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HomeMy WebLinkAboutcc min 2007/11/13 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA November 13, 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: City Manager Garcia, City Attorney Moore, City Clerk Bigelow, and Senior Deputy City Clerk Peoples PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE CONSENT CALENDAR (Items I through 6) I. WRITTEN COMMUNICATIONS Letter of resignation from Manny Ramirez, member of the International Friendship Commission effective November 16, 2007. Staff recommendation: Council accept the resignation and direct the City Clerk to post the vacancy in accordance with Maddy Act requirements. Mr. Ramirez thanked the Council for its appointment of him to the International Friendship Commission as well as those who he had worked closely with over the years. He stated he was moving to Cebu City, one of Chula Vista's Sister Cities, for two years and welcomed the Council to come visit him there. Councilmembers McCann and Ramirez thanked him for his years of service as the "official Chula Vista photographer" at civic events and for his volunteerism in many community activities. 2. ORDINANCE NO. 3086 - ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 2.52 OF THE CHULA VISTA MUNICIPAL CODE REGARDING CAMPAIGN CONTRIBUTIONS (SECOND READING AND ADOPTION) Adoption of the ordinance incorporates changes requested by the Council, which include revisions to correct prior ambiguities and clarify the intent of the ordinance. The ordinance was first introduced on November 6,2007. (City Attorney) Staffrecommendation: Council adopt the ordinance. CONSENT CALENDAR (continued) 3. RESOLUTION NO. 2007-265 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING INFORMAL BIDS AND AWARDING A CONTRACT FOR THE (LB-139) CIVIC CENTER LIBRARY FLOORING IMPROVEMENTS PROJECT TO VILLAGE CARPETS Adoption of the resolution accepts the informal bids and awards a contract for the Civic Center Library improvements to Village Carpets. (Engineering and General Services Director) Staff recommendation: Council adopt the resolution. 4. RESOLUTION NO. 2007-266 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA REJECTING BIDS FOR OTAY PARK RECREATION CENTER EXPANSION (CIP NO. PR-277) AND DIRECTING STAFF TO RE- ADVERTISE THE PROJECT On August 22, 2007, the Engineering and General Services Director received six (6) sealed bids for the project. Due to the contractors being non-responsive and with advise from the City Attorney's Office, staff recommends all bids be rejected and the project be re-advertised for new bids. (Engineering and General Services Director) Staff recommendation: Council adopt the resolution. 5. RESOLUTION NO. 2007-267 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING A CONTRACT FOR THE "TRAFFIC CALMING IMPROVEMENTS NAPLES STREET BY HARBORS IDE ELEMENTARY SCHOOL (TF-347)" PROJECT TO LEKOS ELECTRIC, INe. IN THE AMOUNT OF $80,640, AND AUTHORIZING THE EXPENDITURE OF ALL AVAILABLE FUNDS IN THE PROJECT On September 26,2007, the City Engineer received sealed bids for the project. The work proposed, aims to improve pedestrian safety at the mid-block crossing in front of Harborside Elementary and at the trolley track crossing west of the school, as well as slow down traffic traveling along Naples Street. (Engineering and General Services Director) . Staff recommendation: Council adopt the resolution. 6.A. ORDINANCE OF THE CITY OF CHULA VISTA ADDING CHAPTER 15.06, ADMINISTRATIVE PROVISIONS FOR THE TECHNICAL BUILDING CODES, TO THE CHULA VISTA MUNICIPAL CODE (FIRST READING) B. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.08 OF THE CHULA VISTA MUNICIPAL CODE ADOPTING THE CALIFORNIA BUILDING CODE, 2007 EDITION (FIRST READING) Page 2 - Council Minutes November 13, 2007 _ ._a.~---" CONSENT CALENDAR (continued) C. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.10 OF THE CHULA VISTA MUNICIPAL CODE ADOPTING THE CALIFORNIA REFERENCED STANDARDS CODE, 2007 EDITION (FIRST READING) D. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.16 OF THE CHULA VISTA MUNICIPAL CODE ADOPTING THE CALIFORNIA MECHANICAL CODE, 2007 EDITION (FIRST READING) E. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.24 OF THE CHULA VISTA MUNICIPAL CODE ADOPTING THE CALIFORNIA ELECTRICAL CODE, 2007 EDITION (FIRST READING) F. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.28 OF THE CHULA VISTA MUNICIPAL CODE ADOPTING THE CALIFORNIA PLUMBING CODE, 2007 EDITION (FIRST READING) G. