HomeMy WebLinkAboutcc min 2008/02/05
MINUTES OF A REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF CHULA VISTA
February 5, 2008
4:00 P.M.
A regular meeting of the City Council of the City ofChula Vista was called to order at 4:05 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 Deputy City Clerk Bennett
PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE
SPECIAL ORDERS OF THE DAY
. INTRODUCTION BY INTERIM LIBRARY DIRECTOR LEAH BROWDER OF
EMPLOYEE OF THE MONTH, CHARITY ANDERSON, CHILDREN'S LIBRARIAN
Leah Browder introduced employee of the month Charity Anderson. Mayor Cox then read the
proclamation and Deputy Mayor Rindone presented it to Charity.
CONSENT CALENDAR
(Items I through 13)
Item 3 was removed from the Consent Calendar for discussion by members of the public and by
Councilmember Castaneda. Deputy Mayor Rindone stated he would be abstaining from voting
on Item 3, due to his membership on the Chamber of Commerce Board, and the proximity of his
residence to the Chula Vista Chamber of Commerce. Item 4 and 6 were removed from the
Consent Calendar for discussion by Councilmember McCann.
I. APPROVAL OF MINUTES of the Regular Meeting of January 8, 2008, the Adjourned
Regular Meeting of January 12,2008, and the Regular Meeting of January 15,2008.
Staff recommendation: Council approve the minutes.
2. RESOLUTION NO. 2008-030, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPOINTING THE CITY'S MANAGEMENT TEAM FOR
THE PURPOSE OF MEETING AND CONFERRING WITH THE CITY'S
EMPLOYEE ORGANIZATIONS
CONSENT CALENDAR (Continued)
The Meyers-Milias-Brown Act, as contained in California Government Code Sections
3500-3511 provides for the orderly administration of employer-employee relations. It
states that a public agency may adopt reasonable rules and regulations for recognizing
employee organizations and for meeting and conferring with those organizations
regarding wages, hours, and other terms and conditions of employment. (City Attorney)
Staff recommendation: Council adopt the resolution.
3. Item 3 was removed from the Consent Calendar for discussion.
4. Item 4 was removed from the Consent Calendar for discussion.
5. A. RESOLUTION NO. 2008-033, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING CONTRACT FOR
THE "SIDEWALK IMPROVEMENTS NORTH SIDE OF ORANGE AVENUE
BETWEEN THIRD AVENUE AND CONNOLEY AVENUE, SOUTH SIDE OF L
STREET BETWEEN HILLTOP DRIVE AND COUNTRY CLUB DRIVE IN THE
CITY OF CHULA VISTA (CIP NO. STL-318)" PROJECT TO FOX CONSTRUCTION
IN THE AMOUNT OF $76,307.60 AND AUTHORIZING THE EXPENDITURE OF
ALL AVAILABLE CONTINGENCIES IN THE PROJECT
B. RESOLUTION NO. 2008-034, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AUTHORIZING INTERPROJECT TRANSFERS FROM
EXISTING CAPITAL IMPROVEMENT PROJECT "ADA PEDESTRIAN RAMPS
(STL-334)" TO STL-318 AS NECESSARY TO COMPLETE THE PROJECT (4/5THS
VOTE REQUIRED)
On January 16, 2008, the Director of Engineering and General Services received 12
sealed bids for this project. The work consists of the installation of sidewalk
improvements at two locations, a retaining wall, traffic control, and other miscellaneous
work, including all labor, material, equipment, and transportation necessary for the
project. (Engineering and General Services Director)
Staff recommendation: Council adopt the resolution.
6. Item 6 was removed from the Consent Calendar for discussion.
7. RESOLUTION NO. 2008-036, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING FEDERAL FISCAL YEAR 2007 STATE
HOMELAND SECURITY GRANT PROGRAM (SHSGP) FUNDS IN THE AMOUNT
OF $104,277 AND APPROPRIATING SAID FUNDS TO THE FEDERAL GRANTS
FUND SHSGP PROGRAM (4/5THS VOTE REQUIRED)
The County of San Diego Office of Emergency Services, who administers the State
Homeland Security Grant Program (SHSGP) has notified the Fire Department of the
Fiscal Year 2007 SHSGP award in the amount of $104,277. These funds will be utilized
by the Fire and Police Departments to purchase communications, computer, rescue, and
protective and breathing apparatus, and to fund homeland security related training
activities. (Interim Fire Chief)
Staff recommendation: Council adopt the resolution.
Page 2 - Council Minutes
February 5, 2008
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CONSENT CALENDAR (Continued)
8. RESOLUTION NO. 2008-037, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING AND APPROPRIATING $82,227 IN
REIMBURSEMENTS FROM THE STATE OF CALIFORNIA OFFICE OF
EMERGENCY SERVICES AND A $5,000 DONATION FROM NORTH ISLAND
FEDERAL CREDIT UNION TO OFFSET OVERTIME AND SUPPORT COSTS IN
THE FIRE DEPARTMENT (4/5THS VOTE REQUIRED)
The Fire Department has received reimbursements in the amount of $82,227 from the
State Office of Emergency Services. Reimbursements were made for staff time related to
Chula Vista Fire Department strike teams that were sent as part of mutual aid agreements
to assist in statewide firefighting efforts during the 2007 fire season. The Fire department
has also received a donation in the amount of $5,000 from North Island Federal Credit
Union in appreciation of Fire Department efforts during the 2007 fire season. The
department is requesting to appropriate these funds to offset overtime, supplies, and
facility support costs. (Interim Fire Chief)
Staff recommendation: Council adopt the resolution.
