HomeMy WebLinkAbout2008/03/11 Item 1
DRAFT
MINUTES OF A REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF CHULA VISTA
February 19,2008
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 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
. OATH OF OFFICE
Ricardo Balvaneda to the Design Review Committee
Interim City Clerk Norris administered the oath of office to Mr. Balvaneda and Deputy Mayor
Rindone presented him with a certificate of appointment.
. PRESENTATION BY MAYOR COX OF A PROCLAMATION TO ROY JENNESS,
EXALTED RULER/PRESIDENT AND SAM WAYCHOFF, LOYAL
KNIGHT/SECOND VICE-PRESIDENT AND AMERICANISM COMMITTEE
CHAIRMAN OF THE CHULA VISTA ELKS LODGE NO. 2011, PROCLAIMING
FEBRUARY 16 THROUGH FEBRUARY 22, 2008 AS NATIONAL PATRIOTISM
WEEK IN THE CITY OF CHULA VISTA
Mayor Cox read the proclamation and Councilmember Ramirez presented it to Roy Jenness and
Martin Barros.
. ACCEPTANCE AND PRESENTATION OF THE FIRE CHIEF'S MAGAZINE GOLD
A WARD BY INTERIM FIRE CHIEF JAMES GEERING FOR THE DESIGN OF
CHULA VISTA FIRE STATION 8 AND RECOGNITION OF PARTIES INVOLVED
IN MAKING THE PROJECT SUCCESSFUL: JEFF KATZ, ARCHITECT, RENE
OLIVO, RUDOLF SLETTEN, BILL OSTROM, EASTLAKE; DOUG MANSFIELD
ARCHITECT, AND GENERAL SERVICES DIRECTOR GRIFFIN AND HIS STAFF
Interim Fire Chief Geering spoke about the City's achievement of the Gold Award given by Fire
Chief Magazine, for design of Chula Vista Fire Station 8. He also recognized and thanked the
key players involved with the success of the project, and presented them each with a replica of
the Gold Award plaque.
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DRAFT
SPECIAL ORDERS OF THE DAY (Continued)
. PRESENTATION BY DUANE ESKIERKA (VEOLIA TRANSPORTATION
REGIONAL VICE-PRESIDENT) AND JEANNE SNYDER (VEOLIA REGIONAL
GENERAL MANAGER) OF CHULA VISTA TRANSIT'S DRIVER OF THE YEAR
AWARD TO NICOLAS PLIEGO, VEOLIA TRANSPORTATION IS THE CITY OF
CHULA VISTA'S TRANSIT CONTRACTOR UNDER OUR JOINT PARTNERSHIP
WITH THE METROPOLITAN TRANSIT SYSTEM
Transit Manager Trujillo introduced Veolia Regional Vice President, Duane Eskierka, and
Veolia Regional General Manager, Jeanne Snyder. Mr. Eskierka then recognized Chula Vista
Transit's Driver of the Year, Nicolas Pliego, and Deputy Mayor Rindone presented him with the
award.
. INTRODUCTION BY YELENA FELDMAN, MANAGER COMMUNITY AND
GOVERNMENT AFFAIRS, SAN DIEGO WORKFORCE PARTNERSHIP, ON THE
WORK THEY PROVIDE THE COMMUNITY
Ms. Feldman talked about the San Diego Workforce Partnership, a non-profit organization that
offers employment and education opportunities for people of all backgrounds and education
levels. She then highlighted some of the key services and programs offered by the Partnership,
and stated she could be reached at 6 I 9/228-2956 or velena@workforce.org.
CONSENT CALENDAR
(Items I and 2)
Councilmember Castaneda stated that he would be abstaining from voting on Item 2. Mayor
Cox then announced that Items I and 2 would be taken separately.
I. APPROVAL OF MINUTES of the Regular Meeting of January 22, 2008, and the
Adjourned Regular Meeting of the City Council and Special Meetings of the
Redevelopment Agency and Public Financing Authority of January 22, 2008.
Staff recommendation: Council approve the minutes.
ACTION:
Councilmember Castaneda moved to approve staffs recommendation and offered
Consent Item I, heading read, text waived. Councilmember McCann seconded
the motion and it carried 5-0.
2. WRITTEN COMMUNICATIONS
Memorandum from Councilmember Steve Castaneda requesting an excused absence
from the City Council Workshop Meeting of February 7, 2008.
Staff recommendation: Council excuse the absence.
Page 2 - Council Minutes
February 19, 2008
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DRAFT
CONSENT CALENDAR (Continued)
ACTION:
Mayor Cox moved to approve staff's recommendation and offered Consent Item
2. Councilmember McCann seconded the motion and it carried 4-0-1, with
Councilmember Castaneda abstaining.
ITEMS REMOVED FROM THE CONSENT CALENDAR
There were none.
