED SUBDIVISION IMPROVEMENT AGREEMENT FOR THE COMPLETION OF THE IMPROVEMENTS; APPROVING THE ASSOCIA TED SUPPLEMENTAL SUBDlV]SION IMPROVEMENT AGREEMENT, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENTS Adoption of the resolution approves the Planning Area MU-2 final map within Otay Ranch Village 6 by Otay Ranch Fourteen, LLC, a Delaware limited liability company. (Engineering and Genera] Services Director) Staff recommendation: Council adopt the resolution. 5. RESOLUTION NO. 2007-230, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND RBF CONSULTING FOR THE PROVISION OF CIVIL ENGINEERING AND SPECIAL INSPECTION SERVICES FOR THE EASTLAKE P ARKW A Y SEWER CONNECTION PROJECT (KY-709) AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY Approximately 350 lineal feet of ]2" sewer pipe needs to be installed by means of tunneling under several large-diameter water aqueducts and other utilities. Due to the complexity of this construction method and the sensitivity of the adjacent utilities, it is necessary that the City hire a highly qualified consultant to provide design plans, construction specifications, cost estimates (PS&E) and special inspection services required to facilitate the proper installation of the sewer pipeline. (Engineering and General Servi ces Director) Staff recommendation: Council adopt the resolution. ACTION: Counci]member Castaneda moved to approve staffs recommendations and offered the Consent Calendar, headings read, texts waived. Counci]member McCann seconded the motion, and it carried 3-0. Page 3 - Council Minutes September 11, 2007 ITEMS REMOVED FROM THE CONSENT CALENDAR There were none. PUBLIC COMMENTS Parks Pemberton spoke about the groups that seemed to be jockeying for a position regarding the proposed Gaylord project on the bayfront and stated that perhaps it might be time to move on. He further stated that the City needed to stand up for its blue-collared workforce. PUBLIC HEARINGS 6. CONSIDERATION OF THE FORMATION OF ASSESSMENT DISTRICT NO. 2007-1 (FIRST AVENUE) Residential properties along First A venue, between Naples Street and Palomar Street, are currently without curbs, gutters, or sidewalks. Fifty of the 59 property owners have signed a petition requesting that special assessment district proceedings be commenced for the purpose of financing the construction of these improvements. Staff completed the preliminary design and cost estimates for the project. The Council previously adopted resolutions that accepted the petition, approved the proposed boundary map and preliminary assessment engineer's report, set a public hearing, and ordered the initiation of ballot proceedings. Adoption of the resolution declares the results of the assessment ballot tabulation, makes findings, and orders the construction of improvements. (Engineering and General Services 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. At 6:40 p.m., Mayor Cox announced that the item would be trailed until the City Clerk completed the ballot tabulation. At 7:00 p.m., consideration of Item 6 resumed. Engineering and General Services Director Griffin reported that the City received 37 ballots for the 61 parcels, 31 votes in favor and 6 votes opposed. The 31 votes in favor represented only 40 percent of the weighted votes; therefore, the election failed, and the assessment district could not be formed. He recommended that the Council take no further action on the item but direct staff to schedule the certification of the results of this election at a future meeting and explore whether or not a second election would be warranted. The Council concurred with the recommendation. 7. CONSIDERATION OF WAIVING MINOR IRREGULARITY ON THE BID RECEIVED FOR THE "EUCALYPTUS PARK SECURITY LIGHTING (CIP NO. PR- 288)" PROJECT PER CITY CHARTER SECTION 1009 Page 4 - Council Minutes September 11, 2007 PUBLIC HEARINGS (Continued) On July 25, 2007, the General Services Director received five sealed bids for the Eucalyptus Park security lighting project (PR-288) in Eucalyptus Park at Fourth Avenue and C Street. (Engineering and General Services 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 were no members of the public who wished to speak. ACTION: Councilmember Castaneda moved to continue the hearing to the meeting of September 18, 2007. Councilmember McCann seconded the motion, and it carried 3-0. OTHER BUSINESS 8. CITY MANAGER'S REPORTS City Manager Garcia announced that Deputy Mayor Rindone was absent from the meeting on personal business, and Councilmember Ramirez was absent due to City business in Indiana. 9. MAYOR'S REPORTS Mayor Cox announced that the Citizens' Leadership Academy received 60+ applications for 30 spots and would start a week from Wednesday. She stated that a second academy was proposed to be offered in the spring. 10. COUNCIL COMMENTS Councilmember McCann congratulated the Fire Department on its recent awards ceremony, and then congratulated all the award recipients. At 6:42 p.m., Mayor Cox recessed the meeting. It reconvened at 7:00 p.m., with all members present. Item 6, which had been previously trailed, was actually heard at this time. At 7:03 p.m., Mayor Cox recessed the Council to Closed Session. CLOSED SESSION II. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b) Three cases Two cases were discussed, and no reportable action was taken. Page 5 - Council Minutes September 11, 2007 ADJOURNMENT At 7:35 p.m., Mayor Cox adjourned the meeting to the Regular Meeting of September 18, 2007, at 6:00 p.m. in the Council Chambers. -----------~ --.../ ----- Lorraine Bennett, CMC, Deputy City Clerk Page 6 - Council Minutes September I I, 2007 _ ______ _ _ __u___ ,______ __ , _ _ J