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.36 OF THE CHULA VISTA MUNICIPAL CODE ADOPTING THE CALIFORNIA FIRE CODE, 2007 EDITION (FIRST READING) The State mandated local jurisdictions to start enforcing the various 2007 Editions of the California building codes on January I, 2008. Local adoption is a routine action taken by the City to incorporate local amendments. The ordinances adopt the various 2007 Editions of the California building codes, their administrative provisions and local amendments. (Planning and Building Director) Staff recommendation: Council hold first reading of the ordinances. ACTION: Deputy Mayor Rindone moved to approve staffs recommendations and offered the Consent Calendar, headings read, texts waived. Councilmember McCann seconded the motion, and it carried 5-0. ITEMS REMOVED FROM THE CONSENT CALENDAR There were none. PUBLIC COMMENTS Emerald Randolph, Director of CAST, the Chula Vista Fire Department's Citizens' Adversity Support Team, stated she and her volunteers had worked very closely with Chief Perry over the years and that he was one of the most genuine people she has ever worked for. She further stated that the CAST team had "CAST" a vote of support for the Chief, for all of the great things he had done for the City. Page 3 - Council Minutes November 13, 2007 PUBLIC HEARINGS Mayor Cox stated that Public Hearing Item 7 had been cancelled. 7. CONSIDERATION OF BAYVISTA (COMMERCIAL/RESIDENTIAL) PROJECT WALK MIXED-USE Olson Urban Housing, LLC (Applicant) has submitted applications requesting a zone change, precise plan, conditional use permit, design review, and a tentative map for development of a mixed-use project with 154 residential units and 5,000 to 10,000 square feet of commercial uses on a 4.89-acre site located at 765-795 Palomar Street, between Industrial Boulevard and Frontage Road in Southwest Chula Vista. The site has been vacant for several years and was used as a temporary site for the sale of pumpkins and Christmas Trees. (Planning and Building Director) Staff recommendation: Council cancel the public hearing. ACTION ITEMS Councilmember Castaneda stated that his residence was within the study area and he therefore would recuse himself from participation on the matter. He then left the Council Chambers. 8. CONSIDERATION OF ACCEPTANCE AND APPROVAL OF THE DOWNTOWN PARKING STUDY FINAL REPORT AND INTERIM ACTION PLAN AND ESTABLISHING NEW PARKING METER RATES AND AN OVERTIME PARKING FINE RATE Staff will present the significant findings and recommendations for improvements to the Downtown Parking District and the proposed Parking District Interim Action Plan. (Redevelopment Agency Executive Director) Senior Community Development Specialist Do presented the staff report and responded to questions from the Council. Mayor Cox confirmed that the proposed increases would be put into the parking fund in order to make the necessary repairs and equipment upgrades, and that the proposed parking plan had the support of the business community. She then expressed her only concern being with Item 11 of the Interim Action Plan pertaining to exclusive negotiating agreements, and whether or not the turning of a public parking lot into a community or residential development made sense. She then stated she was prepared to support a motion ifItem 11 truly meant maintaining Lots 3 and 6 as public parking. Deputy Mayor Rindone requested and received clarification that the recently increased parking fees in San Diego were significantly higher than what was being proposed for Chula Vista; that the new meter technology being looked at would include the accommodation of credit cards, coins and smart cards in parking lots, and coins and perhaps smart cards in other areas; and that the recent expansion of LaBella's allowed for an in-lieu fee that was currently being negotiated. Deputy Mayor Rindone requested a report back on the LaBella's in-lieu fee within 45 days. He also requested staff review the potential for the removal of parking meters as an option, along with escalating fines for repeat offenders, and inclusion of the Property Based Improvement District (PBID). Page 4 - Council Minutes November 13, 2007 , ___....J ACTION ITEMS (continued) Councilmember Ramirez requested consideration by his colleagues of language in the ordinance that would that would make the parking district self-sufficient; and requested and received clarification that the revenue generated in the district would be spent within the district; that staff would be reviewing the possibility of metering the Park Plaza parking structure, and taking a proactive approach in the neighborhoods who may be impacted by overflow parking, to make them aware that they have an opportunity to request residential parking permits. Mayor Cox inquired and Senior Community Development Specialist Do responded, that the Third Avenue Village Association had appointed block captains to work with staff on ways to implement the parking strategy, which would include encouraging employees to park in other locations including the Park Plaza parking structure, and confirmed that the success of funding the plans and improvements to parking lots and meters was dependent on implementation of the fees recommended. Mayor Cox then suggested that the fifth whereas in the ordinance be amended to include "and to approach economic self sufficiency within the downtown district" would get close to what Councilmember Ramirez was suggesting. Deputy City Attorney Miller stated the proposed additional wording would be sufficient to accomplish what Councilmember Ramirez was requesting. Councilmember McCann inquired as to whether the revenues generated by the parking district could be used for other things. Deputy City Attorney Miller stated that in-lieu fees would be restricted and could only