HomeMy WebLinkAboutcc min 2008/01/15
MINUTES OF A REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF CHULA VISTA
January 15,2008
6:00 P.M.
A regular meeting of the City Council of the City ofChula 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 Ann Moore, Interim City Clerk
Norris, and Senior Deputy City Clerk Peoples
PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE
. OATHS OF OFFICE
James Clark to the International Friendship Commission
Interim City Clerk Norris administered the oath of office to Mr. Clark, and Deputy Mayor
Rindone presented him with a certificate of appointment. Mr. Clark provided the Council and
citizens with a brief background on his job as the Director of the Mexico Business Center of the
San Diego Regional Chamber of Commerce. He then invited the Mayor and Council to attend
the United States-Mexico Border Efficiency Conference-CalifornialBaja California Region.
9:00a.m. -5 :00 p.m., Joan B. Kroc Center for Peace & Justice, University of San Diego.
. INTRODUCTION BY POLICE CHIEF EMERSON OF POLICE RECRUITS DANIEL
MISHLER AND XAVIER CASTRO
Police Chief Emerson introduced new police recruits Mishler and Castro.
. PRESENTATION BY MARK WATTON, GENERAL MANAGER OF THE OTAY
WATER DISTRICT, ON THE STATUS OF WATER IN THE REGION
Otay Water District General Manager Watton provided a report on the status of water in the
region and responded to questions of the Council.
. PRESENTATION BY DENNIS BOSTAD, GENERAL MANAGER OF THE
SWEETWATER AUTHORITY, ON THE STATUS OF WATER IN THE REGION
Sweetwater Authority General Manager Bostad provided a report on the status of water in the
region, and responded to questions of the Council.
CONSENT CALENDAR
(Items I through 7)
Mayor Cox stated that staff had requested Item 3 be continued to the meeting of January 22,
200S.
1. ORDINANCE NO. 3102, ORDINANCE OF THE CITY OF CHULA VISTA
ADOPTING MITIGATED NEGATIVE DECLARATION AND MITIGATION
MONITORING AND REPORTING PROGRAM IS-07-031, AMENDING THE
ZONING MAPS ESTABLISHED BY MUNICIPAL CODE SECTION 19.IS.010 BY
REZONING ONE PARCEL LOCATED AT 267 EAST OXFORD STREET FROM R-I
(SINGLE FAMILY RESIDENCE ZONE) TO R-I-5-P (SINGLE FAMIL Y
RESIDENCE, PRECISE PLAN ZONE), AND ADOPTING PRECISE PLAN
STANDARDS (SECOND READING AND ADOPTION)
Brookfield-Shea-Otay, LLC, agent for property owner Concordia Lutheran Church, is
requesting a Rezone, Precise Plan and Tentative Subdivision Map to develop 24 single-
family lots on a 3.9-acre site presently occupied by the church, at 267 East Oxford Street
in southwestern Chula Vista. The ordinance adopts the Negative Declaration and
Mitigation Monitoring and Reporting Program, amends the Zoning Maps, and adopts the
Precise Plan Standards. The ordinance was introduced on January S, 200S. (Planning and
Building Director)
Staff recommendation: Council adopt the ordinance.
2. RESOLUTION NO. 200S-011, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING CONTRACT FOR
THE "PAVEMENT REHABILITATION PROGRAM FISCAL YEAR 2006/2007 (DIG-
OUTS, PHASE 2) (STL-340B)" PROJECT TO FRANK AND SON PAVING, INC. IN
THE AMOUNT OF $447,070 AND AUTHORIZING THE EXPENDITURE OF ALL
AVAILABLE FUNDS IN THE PROJECT
On November 9, 2007, fifteen sealed bids were received for this project, which consists
of the removal and replacement of damaged asphalt concrete pavement at various
locations in the City. The work also includes subgrade preparation, striping, pavement
markings, traffic control, and other miscellaneous work, and all labor, material,
equipment, and transportation necessary for the project. (Engineering and General
Servi ces Director)
Staff recommendation: Council adopt the resolution.
3. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ACCEPTING THE WITHDRAWAL OF THE LOW BID, REJECTING THE SECOND
LOWEST BID AND APPROVING THE THIRD LOWEST BID; AND A WARDING
CONTRACT FOR PHASE 2 OF THE "LAUDERBACH PARK IMPROVEMENTS IN
THE CITY OF CHULA VISTA, CA (CIP NO. PR-295)" PROJECT TO MJC
CONSTRUCTION, AUTHORIZING THE EXPENDITURE OF THE AVAILABLE
CONTINGENCIES FOR THE PROJECT, AND APPROPRIATING AND
TRANSFERRING FUNDS THEREFOR (4/5THS VOTE REQUIRED)
Page 2 - Council Minutes
January 15,2008
CONSENT CALENDAR (continued)
On December 19, 2007, nine sealed bids were received for this project. This is the
second and final phase of this CIP. Phase 2 will include a new restroom facility,
upgraded park security lighting, tot-lot safety surfacing, fencing at the rear of the Boys
and Girls Club to enclose the park play area and associated site specific improvements.
(Engineering and General Services Director)
Staff recommendation: Council adopt the resolution.
4. RESOLUTION NO. 2008-012, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA REJECTING THE LOW BID, ACCEPTING THE SECOND
LOW BID AND A WARDING CONTRACT FOR "GAYLE MCCANDLISS
MEMORIAL PARK IMPROVEMENTS IN THE CITY OF CHULA VISTA,
CALIFORNIA (PR-179)" PROJECT TO HTA ENGINEERING & CONSTRUCTION
AND AUTHORIZING THE EXPENDITURE OF AVAILABLE CONTINGENCIES
FOR THE PROJECT
On January 8, 2008, ten sealed bids were received for this project which includes the
installation of a new play area and picnic area with ADA accessible walks and ramps; site
furnishing upgrades and improved security lighting; and some minor irrigation and
planting improvements. (Engineering and General Services Director)
Staff recommendation: Council adopt the resolution.
5. RESOLUTION NO. 2008-013, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING CONTRACT FOR
"OTAY RECREATION CENTER EXPANSION IN THE CITY OF CHULA VISTA,
CALIFORNIA (PR-277)" PROJECT TO RANDALL CONSTRUCTION IN THE
AMOUNT OF $392,030 AND APPROPRIATING COMMUNITY DEVELOPMENT
BLOCK GRANT (CDBG) FUNDS THEREFOR (4/5THS VOTE REQUIRED)
On January 2, 2008, five sealed bids were received for this project, which consists of the
construction of an expansion to the existing 1,376 square foot facility to be used as a
classroom for the community. (Engineering and General Services Director)
Staff recommendation: Council adopt the resolution.
6. RESOLUTION NO. 2008-014, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AUTHORIZING THE MAYOR TO EXECUTE AN
EASEMENT DEED GRANTING AN EASEMENT FOR WATER FACILITIES OVER
CITY-OWNED LAND TO THE CITY OF SAN DIEGO FOR THE OTAY-SAN
DIEGO PIPELINE
Page 3 - Council Minutes
January 15,2008
CONSENT CALENDAR (continued)
As part of the City of San Diego's relocation of the Otay water pipeline, it was necessary
to place a portion of the improvements within land owned in fee by the City of Chula
Vista. The construction of this project has already been completed. The land is located
along the southerly right-of-way of Telegraph Canyon Road, west of Heritage Road.
(Engineering and General Services Director)
Staff recommendation: Council adopt the resolution.
7. RESOLUTION NO. 2008-015, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ORDERING THE SUMMARY VACATION OF ALL OF
THE AREA OF THAT EASEMENT FOR SLOPE RIGHTS AND DRAINAGE
PURPOSES LOCATED WITHIN LOT 10 OF MAP NO. 14261 OF SAN MIGUEL
RANCH THAT WAS GRANTED PURSUANT TO THE GRANT OF EASEMENT
FOR COUNTY HIGHWAY
NNP- Trimark San Miguel Ranch, LLC has made a request to vacate a portion of a slope
and drainage easement located within Lot 10 of Map 14261 lying northeasterly of the
intersection of Mount Miguel Road and Proctor Valley Road within the San Miguel
Ranch Development. (Engineering and General Services Director)
Staff recommendation: Council adopt the resolution.
ACTION:
Councilmember Castaneda moved to approve staffs recommendation, and
offered the Consent Calendar, except Item 3, 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
Jackie Lancaster, Chula Vista resident, presented a video on the MMC Peaker Plant.
Theresa Acerro, Chula Vista resident, provided several handouts pertaining to the MMC Peaker
Plant including a google aerial photo with a 1,000 foot radius drawn around the peaker plant
indicating existing land uses adjacent to it, a chart comparison of emissions from the existing
plant and the proposed plant, area within aqueous ammonia risk zone, and the Environmental
Health Coalition MMC Talking Points Fact Sheet.