9. RESOLUTION NO. 2008-038, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA IMPLEMENTING THE PRE- T AX PAYROLL
DEDUCTION PLAN FOR CALPERS SERVICE CREDIT PURCHASES
(CONTRIBUTION CODE 14)
On April 22, 1997, the Council approved a resolution providing qualified members the
option to elect the pre-tax payroll deduction plan for their service credit purchase (i.e.,
redeposit, service prior to membership, military, etc.). On December 27, 2007, CalPERS
assigned a new group coverage number for the City's Miscellaneous group with 3% at
60-benefit formula from group number 70001 to 70002. In order to continue the benefit
of pre-tax option to its Miscellaneous employees with coverage group 70002, the City
must submit an amended resolution to the California Public Employees' Retirement
System. Adoption of the resolution amends the pre-tax payroll deduction, which has no
fiscal impact to the City. All service credits are purchased by member employees, and
may result in minimal reductions in City liability for Medicare taxes due to the reduced
taxable income base afforded by this pre-tax benefit. (Human Resources Director)
Staff recommendation: Council adopt the resolution.
10. RESOLUTION NO. 2008-039, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING $46,560 FROM THE U.S. DEPARTMENT OF
HOMELAND SECURITY AND APPROPRIATING SAID FUNDS TO THE
FEDERAL GRANTS FUND FOR THE LAW ENFORCEMENT TERRORISM
PREVENTION PROGRAM (4/5THS VOTE REQUIRED)
The County of San Diego Office of Emergency Services, which administers the Law
Enforcement Terrorism Prevention Program (LETPP) for local agencies, has notified the
Police Department of the Fiscal Year 2007 LETPP award in the amount of $46,560. The
department is requesting to appropriate these funds for overtime costs and supplies and
services. (Police Chief)
Staff recommendation: Council adopt the resolution.
Page 3 - Council Minutes
February 5, 2008
CONSENT CALENDAR (Continued)
11. RESOLUTION NO. 2008-040, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING THE AWARD AND APPROPRIATING
$300,000 IN UNANTICIPATED REVENUES FOR A GRANT FROM THE
CALIFORNIA INTEGRA TED WASTE MANAGEMENT BOARD HOUSEHOLD
HAZARDOUS WASTE GRANT PROGRAM FOR THE 16TH CYCLE AND
AMENDING THE FISCAL YEAR 2008 WASTE MANAGEMENT AND
RECYCLING FUND BUDGET (4/5THS VOTE REQUIRED)
In June of 2007, staff submitted a grant funding application to the California Integrated
Waste Management Board (CIWMB) for Household Hazardous Waste activities, related
to expansion of the universal Waste Collection Program, and development of a medical
needles/sharps proper disposal system for residential households, on behalf of the South
Bay Regional household Hazardous Waste Partnership (Consisting of Imperial Beach,
National City, and Chula Vista as lead agency). The CIWMB has awarded the $300,000
request and given staff the Notice to Proceed with the proposed programs. (Public Works
Director)
Staff recommendation: Council adopt the resolution.
12. RESOLUTION NO. 2008-041, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AUTHORIZING THE SUBMITTAL OF TIRE
ENFORCEMENT GRANT APPLICATIONS IN PARTNERSHIP WITH THE CITY OF
SAN DIEGO - SOLID WASTE LOCAL ENFORCEMENT AGENCY AND
AUTHORIZING THE CITY OF SAN DIEGO TO ACT ON BEHALF OF THE CITY
OF CHULA VISTA TO EXECUTE ALL APPLICATIONS, CONTRACTS, PAYMENT
REQUESTS, AGREEMENTS AND AMENDMENTS FOR THE PURPOSES OF
SECURING GRANT FUNDS AND TO IMPLEMENT AND CARRY OUT THE
WORK SPECIFIED IN THE GRANTS THROUGH JUNE 30, 2012
In 1989, the California Legislature enacted comprehensive requirements for the storage
and disposal of waste tires. The California Integrated Waste Management Board was
charged with responsibility for tire pile stabilization and remediation where public health
and safety and the environment may be at risk. The City of San Diego is the lead agency
for this program in San Diego County and ChuIa Vista, Imperial Beach and National City
are partnering with them on this program. Adoption of the resolution authorizes the
submittal of the grant and will support the continuation of enforcement work that was
started in 2007. (Public Works Director)
Staff recommendation: Council adopt the resolution.
13. RESOLUTION NO. 2008-042, RESOLUTION OF THE CITY COUNCIL OF THE
CITY ACCEPTING AND APPROPRIATING $81,281 IN UNANTICIPATED
REVENUES A WARDED TO THE CITY OF CHULA VISTA, AS THE LEAD
AGENCY FOR THE SOUTH BAY USED OIL RECYCLING PROGRAM FROM THE
CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD'S USED MOTOR
OIL RECYCLING BLOCK GRANT FOR 2007-2008, 13TH CYCLE AND AMENDING
THE FISCAL YEAR 2008 WASTE MANAGEMENT AND RECYCLING BUDGET
(4/5THS VOTE REQUIRED)
Page 4 - Council Minutes
February 5, 2008
CONSENT CALENDAR (Continued)
The California Used Oil Enhancements Act (1999) requires the collection of four cents
for every quart of lubricating oil sold, transferred and imported into California from oil
manufacturers. Chula Vista consumers pay four cents per quart into the fund when they
purchase oil. The Act mandates that the California Integrated Waste Management Board
use a portion of the funds to provide block grants to local governments for used oil
programs that encourage used oil and oil filter recycling. Chula Vista is the lead agency
for the Used Oil Recycling Program for the South Bay cities of Chula Vista, Imperial
Beach and National City. (Public Works Director)
Staff recommendation: Council adopt the resolution.