PUBLIC COMMENTS
Ned Ardagna spoke as a follow-up to his comments at a recent Council Meeting with respect to
the Community Strengthening Plan, and the Western Chula Vista revitalization plan. He stated
that the Community Strengthening Plan and the competing Castle Park Appearance Program
were on a collision course, and that trust and goodwill between the City and the residents would
be the casualty if the programs proceeded. He expressed the need for street repairs, assets
management, halting City-introduced blight, and to have the City force contractors to do a
reasonable job in the City. He stated that he recently attended the Community Strengthening
Program focus group, and expressed concern that the primary focus was on low income people,
and he stated that businesses such as restaurants, retailers, and automotive industries also needed
to be represented in the community group. He referenced correspondence from the City's Code
Enforcement division to the Castle Park residents with respect to code violations, stating that
enforcement would not be necessary if there was respect and trust by the City towards its
residents.
Councilmember Ramirez expressed his commitment towards making a difference in the Castle
~ark neighborhood and meeting with the community to address the City's code enforcement
Issues.
City Manager Garcia talked about the City's efforts to improve the quality of life for
neighborhoods by removing blighting influences, many of which were on private property,
stating that this was an important function of the City's code enforcement. He stated that staff
was particularly committed to working with the Castle Park neighborhood to improve their
quality oflife.
Deputy Mayor Rindone stated that the process undertaken by staff to work towards improving
the quality of life in all neighborhoods couId be accomplished in a compassionate manner.
Councilmember Castaneda believed that instead of having a fleet of code enforcement staff in
the Castle Park neighborhood, the City should have a fleet of staff repairing the streets, stating
that the City needed to work in partnership with neighborhoods. Furthermore, that he would be
working closely with staff to begin to build trust in the neighborhoods, and to have staff commit
to doing the right thing with respect to City property.
Mayor Cox stated that the City was interested in helping the southwest community, and
introduced Assistant Planning Director Lytle who provided the residents present at the meeting
with invitations to attend a series of civic engagement events, and encouraged them to contact
staffinember Lytle for further information.
Page 3 - Council Minutes
February 19, 2008
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DRAFT
PUBLIC HEARINGS
Mayor Cox announced that Item 3 would be cancelled at the request of staff. The Public Hearing
was not held and no action was taken.
3. CONSIDERATION OF THE ADOPTION OF AN ORDINANCE ESTABLISHING A
WESTERN TRANSPORTATION DEVELOPMENT IMPACT 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 1-805. A similar
program is proposed for Western Chula Vista, to be called the Western Transportation
Development Impact Fee (WTDIF) Program. This item was continued from the meeting
of February 5, 2008. (Engineering and General Services Director)
Staff recommendation: Council cancel the public hearing and re-advertise at a future
date.
ACTION ITEMS
4. CONSIDERATION OF AMENDMENTS TO CHULA VISTA MUNICIPAL CODE
SECTION 14.20.110 RELATING TO STORM WATER MANAGEMENT; SECTION
15.04.018 REGARDING DISCHARGE CONTROL, EXCAVATION, GRADING,
CLEANING, GRUBBING, AND FILLS; APPROVAL OF THE CITY OF CHULA
VISTA JURISDICTIONAL URBAN RUNOFF MANAGEMENT PROGRAM,
DECEMBER 2007, AND CITY OF CHULA VISTA DEVELOPMENT STORM
WATER MANUAL, JANUARY 2008
On January 24, 2007, the San Diego Regional Water Quality Control Board (Regional
Board) adopted a new National Pollutant Discharge Elimination System (NPDES)
Municipal Permit, Order No. R9-2007-0001 (New Permit). The New Permit requires the
eighteen cities of San Diego County, the San Diego Unified Port District, the San Diego
County Regional Airport Authority, and the County of San Diego (Copermittees) to
review and upgrade their storm water, grading and other relevant ordinances and
standards, as necessary, to comply with the more stringent requirements of the New
permit. Each Copermittee is also required to update their Jurisdictional Urban Runoff
Management Program (JURMP) and other relevant program documents and standards by
March 24, 2008 in order to be in compliance with the New Permit. Adoption of the
submitted ordinances and resolutions, accomplish these requirements for the City.
(Public Works Director)
Principal Civil Engineer Ammerman presented the Storm Water Management Program Update,
and the City's obligations of new requirements under the Regional Water Quality Control Board.
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February 19, 2008
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DRAFT
ACTION ITEMS (Continued)
Scott Molloy, representing the Building Industry Association, thanked staff for their
development of the new storm water manual and working with the Association on various issues.
He expressed concern about how the new regulations would affect approved projects or projects
that had already undergone extensive design, and was hopeful that staff would work with the
applicants to develop a feasible compliance alternative or an exemption. He also expressed
concern with low impact development, recommending that a geotechnical professional approve
any infiltration areas and the provide assurance of health and safety. He spoke in support of
regional collaboration to seek solutions with respect to the new regulations.
Councilmember Ramirez was hopeful that staff would continue to work with recyclers to ensure
continued compliance with storm water regulations. He supported regional efforts to discuss the
new regulations.
Councilmember McCann questioned whether staff had pursued funding by the Regional Water
Quality Board or the State. Public Works Director Byers responded that all of the San Diego
County Co-committees were proceeding through the State for unfunded mandates by the State.
ACTION:
C.
D.