James Prouix, Chula Vista resident, representing the Citizens for Stadium, spoke in support of
the proposed Charger stadium and encouraged the Council to negotiate with the Spanos family
and possibly tie it into the proposed Gaylord development. He then cited how a new stadium in
the City of Glendale, Arizona was providing revenues for police, fire, and public improvements.
Page 4 - Council Minutes
January 15,2008
PUBLIC COMMENTS (continued)
Mike Spethman, Chula Vista resident, requested Council consideration for an ordinance to
regulate mobile vendors in residential areas near schools.
Parks Pemberton, Chula Vista resident, spoke regarding the water authority presentations, stating
that power and water were the two most critical issues facing Chula Vista. He then requested the
Council reconsider their vote to get rid of the power plant on the bay.
Warren Williams, Government teacher at Hilltop High School introduced himself and his
students present at the meeting, stating he felt it important for the students to be exposed to local
government.
ACTION ITEMS
City Attorney Moore stated for the record, that because Item 8 included an initiative pertaining to
the Office of the City Attorney, the City had retained Shawn Hagerty of Best Best & Krieger to
provide legal advice to the City on this item. City Attorney Moore then left the Chambers.
8. CONSIDERATION OF ADOPTION OF RESOLUTIONS GIVING NOTICE OF A
GENERAL MUNICIPAL ELECTION, PLACING A CITIZEN-INITIATED CHARTER
AMENDMENT ON THE BALLOT, REQUESTING THE SAN DIEGO COUNTY
BOARD OF SUPERVISORS TO PERMIT THE REGISTRAR OF VOTERS TO
CONDUCT THE ELECTION, AND APPROPRIATING FUNDS FOR THE PETITION-
RELATED EXPENSES
Adoption of the resolutions gives notice of a General Municipal Election to be held June
3, 2008; places a citizen-initiated Charter amendment on the ballot; requests the services
of the Registrar of Voters to conduct the election, and appropriates funds for signature
verification on the petition, and its placement on the ballot. (Interim City Clerk)
Interim City Clerk Norris presented the results of the examination of signatures for the
charter amendment petition. Mr. Hagerty stated he would respond to legal questions as
necessary.
Norma Cazares, Chula Vista resident and proponent, requested that the City Council do the right
thing and place the initiative on the June ballot.
Evelyn Heidelberg, San Diego resident, Attorney representing Earl Jentz, expressed support for
the proposed election being held in June.
Mayor Cox stated that although she personally did not feel another political office was necessary
in the City; she did not oppose putting the item on the ballot for the people to decide.
Additionally, she felt it important for both sides to be given the opportunity to openly discuss
this issue, as it would be a major change to how government would be run in Chula Vista, and
further, she felt that holding the election in November would provide more time for discussion
and a greater amount of people would vote. Mayor Cox then asked Attorney Hagerty if the
Council would be permitted legally to put the initiative on the November ballot. Attorney
Hagerty responded in the affirmative noting that the initiative was not specific as to when to hold
the election.
Page 5 - Council Minutes
January 15,2008
ACTION ITEMS (continued)
Councilmember Castaneda stated that while he respected Attorney Hagerty's opinion, he felt it to
be inconsistent with that of Attorney Heidelberg, and requested she respond. Ms. Heidelberg
responded that although Mr. Hagerty's response was correct, and the State Elections Code would
allow placement on the November ballot, the first listed alternative in the code is the next
regularly scheduled general municipal election and one could infer from that, it would be the
preferable option. Ms. Heidelberg then stated that the initiative was a municipal measure and
she respectfully disagreed with the Mayor, expressing her view that placing it on a national
election ballot would get less attention.
Attorney Hagerty reiterated that the state law indicates the timing of the election could be in June
or November.
Mayor Cox asked for clarification as to whether or not the requested appropriation would change
if the measure was placed on the November ballot as opposed to the June ballot. Interim City
Clerk Norris responded that the appropriation would be less in November by approximately
$20,000.
Councilmember Ramirez pointed out to the students present in the audience, that the item before
the Council depicted two different approaches to democracy and how to get things done by the
people, including the role of money in democracy, and how a grass roots group works. He then
asked the proponents how much money had been spent on this petition.
Norma Cazares, Chula Vista resident and proponent stated she did not know the total spent on
the initiative process, some funding sources were major and some were minor, some individuals
could not contribute money but went door to door to gather signatures.