ACTION:
Deputy Mayor Rindone moved to approve staff recommendations and offered the
balance of the Consent Calendar, headings read, texts waived. Councilmember
Castaneda seconded the motion and it carried 5-0.
Deputy Mayor Rindone left the dais at 4:20 p.m.
ITEMS REMOVED FROM THE CONSENT CALENDAR
3. RESOLUTION NO. 2008-031, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING A CONTRACT BETWEEN THE CITY OF
CHULA VISTA AND THE CHULA VISTA CHAMBER OF COMMERCE FOR THE
PROVISION OF CHULA VISTA CONVENTION AND VISITORS BUREAU
PROMOTIONAL SERVICES AND VISITOR AND TRANSIT INFORMATION
SERVICES AT THE CHULA VISTA VISITOR INFORMATION CENTER AND
CHAMBER OF COMMERCE MAIN OFFICE, WAIVING COUNCIL POLICY #230-
01 TO ALLOW FOR FUNDING IN AN AMOUNT LESS THAN STATED IN SAID
POLICY
Adoption of the resolution approves a contract between the City and the Chamber of
Commerce for a period of six months with an option to extend the contract for an
additional one-year period, for the provision of Chula Vista Convention and Visitors
Bureau Promotion Services, and Visitor and Transit Information Services at the Chula
Vista Visitor Information Center and Chamber of Commerce main office. It also waives
City Council Policy #230-01 to allow for funding in an amount less than stated in the
policy (Economic Development Officer)
Staff recommendation: Council adopt the resolution.
Peter Watry, Chula Vista resident, was upset about reduced Library hours of operation resulting
from the citywide budget reductions, while the Chula Vista Visitors' Center was allocated
$53,000 in funding by the City. He questioned why so much money was being spent on the
Visitors' Center and not the Public Library, and why the item was on the Consent Calendar
instead of being included in the budget reductions for debate.
Page 5 - Council Minutes
February 5, 2008
ITEMS REMOVED FROM THE CONSENT CALENDAR (Continued)
Patricia Aguilar, Chula Vista resident, spoke regarding the option to extend the contract between
the City and the Chamber for an additional one-year period, and requested clarity as to whether
or not extension of the contract would require Council approval, expressing that the service
being provided should compete with all other services provided by the City.
Gerry Scott, Chula Vista resident, stated that the $53,000 proposed for the Chula Vista Visitors'
Center could be better utilized to save employee positions in the Library, and he requested
Council consideration to deny the proposed contract.
Councilmember Castaneda asked whether the visitors' center was adequately promoting the City,
or whether the funding would be better spent elsewhere. Lisa Cohen, Chula Vista Chamber of
Commerce Executive Director explained the many promotions by the Visitors' Information
Center that included, "Dine and Shop Chula Vista", San Diego CONVIS, and a City directory,
stating that the funding reduction would primarily affect the hours of operation and the General
Manager position. Councilmember Castaneda stated that for the future budget, he would be
looking at ways to promote local businesses that were opening their doors for visitors, not simply
keeping the doors ofthe Visitors' Information Center open.
Mayor Cox reported that the City ofChula Vista was one of two cities in the region not to have a
sales tax decline in the last quarter reporting, which she attributed to the Chula Vista Chamber of
Commerce promoting retention oftax dollars locally.
ACTION:
Councilmember Ramirez requested a poll from the Council and moved for
approval of the proposed Resolution as amended, to remove the option for
renewal and all references thereto. The motion died for a lack of a second.
Councilmember McCann spoke in support of the proposed resolution in its original form.
Mayor Cox was opposed to the proposed amendment by Councilmember Ramirez, stating that
the item must come back to Council for approval of the contract extension, and she would
therefore support the item as presented.
Councilmember Castaneda stated he would support the motion by Councilmember Ramirez to
include direction to the City Manager to work with the Chamber of Commerce to see exactly
how the City would be promoted.
ACTION:
Councilmember Ramirez moved to approve staff recommendation and adopt
Resolution No. 2008-031, heading read, text waived, with direction to staff that a
report be forthcoming from the Chamber of Commerce regarding how they intend
to promote the City of Chula Vista. Councilmember Castaneda seconded the
motion and it carried 4-0-1, with Deputy Mayor Rindone abstaining.
Deputy Mayor Rindone returned to the dais at 4:53 p.m.