be spent for the purpose for which they were collected. City Attorney Moore stated she would have to research the use of other fees collected and what they could be used for. Councilmember McCann then inquired and Senior Community Development Specialist Do responded that all fees previously received had been tracked and confirmed that they were expended only on parking related activities. Councilmember McCann expressed his opinion that everything comes down to managing the City assets and getting a return on the investment. Further, that he wanted to invigorate and have a vibrant Third Avenue; thought the meters on Third Avenue should be eliminated and replaced with 2 hour parking limits; that the proposal did not think outside of the box, and that the policy should go a different direction. He then suggested putting out an RFP to ACE and other professional parking management companies to see what they would come up with by looking at the bigger picture and providing better opportunities, including consideration of the possible sale of the parking lots turning them from a liability into an asset and creating an increase in revenue from tax increment that would not have to pay for maintenance. Greg Mattson, President of the Third Avenue Village Association, spoke in support of staffs recommendations. Deputy Mayor Rindone asked staff to review the idea of removing the meters on Third Avenue. Lisa Cohen, Chief Executive Officer of the Chula Vista Chamber of Commerce, stated her board supported the recommendations, although they had not yet taken a formal vote. ACTION: Deputy Mayor Rindone moved adoption of the resolution and placement on first reading of the ordinance, heading read, text waived, with clarification that the ENA's were specifically with reference to Lots 3 and 6, and the ordinance as amended to include the language proposed by the Mayor regarding self- sufficiency: Page 5 - Council Minutes November 13, 2007 ACTION ITEMS (continued) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING THE DOWNTOWN PARKING MANAGEMENT STUDY; APPROVING THE DOWNTOWN PARKING INTERIM ACTION PLAN; AND DIRECTING STAFF TO PREPARE A DOWNTOWN PARKING MANAGEMENT PLAN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTERS 10.56 AND 10.62 OF THE CHULA VISTA MUNICIPAL CODE, RELATED TO PARKING METER RATES AND OVERTIME PARKING FINES (4/5THS VOTE REQUIRED) (FIRST READING) Mayor Cox seconded the motion. The resolution passed and the ordinance failed 3-1-1 with Councilmember McCann voting no, and Councilmember Castaneda abstaining. Due to the ordinance failing, City Manager Garcia stated the resolution would not be enacted. OTHER BUSINESS 9. CITY MANAGER'S REPORTS City Manager Garcia spoke regarding a memorandum Council had received regarding support requested by the City of San Diego for their latest decision to pursue a renewed waiver of Secondary Treatment from the Environmental Protection Agency. A draft letter to be sent by the Mayor in support of their decision as requested of each of the 15 members of their wastewater treatment consortium had been included, and Council did not express any opposition to the Mayor sending a letter of support. 10. MAYOR'S REPORTS Mayor Cox asked that the City Clerk's evaluation be placed on the December 4th agenda, as she was taking the Golden Handshake and this would provide for an opportunity to speak with her. 11. COUNCIL COMMENTS Councilmember McCann thanked the VFW, the American Legion and the Fleet Reserve Association for putting on the Annual Veteran's Celebration, which he attended this past Sunday. Deputy Mayor Rindone also congratulated the Veteran's organizations for their efforts in honoring all of the fallen soldiers, those who had given the greatest sacrifice so all of us could enjoy the wonderful freedoms we have. CLOSED SESSION Mayor Cox convened Closed Session at 7:42 p.m. Page 6 - Council Minutes November 13, 2007 "., .--Iol CLOSED SESSION (continued) 12. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54957.6 . Agency designated representatives: Management Team . Employee organizations: CVEA, IAFF, POA, WCE, and Umepresented Groups No reportable action was taken. ] 3. CONFERENCE W]TH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b) . two cases No reportable action was taken. ]4. CONFERENCE WITH LEGAL COUNSEL REGARDING INITIATION OF LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(c) . one case This item was not discussed. ]5. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) Christian Morales v. City of Chula Vista, et al. United States District Court, Case No. 07CVO] 86JM (WMc); No reportable action was taken. Concerned Citizens of Chula Vista v. Kimco Realtv. et aI. San Diego Superior Court Case No. GIC 862773; No reportable action was taken. Jack Gechter v. City ofChula Vist!!, San Diego Superior Court Case No. GlS22609 No reportable action was taken. ADJOURNMENT At 8:54 p.m., Mayor Cox adjourned the meeting to the Regular Meeting of December 4, 2007 at 4:00 p.m. in the Council Chambers. The Regular Meeting of November 20, 2007 has been cancelled. Gt~~~ Lori Anne Peoples, MMC~y City Clerk Page 7 - Council Minutes November 13,2007