Parks Pemberton, Chula Vista resident, spoke regarding the political process of the initiative and
encouraged everyone to vote for it.
Deputy Mayor Rindone stated it was clear that the petitions were certified and that an election
would be held. Further, that the Mayor's position to encourage greater participation to take place
and greater opportunity for time and dialogue for both pros and cons and effectiveness was a
critical issue. Deputy Mayor Rindone then expressed his view that to have time of discourse
would be appropriate and a November election would allow this and be a benefit to the City.
Councilmember McCann stated he appreciated the debate and that the reality was that the
signatures were there and verified and it would now be up to the people to decide as to whether
or not they wanted to support the initiative. However, he too felt it to be such an important issue,
that the highest voter turnout was needed to ensure greater participation and statistics show that
two to three times as many voters show up to the polls in November than they do in June.
Councilmember Castaneda stated that the Council had a responsibility to the people who signed
the petition, and although he personally did not agree with the initiative, he felt the people fully
expected the item to be on the ballot at the next regular municipal election, which would take
place in June. Further, he expressed his view that holding off until November was the same as
telling the people they could not vote and he would not support a November election for the
initiative.
Page 6 - Council Minutes
January 15,2008
ACTION ITEMS (continued)
Councilmember Ramirez stated he felt the proponents wanted the initiative on the ballot in June
for some strategic reason, and others in November for another, but if the proponents want it in
June, he felt it should be in June. He then stated that he was not a proponent of having an elected
City Attorney and had serious concerns, but felt the people should have an opportunity to vote.
Deputy Mayor Rindone stated that the discussion was about allowing participation to manifest at
its greatest opportunity and no one should fear greater opportunity for dialogue. Further, he
stated that he did not think there was a single Councilmember advocating the position of having
an elected city attorney, but allowing additional time to vet the proposal and assure greater
participation on a significant item in city government that it should be allowed to take place.
ACTION:
Deputy Mayor Rindone moved to approve staffs recommendation and offered
Resolution No. 2008-016 as amended to call the November election, to place the
measure on the November 4, 2008 ballot, and to consolidate the November
election with the statewide election. Councilmember McCann seconded the
motion.
Councilmember Castaneda offered a substitute motion to hold the election in
June. No second was received.
A. RESOLUTION NO. 2008-016, RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CHULA VISTA CALLING AND
GIVING NOTICE OF A GENERAL MUNICIPAL ELECTION TO BE
HELD ON TUESDAY, JUNE 3, 2008, FOR THE PURPOSE OF
ELECTING TWO MEMBERS OF THE CITY COUNCIL CALLING
AND GIVING NOTICE OF A SPECIAL MUNICIPAL ELECTION TO
BE HELD ON TUESDAY, NOVEMBER 4, 2008; PLACING A
CITIZEN-INITIATED CHARTER AMENDMENT ON THE
NOVEMBER 4, 2008 BALLOT TO BE CONSIDERED BY THE
ELECTORATE AT THAT ELECTION; CONSOLIDATING SUCH
ELECTIONS WITH STATEWIDE ELECTIONS; REQUESTING THE
BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO TO
PERMIT THE REGISTRAR OF VOTERS TO CONDUCT SUCH
ELECTIONS; AND AUTHORIZING THE CITY CLERK OR HER
DULY AUTHORIZED AGENTS TO CARRY OUT THE NECESSARY
PROCEDURES FOR SUCH ELECTIONS (AMENDED)
Councilmember McCann called for the vote on the original motion. The motion
carried 3-2 with Councilmembers Castaneda and Ramirez voting no.
ACTION:
Deputy Mayor Rindone moved to approve staffs recommendation and offered
Resolution No. 2008-017 as amended to appropriate $20,000 for signature
verification, and the funds to necessary to cover the costs of placing the measure
on the November ballot, heading read, text waived:
Page 7 - Council Minutes
January 15.2008
ACTION ITEMS (continued)
B. RESOLUTION NO. 2008-017, RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING
FUNDS FOR THE VERIFICATION OF SIGNATURES FOR
CERTIFICATION OF A PETITION FOR A CHARTER AMENDMENT
AND FOR ITS PLACEMENT ON THE BALLOT FOR THE
CONSOLIDATED SPECIAL MUNICIPAL ELECTION ON TUESDAY,
NOVEMBER 4,2008 (AMENDED) (4/5THS VOTE REQUIRED)
Mayor Cox seconded the motion, and it carried 5-0. Councilmember Castaneda
stated he supported the motion to cover the costs, but disagreed with the holding
of the election in November.