Page 6 - Council Minutes
February 5, 2008
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ITEMS REMOVED FROM THE CONSENT CALENDAR (Continued)
4. RESOLUTION NO. 2008-032, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING INFORMAL BIDS AND AWARDING A
CONTRACT FOR THE "ROHR PARK BREAK ROOM (PR 274) CIP PROJECT" TO
F AMANIA CONSTRUCTION INC. IN THE AMOUNT OF $34,073
Per section 1009 of the City's Charter, the Director of Engineering and General Services,
in an effort to secure competitive prices from interested contractors, invited ten
contractors to submit informal bids for the construction of improvements to the Rohr
Park Break Room. The scope of work included the rehabilitation of the park employee
break room, modernizing the two bathrooms, kitchen area, flooring and lighting. Three
bids were received. Adoption of the resolution accepts and awards a contract to Famania
Construction Inc. (Engineering and General Services Director)
Staffrecornmendation: Council adopt the resolution.
Councilmember McCann asked and Engineering and General Services Director Griffin
confirmed, that if the recommended improvements were not performed, the facility would need
to close within one year.
ACTION:
Councilmember McCann moved to approve staff recommendation and offered
Resolution No. 2008-032, heading read, text waived. Mayor Cox seconded the
motion and it carried 5-0.
6. RESOLUTION NO. 2008-035, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ESTABLISHING A NEW CAPITAL IMPROVEMENT
PROJECT ENTITLED "SUNSET VIEW PARK ROLLER HOCKEY ARENA (PR303)"
FOR ADDITIONAL SAFETY NETTING AND APPROPRIATING FUNDS
THEREFOR (4/5THS VOTE REQUIRED)
In March 2005, the City of Chula Vista dedicated and opened for public use, Sunset View
Park, a IO-acre turnkey neighborhood park constructed by the Eastlake Company in
partial satisfaction of the parkland obligation for the Eastlake Greens subdivision. Sunset
View Park contains the City's only outdoor roller hockey arena. At the request of Risk
Management and the Office of the City Attorney, a review of the roller hockey arena was
undertaken, and it was determined that the installation of additional netting around the
arena would enhance the overall safety of the facility. Adoption of the resolution
establishes a new Capital Improvement Project and appropriates $50,000 from the
available Park Acquisition and Development fee balance for staff and consultants to
prepare a set of construction documents for bidding purposes. The estimated total cost of
the project is $150,000. (Engineering and General Services Director)
Staff recommendation: Council adopt the resolution.
Councilmember McCann requested clarification from staff on the total project cost. Engineering
and General Services Director Griffin responded that staff was hopeful the final project would
total approximately $150,000, and that staff was only requesting funding for the design portion
of the project at this time.
Page 7 - Council Minutes
February 5, 2008
ITEMS REMOVED FROM THE CONSENT CALENDAR (Continued)
Councilmember McCann requested that in future, staff indicates under the "Fiscal Impact"
portion of staff reports, any effects the proposed items would have on the General Fund.
ACTION:
Councilmember McCann moved to approve staff recommendation and offered
Resolution No. 2008-035, heading read, text waived. Mayor Cox seconded the
motion and it carried 5-0.
PUBLIC COMMENTS
There were none.
PUBLIC HEARINGS
14. CONSIDERATION OF PROPOSED RESTRUCTURING OF THE SEWER SERVICE
RATES
It has been determined that the eXlstmg rates are inadequate and have not/will not
generate the revenues needed to meet the obligations of the fund for wastewater
treatment, system operation and maintenance. Therefore, the rates need to be adjusted
and in some cases increased as outlined in the report. (Engineering and General Services
Director)
Engineering and General Services Director Griffin presented the proposed restructuring of the
sewer service rates.
Mayor Cox opened the public hearing.
F elicitas 1. Cofer, Chula Vista resident, stated that the proposed fee increase would increase her
bill from $31.10 to $45.85, and she expressed concern about the burden of this on her and other
retirees who were on a fixed income.
Ron Floyd, Chula Vista resident, stated he was on a fixed income, and noted that sewer fees had
increased 160% since 2001. He stated that he had observed much waste in the City, citing
examples of half-empty busses and excessive landscaping. He asked the Council to consider
giving seniors a break on the proposed fees.
There being no further members of the public who wished to speak, Mayor Cox closed the public
hearing.
Mayor Cox requested Interim City Clerk Norris to confirm the number of written protests
received to date. Interim City Clerk Norris reported that notices were mailed to 52,902 property
owners. If the number of protest letters received was less than 26,451, the Council could
proceed with the item. The Clerk's Office received 47 letters of protest.
Page 8 - Council Minutes
February 5, 2008
PUBLIC HEARINGS (Continued)
Engineering and General Services Director Griffin responded to the concerns by the two
speakers, F elicitas Cofer and Ron Floyd, stating that they could contact the Finance Department
to determine eligibility for billing relief. Direction was given to staff to contact the speakers and
to notify them of the contact information.
Deputy Mayor Rindone asked about the design of the study to verify the return factor for single
family residential customers, suggesting that there be at least 24 residences included in the study,
12 from the east side, and 12 from the west side. Staff Member Griffin responded that the goal
was to have a cross-section of users from the north, south, east and west sides of the City, with
varying sized lots. Deputy Mayor Rindone requested that there be no more than two occupants
in at least half of the single-family residences included in the study. Deputy Mayor Rindone
referenced the three current methods used for billing, and directed staff to come back to Council
with recommendations on a single method for billing.
Councilmember McCann referenced a letter on the dais to the Council from Larry Breitfelder,
President, Chula Vista Taxpayers Association, referencing concerns about the proposed sewer
rate increase. Councilmember McCann asked, and staff responded to questions about Mr.
Breitfelder's concerns.
Councilmember McCann asked staff if efforts had been made to establish a Joint Powers
Agreement with other agencies. Mayor Cox responded, stating that as a member of the
Metropolitan Wastewater Commission for the City, the topic of sewage credit and sewage
reduction had been discussed at monthly meetings, and Chula Vista staff was working with the
staff of the agencies represented in Metro to become responsible emitters of sewage treatment,
and in the event that the credit did not surface, that the City would look at ways to create its own
treatment plant.
City Manager Garcia stated that although the City was not actively trying to achieve
independence from the San Diego sewer system, the Council could begin discussions to pursue
other options.
Councilmember McCann stated that the City should explore alternative opportunities to avoid
being at the mercy of Metro.
Assistant City Manager Tulloch informed Council that the City recently completed a study
together with Sweetwater Authority and Otay Water District, to look at taking a portion of the
sewage produced in Chula Vista and to treat it to a level that would allow it to be used for
reclaimed water. The study revealed that although it would not work on the Sweetwater side, it
could be feasible on the Otay Water District side, and to build a plant that would accommodate
the City's future build-out. He stated that staff was looking at various grant funding options for
water reclamation, and would be meeting with the Bureau of Reclamation to discuss the matter.
He added that staff believed it could be possible to bring in a plant with Otay Water District that
would be financially feasible for the City. He stated that since the City was a member of a Joint
Powers Authority, it provided the City the ability to bring in its own auditors to audit the City of
Page 9 - Council Minutes
February 5, 2008
PUBLIC HEARINGS (Continued)
San Diego's process to ensure that the City was being charged only for those things treatment-
related. Additionally, every one of the City of San Diego's capital expenditures comes before the
JP A to make recommendations to the Mayor of San Diego as to whether or not projects should
move forward.
Councilmember McCann directed staff to arrange a future workshop to look at exploration of
alternative opportunities for providing sewer service, and the ability to lower sewer rates.
Councilmember Castaneda directed staff to: 1) move forward with a study on the allocation
costs, based on water usage, and 2) create a policy and strategy that shows how the City would
resolve the need for additional sewage buy-in from the Metro system.
Mayor Cox referenced the letter on the dais submitted to the Council from Larry Breitfelder,
President of the Chula Vista Taxpayers Association, who was opposed to the proposed sewer
rate increases, stating that Mr. Breitfelder was also a member of the Otay Water Board.
ACTION:
Mayor Cox moved to adopt the following Resolution Nos. 2008-043 and 2008-
044, headings read, texts waived:
A.
RESOLUTION NO. 2008-043, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA APPROVING AN INCREASE IN SEWER
SERVICE RATES FOR FISCAL YEARS 2007/2008 THROUGH 2009/2010
B.
RESOLUTION NO. 2008-044, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA SETTING THE AMOUNT TO BE DEPOSITED
INTO THE SEWERAGE FACILITIES REPLACEMENT FUND
Councilmember McCann stated that he could not support the item and spoke of the need to
implement a consolidated and online billing system. He stated that the proposed sewer increases
were substantial to single-family residences and disproportionably larger for apartments and
businesses, which he believed would detract new business for the City. He expressed concern
about issues regarding forecasting of fee increases.
Councilmember Ramirez spoke in favor of the City moving forward with options for processing
its own sewage.
Deputy Mayor Rindone directed staff to provide a report to Council on the assessment of single-
family return rates.
Councilmember Ramirez seconded the motion and it carried 3-2, with
Councilmembers Castaneda and McCann voting no.
Page 10 - Council Minutes
February 5, 2008
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PUBLIC HEARINGS (Continued)
IS. CONSIDERATION OF THE ADOPTION OF AN ORDINANCE ESTABLISHING A
WESTERN TRANSPORTATION DEVELOPMENT IMP ACT FEE
A report has been prepared to analyze potential traffic impacts of proposed new
development on the west side of the City's transportation system and to calculate
development impact fees based on that analysis. The City's Eastern Transportation
Development Impact Fee (TDIF) Program was established on January 12, 1988, which is
responsible for the equitable funding of transportation facilities east of I-80S. A similar
program is proposed for Western Chula Vista to be called the Western Transportation
Development Impact Fee (WTDIF) Program. (Engineering and General Services
Director)
Mayor Cox opened the public hearing. There being no members of the public who wished to
speak, she then closed the public hearing.
ACTION:
Councilmember Castaneda moved to continue the item to the meeting of February
19,2008, at the request of staff. Mayor Cox seconded the motion and it carried
5-0.