Evelyn Heidelberg, Attorney representing Mr. Jentz, stated that she wished to bring to the
Council's attention as well as the City Clerk's and City Attorney's, a problem that arises from
last year's amendment by the State legislature of the date of the State primary. It appears to
make the upcoming election in June for the Council seats in conflict with the City Charter,
specifically Section 900 of the City Charter which reads "general municipal elections for the
election of Mayor and Councilmembers and for such purposes as the City Council may describe
shall be held in the City of Chula Vista on the same date in each election year as the California
State primary elections."
City Attorney Moore returned to the dais.
OTHER BUSINESS
9. CITY MANAGER'S REPORTS
There were none.
10. MAYOR'S REPORTS
Mayor Cox stated she had provided the Council with copy of a letter she had sent to Mr. Steven
A. Weissman, Administrative Law Judge for the California Public Utilities Commission
(CPUC), expressing concerns regarding a staff reference to placing a new fossil-fueled power
plant on the Chula Vista bayfront, made as part of the alternative proposals included in the
Sunrise Powerlink Draft Environmental Impact Report issued on January 4, 2008, and informing
them that the City Council had voted to not support a replacement base load plant on the
bayfront.
Mayor Cox then stated that the full Council had heard from their constituents regarding the San
Miguel Park and that she had spoken with the City Manager and Engineering and General
Services Director Griffin, and requested they bring a timeline back for Council review at an
April meeting. Councilmember McCann stated that he too had spoken with the City Manager
Page 8 - Council Minutes January 15,2008
MAYORS COMMENTS (continued)
and requested that they move forward on the design, and bring it back as a policy issue in April
for full debate among the Council to address the maintenance issue in the Fiscal Year 2009/2010
budget. Deputy Mayor Rindone stated that although the fees to build the park had been raised
through Mello Roos, Council would still need to come up with $120,000 annually to ensure it is
maintained. Further, that he supported the request to have staff come back in April with the
process of looking at construction of the park to allow the Council time to analyze and to make
recommendations to staff for funding options for the 2008/2009 budget.
Mayor Cox next commented that an exciting weekend was approaching with the AFC
Championship game for the San Diego Chargers and encouraged everyone in the City of Chula
Vista to wear the Chargers blue and gold to their place of work on Friday. She then provided a
list of stores where the shirts were available.
In closing, Mayor Cox stated that she and Councilmember McCann were members of the
Charger Subcommittee and that there were a couple of newspaper articles that led her to want to
clarify for the record, that her interest in the Chargers has been as an advocate of keeping them in
San Diego County, and to that end, working with Councilmember McCann, they had written a
draft Resolution which she read into the record and the Subcommittee would be placing on the
January 22, 2008 agenda.
II. COUNCIL COMMENTS
Councilmember McCann spoke regarding the presentation being made by the Chargers next
Tuesday and encouraged all Chula Vista residents to be present. He then commended the
Chargers on their great community outreach process and stated that they received overwhelming
support for coming to Chula Vista and spoke ofthe many benefits of having them here.
Councilmember Ramirez spoke regarding the San Miguel Park issue and stated he was
encouraged by the potential solution and options and the setting of a date certain of April.
Further, he stated that he appreciated the comments that the Council would have to look hard and
reprioritize to find revenues in the organization to make it happen.
Deputy Mayor Rindone expressed pleasure in the Council reinstitution of the prior practice of
having a quarterly Council tour of the many critical projects throughout the City and thanked
Assistant City Manager Tulloch and his staff for putting the tour together.
Mayor Cox also thanked Ms. Liz Pursell of the Communications Office and stated the tour was
so well done that she would like to use it for the next Citizens Academy.
CLOSED SESSION
At 8:20 p.m., Mayor Cox convened Closed Session.
Page 9 - Council Minutes
January] 5,2008
CLOSED SESSION (continued)
12. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE
TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b)
. Two cases
No reportable action was taken on these items.
ADJOURNMENT
At II :42 p.m., Mayor Cox adjourned the meeting to the next Regular Meeting of January 22,
2008" 6,00 pm. '.0" Cooo,'1 CMm(jliU. ~.~
Lori Anne Peoples, MMC, Senior Deputy City Clerk
Page 10 - Council Minutes
January 15,2008