16. CONSIDERATION OF AMENDMENT TO THE OTAY RANCH VILLAGE ELEVEN
SECTIONAL PLANNING AREA (SPA) PLAN, VILLAGE CORE MASTER PRECISE
PLAN (MPP), APPROVAL OF A REVISION TO THE TENTATIVE SUBDIVISION
MAP, AND APPROVAL OF PARCEL TO ACCOMMODATE A CONDITIONAL
USE PERMIT APPLICATION FOR CONCORDIA LUTHERAN CHURCH AND
SCHOOL PROJECT TO BE LOCATED IN THE COMMUNITY PURPOSE FACILITY
(CPF) SITE IN OT A Y RANCH VILLAGE I I
Brookfield, Shea Otay, LP (Brookfield Homes and Shea Homes) applied to amend the
Village Eleven Sectional Planning Area (SPA) Plan, Village Core Master Precise Plan
(MPP), revise the Tentative Subdivision Map, and relocate easements through the
recording of a new Parcel Map in order to accommodate a Conditional Use Permit
application for Concordia Lutheran Church and School project to be located at the
Community Purpose Facility (CPF) site in Otay Ranch Village II. (Planning and
Building Director)
Planning and Building Director Sandoval introduced the item and Associate Planner Phelps
presented the Otay Ranch Windingwalk Village II amendment. Prior to commencement of the
presentation, staff member Phelps informed the Council that the presentation would be combined
for Items 16 and 17, since action on Item 17 would rely upon approval ofItem 16.
Mayor Cox opened the public hearing.
David Poole, Brookfield Shea, current property owner, spoke in support of the proposed project.
Page 11 - Council Minutes
February 5. 2008
PUBLIC HEARINGS (Continued)
Pastor Richard Schmidt, representing Concordia Lutheran Church spoke in support of the
proposed project. He then gave a presentation on the project site plan and explained the benefits
of the proposed project on the community and City.
The following members of the public spoke in support of the proposed project:
Foster Ferguson, Chula Vista resident, representing Windingwalk residents
Disa Zaiser, Chula Vista resident, representing Concordia Lutheran Church
The following members of the public submitted speaker slips indicating support of the proposed
project, but waived their right to speak:
Dr. Wallace Turner, San Diego resident, representing Concordia University, Irvine
Janet Rumsch
Carl Lutz, Bonita resident
Beverly Turner, San Diego resident
Tara Rodriguez, Chula Vista resident, representing Concordia Lutheran Church
Holly Kimmel, Chula Vista resident, representing Windingwalk Agave/Saguaro Residents gave a
presentation in opposition to the proposed project, and the community residents' concerns
regarding the proposal to relocate the Town Square.
The following members of the public submitted speaker slips in support of Item No. 17, but
waived their right to speak:
Dori Radichel, Chula Vista resident, representing Concordia Lutheran Church
Rosie Pena, Chula Vista resident, representing Concordia Lutheran Church
Richard P. Travers, San Diego resident, representing Concordia Lutheran Church
Nancy Chase, Bonita resident, representing Concordia Lutheran Church
Cheri Whitt, Chula Vista resident, representing Concordia Lutheran Church
Herm Pena, Chula Vista resident, representing Concordia Lutheran Church
Melissa Salomon, Chula Vista resident
Jeffrey Jornlin, Chula Vista resident
Antonio S. Pachelo, Chula Vista resident, representing Concordia Lutheran Church
Bud Chase, Bonita resident, representing Concordia Lutheran Church
Doris DeCant, Imperial Beach resident, representing Concordia Lutheran Church
James Magnuson, San Diego resident, representing Concordia Lutheran Church
Robert 1. DeCant, Chula Vista resident, representing Concordia Lutheran Church
Fran Atwood, Imperial Beach resident, representing Concordia Lutheran Church
Conley Robinson, Bonita resident, representing Concordia Lutheran Church
Kent Carson, Chula Vista resident, representing Concordia Lutheran Church
Laura Partch, Chula Vista resident, representing Concordia Lutheran Church
Betty M. Pieters, Chula Vista resident
Kathleen Dibble
Melissa Partch, Chula Vista resident, representing Concordia Lutheran Church
Michelle Schmidt, Chula Vista resident
Timothy Gerdes, Chula Vista resident
William Whitt, Chula Vista resident, representing Concordia Lutheran Church
Page 12 - Council Minutes
February 5, 2008
PUBLIC HEARINGS (Continued)
There being no further members of the public who wished to speak, Mayor Cox closed the public
hearing.
Mayor Cox noted that staffhad submitted to the Council, a memorandum dated February 5, 2008
regarding comments received from residents of Windingwalk on Items 16 and 17, indicating
opposition to the items.
ACTION:
B.
c.
A.
Councilmember McCann moved to adopt the following Resolution Nos. 2008-
045,2008-046, and 2008-047, headings read, texts waived:
RESOLUTION NO. 2008-045, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA APPROVING AN AMENDMENT TO THE
OTAY RANCH VILLAGE ELEVEN SECTIONAL PLANNING AREA (SPA)
PLAN AND VILLAGE CORE MASTER PRECISE PLAN - BROOKFIELD
SHEA OT A Y PROJECT L.P.
RESOLUTION NO. 2008-046, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA APPROVING A REVISED TENTATIVE
SUBDIVISION MAP FOR THE OTA Y RANCH VILLAGE ELEVEN
SECTIONAL PLANNING AREA (SPA) PLAN - BROOKFIELD SHEA OTA Y
PROJECT L.P., CHULA VISTA TRACT 07-02
RESOLUTION NO. 2008-047, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA APPROVING THE PARCEL MAP
ADJUSTING THE LOT LINES OF LOT 10 AND LOT "B" OF CHULA VISTA
TRACT NO. 01-11, OTA Y RANCH VILLAGE 11 "A" MAP NO.2, MAP NO.
14780, WHICH ACCEPTS THE EASEMENT FOR PEDESTRIAN ACCESS
GRANTED ON SAID PARCEL MAP, AND VACATES EASEMENTS FOR
PEDESTRIAN ACCESS GRANTED PER DOCUMENT RECORDED
DECEMBER 28, 2005 AS DOCUMENT NO. 2005-1108997 AND GRANTED
PER MAP NO. 14780, RECORDED APRIL 30, 2004, BOTH OF OFFICIAL
RECORDS
Councilmember Castaneda seconded the motion and it carried 5-0.
17. CONSIDERATION OF AN APPEAL OF THE DECISION OF THE PLANNING
COMMISSION TO DENY CONDITIONAL USE PERMIT (PCC-07-064), AN
APPLICATION BY CONCORDIA LUTHERAN CHURCH TO DEVELOP A
CHURCH AND SCHOOL ON THE COMMUNITY PURPOSE FACILITY (CPF) SITE
IN OTA Y RANCH WINDINGWALK VILLAGE 11
Concordia Lutheran Church proposes a church, pre-school and elementary/middle school
on a 5.5-acre Community Purpose Facility (CPF) site in Otay Ranch Village 11. If an
amendment to the Sectional Planning Area (SPA) Plan and revisions to the Tentative
Map are approved, the 5.5-acre CPF site would become the focal point center of the
village instead of surrounding the Town Square Park (P-4), and the P-4 park would be
relocated to the northeast comer of Discovery Falls Drive and Windingwalk Street.
(Planning and Building Director)
Page 13 - Council Minutes
February 5, 2008
PUBLIC HEARINGS (Continued)
Planning and Building Director Sandoval gave a brief overview on the item, adding that staff
believed the safeguards in the conditional use permit would make the proposed project viable
and a benefit to the neighborhood.
Mayor Cox opened the public hearing. There being no further members of the public who
wished to speak, Mayor Cox closed the public hearing.
ACTION:
Councilmember McCann moved to adopt the following Resolution No. 2008-048,
heading read, text waived:
RESOLUTION NO. 2008-048, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA GRANTING THE APPEAL OF
CONDITIONAL USE PERMIT (PCC-07-064), REVERSING THE DECISION
OF THE PLANNING COMMISSION TO DENY THE CONDITIONAL USE
PERMIT (PCC-07-064), AND APPROVING CONDITIONAL USE PERMIT
(PCC-07-064) FOR THE DEVELOPMENT OF THE CONCORDIA
LUTHERAN CHURCH, PRE-SCHOOL, AND PRIVATE
ELEMENTARY/MIDDLE SCHOOL, LOCATED IN OTAY RANCH
WINDINGWALK VILLAGE II, AT THE TERMINUS OF BIRCH ROAD AT
DISCOVERY FALLS DRIVE
Deputy Mayor Rindone seconded the motion and it carried 5-0.
At 8:31 p.m. Mayor Cox announced a brief recess of the Council meeting.
The Council meeting reconvened at 8:43 p.m., with all members present, except for
Councilmember McCann who was absent from the dais. At this time, Mayor Cox announced
that the Council meeting would recess to convene the joint meetings of the City Council,
Redevelopment Agency, Housing Authority and Public Financing Authority.
Mayor Cox reconvened the Council meeting at 9:21 p.m. with all members present. Item 18 was
heard at this time.
ACTION ITEMS
18. CONSIDERATION OF ADOPTION OF RESOLUTION DIRECTING STAFF TO
IMPLEMENT TELEVISING OF CITY COUNCIL MEETINGS
Adoption of the resolution will direct staff to proceed with the steps necessary to televise
any meetings that are currently being streamed on the Internet, thus expanding the
process for live viewing by citizens who do not have computer access. During the
budgeting process for Fiscal Year 2007/2008, staff included approximately $2,000 to
fund the cost of material, equipment and labor needed for implementation. (Information
Technology Services Director)
Director ofInformation and Technical Services Vignapiano explained the proposed televising of
various meetings implementation.
Page 14 - Council Minutes
February 5, 2008
ACTION ITEMS (Continued)
Councilmember McCann did not view the proposed televising as a necessity, and requested that
the matter be postponed for the next budget cycle.
ACTION:
Mayor Cox moved to adopt the following Resolution No. 2008-049, heading read,
text waived:
RESOLUTION NO. 2008-049, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA DIRECTING STAFF TO PROCEED WITH
STEPS NECESSARY TO TELEVISE CITY COUNCIL MEETINGS AND
WHATEVER WORK SESSIONS, COMMISSION AND COMMITTEE
MEETINGS ARE APPROPRIATE
Councilmember Castaneda seconded the motion and it carried 4-1, with
Councilmember McCann voting no.
OTHER BUSINESS
19. CITY MANAGER'S REPORTS
City Manager Garcia reminded the Council of the upcoming Council Workshop on Thursday,
February 7, 2008 at 6:00 p.m., to discuss the Missing Infrastructure Management Program.
20. MAYOR'S REPORTS
A.
Ratification of the appointment of Susan 0' Shaughnessy to the Cultural Arts
Commission.
B.
Ratification of the appointment of Ricardo Balvaneda to the Design Review
Committee.
c.
Ratification of the appointment of Enrique Martinez to the Design Review
Committee.
ACTION:
Mayor Cox moved to approve the ratification of appointment of Susan
O'Shaughnessy, Ricardo Balvaneda, and Enrique Martinez to the Cultural Arts
Commission and Design Review Committee respectively. Councilmember
McCann seconded the motion and it carried 5-0.
Mayor Cox spoke with respect to Mr. Earl Jentz's height initiative, stating that it was important
to know the fiscal impact of the initiative on the City, and therefore, the Council subcommittee
believed that an independently conducted impartial fiscal analysis should be undertaken, with
referral to the City Manager.
Page] 5 - Council Minutes
February 5, 2008
OTHER BUSINESS (Continued)
Mayor Cox, on behalf of the Legislative Subcommittee, referred to the City Manager and City
Attorney, a request to present to the Council, an ordinance to be considered by the Council for
adoption, limiting the height of new construction on Third Avenue, between E Street and G
Street to three stories, requiring construction on that segment of property, to be consistent with
nationally-recognized green building standards. She added that this would be a pilot project
example of high quality urban living.
Mayor Cox also requested on behalf of the Legislative Subcommittee, that Council docket a
companion ballot item for the June 8, 2008 election. She stated that Council had expressed its
concern at the January 22, 2008 Council meeting regarding the consequences of the Jentz Height
Initiative on hospitals, particularly on Scripps Hospital. The Council Subcommittee concluded
that everyone deserved quality healthcare in well-equipped modern hospital facilities. Since the
last Council Meeting, concerns were also raised regarding the impact of the initiative on the
City's university, courthouses, and senior housing. The Subcommittee directed the City
Manager and City Attorney to draft for the Council's consideration, a companion ballot item that
addresses the unintended consequences of projects that almost everyone typically supports, such
as places of worship and higher education. Mayor Cox believed that everyone recognized that
guidelines for public safety, community and healthcare projects should contain standards that
require case-by-case analysis and are held to environmental scrutiny and public review.
Mayor Cox stated that the City received responses from the Public Utilities Commission and
California Independent Service Operators regarding the decision to demolish and decommission
the plant, and informing the community that the City did not have the ultimate authority to
demolish the plant, that such a decision would be that of the Public Utilities Commission.
Mayor Cox stated that the House of Blues was lining up candidates to begin seeking a new
sponsorship for the Chula Vista amphitheatre.
21. COUNCIL COMMENTS
Councilmember Ramirez encouraged everyone to vote. He then spoke about a recent meeting he
conducted during his public office hours that discussed the expansion of the peaker plant, and
reported that the group present at the meeting were strongly opposed to any expansion, citing
concerns about environmental impacts on the community.
Councilmember Castaneda referenced a letter he received from William Yancy regarding the
quick action taken by Public Works Supervisor, Joseph Burgos, who went above and beyond to
repair a recent sewage spill. Councilmember Castaneda extended his congratulations to Mr.
Burgos.
Page 16 - Council Minutes
February 5, 2008
.--.J
OTHER BUSINESS (Continued)
Councilmember McCann spoke about the recent Super bowl event and reminded everyone of the
significant benefits of retaining the San Diego Chargers in our region. He also offered to lend
his support on a financial analysis of the impact of the initiatives.
Deputy Mayor Rindone stated he also held public office hours and would be happy to
accommodate anyone who wished to meet with him. He then stated he attended a recent MMC
public hearing and believed that the California Energy Commission did address questions of the
community, and many of the concerns addressed were resolved. Deputy Mayor Rindone
commented on the January 31, 2008 investment report by Finance Director Kachadoorian, and
was pleased to note that no overall cash flow problems were anticipated for the next six months.
He then invited his colleagues to attend a reception to support retention of the San Diego Junior
Theatre locally. The reception was scheduled for February 8, 2008, at 5:30 p.m. at the San
Diego Junior Theatre.
The Council Meeting adjourned to closed session at 9:57 p.m.
CLOSED SESSION
Items 22, 24, and 25 were not discussed and no action was taken.
22. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO
GOVERNMENT CODE SECTION 54956.8
Property: Cable franchise for the right to operate and provide a cable television system
within the City (pertaining to public rights-of-way throughout the City of Chula Vista,
thereby creating possessory interests in real property pursuant to California Government
Code ~53066 and California Revenue and Taxation Code ~107.7).
Agency negotiators: Scott Tulloch and Michael Meacham.
Negotiating parties: City of Chula Vista; Ultronics, Inc. (Barbara AItbaurn); Nexhorizon
Communications (Kevin D. Smiley).
Under negotiation: Price and terms of payment for franchise conveyance.
23. CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9:
One case
ACTION:
Direction was given to legal Counsel to send a letter to Gerald Scott denying
Brown Act Claim.
Page 17 - Council Minutes
February 5, 2008
CLOSED SESSION (Continued)
24. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO
GOVERNMENT CODE SECTION 54956.8
Property: Assessor No. 644070 I 00
Negotiating Parties: Curt Noland, Jim Sandoval, Ann Moore
Under Negotiation: Price and Terms
25. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO
GOVERNMENT CODE SECTION 54956.8
Property: Assessor No. 644080 I 000
Negotiating Parties: Rob Cameron, Jim Sandoval, Ann Moore
Under Negotiation: Price and Terms
ADJOURNMENT
At 10:20 p.m., Mayor Cox adjourned the meeting to the Adjourned Regular Meeting of February
7,2008 at 6:00 p.m. in the Council Chambers.
~
.........--
Lorraine Bennett, CMC, Deputy City Clerk
Page 18 - Council Minutes
February 5, 2008