Councilmember Ramirez moved to place the following ordinances on first reading
and adopt Resolution Nos. 2008-060 and 2008-061, headings read, texts waived.
A.
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING SECTION
14.20.110 OF THE CHULA VISTA MUNICIPAL CODE AND ADDING
SECTION 14.20.125 RELATING TO "STORM WATER MANAGEMENT
AND DISCHARGE CONTROL" (FIRST READING)
ORDINANCE OF THE CITY OF CHULA VISTA ADDING SECTION
15.04.018 TO THE CHULA VISTA MUNICIPAL CODE RELATING TO
"EXCAVATION, GRADING, CLEARING, GRUBBING AND FILLS" (FIRST
READING)
RESOLUTION NO. 2008-060, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA APPROVING THE "CITY OF CHULA VISTA
JURISDICTIONAL URBAN RUNOFF MANAGEMENT PROGRAM
(JURMP), DECEMBER 2007"
RESOLUTION NO. 2008-061, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA APPROVING THE "CITY OF CHULA VISTA
DEVELOPMENT STORM WATER MANUAL, JANUARY 2008" AND
AUTHORIZING THE CITY ENGINEER TO EXECUTE "STORM WATER
MANAGEMENT FACILITIES MAINTENANCE AGREEMENTS" ON
BEHALF OF THE CITY
B.
Deputy Mayor Rindone seconded the motion and it carried 5-0.
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February 19, 2008
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DRAFT
ACTION ITEMS (Continued)
5. CONSIDERATION OF QUARTERLY FISCAL STATUS REPORT FOR THE
QUARTER ENDED DECEMBER 31,2007
In accordance with Chula Vista Charter Section 504(f), the Fiscal Status Report covering
the Second Quarter of Fiscal Year 2007/2008 is submitted for approval. (Finance
Director)
City Manager Garcia spoke about the financial condition and deterioration of the City's budget.
He then introduced Finance Director Kachadoorian who presented the second quarter General
Fund Update.
Mayor Cox stated that the four South Bay Mayors recently met with Senator Ducheny and asked
her, as head of the Budget Committee for the State Senate, to monitor with her colleagues, any
new legislation this year that would cost money, and only look as legislation that would save
money.
Councilmember McCarm believed that the City's assessed home value of 10 percent should be
lowered to almost zero for future forecasting.
Deputy Mayor Rindone directed City Manager Garcia to share with the public the next steps
proposed to be implemented to balance the City's budget shortfalls. City Manager Garcia
explained the immediate administrative freeze to cease spending on all discretionary items that
would cover the period of February through June 2008.
ACTION:
Mayor Cox moved to accept the report. Councilmember Ramirez seconded the
motion and it carried 5-0.
At 7:28 p.m., Mayor Cox recessed the Council Meeting to convene the Joint Meeting of the City
Council and Redevelopment Agency. Mayor Cox reconvened the City Council Meeting at 7:33
p.m., with all Councilmembers present.
OTHER BUSINESS
6. CITY MANAGER'S REPORTS
City Manager Garcia suggested, and it was the consensus of the Council, to re-schedule the
Budget Workshop of March 6, 2008, to April 3, 2008 at 6:00 p.m. Mayor Cox requested that
City Manager Garcia place any urgent matter that may arise prior to the April 3rd workshop, on a
regular Council agenda. City Manager Garcia then informed the Council that the April 3, 2008
workshop was originally scheduled for a report to Council from the auditor regarding other post
employee benefits. He stated that staff would come back and poll the Council to reschedule this
workshop.
7. MAYOR'S REPORTS
There were none.
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February 19, 2008
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DRAFT
OTHER BUSINESS (Continued)
8. COUNCIL COMMENTS
Deputy Mayor Rindone requested that staff contact the City's representative for the Airport
Authority, Jack Miller, to provide the Council with an update of the Airport Master Plan and any
other airport issues.
The City Council recessed to go into Closed Session at 7:40 p.m.
CLOSED SESSION
9. 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 S53066 and California Revenue and Taxation Code S107.7).
Agency negotiators: Scott Tulloch and Michael Meacham.
Negotiating parties: City of Chula Vista; Ultronics, Inc. (Barbara Altbaum); Nexhorizon
Communications (Kevin D. Smiley).
Under negotiation: Price and terms of payment.
No reportable action was taken on this item.
10. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION
PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a)
I. Deanna Morv. et al. v. Citv of Chula Vista. et aI., United States District Court, Case
No. 06 CV 1460 JLS (BLM)
2. Deanna Morv. et al. v. Citv ofChula Vista et aI., United States District Court, Case
No. 07-CV-0462 JLS (BLM)
3. Arsino Spatafore v. Citv of Chula Vista. et al., United States District Court, Case No.
07CVI887 BEN (LSP)
No reportable action was taken on this item.
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February 19, 2008
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DRAFT
CLOSED SESSION (Continued)
11. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGA TroN
PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a)
Ruiz, Daniel & Briahana v. Nathan A. Walker, et al., San Diego Superior Court, Case
No. GIS26710
Farr, Elizabeth Kelly v. City of Chula Vista, San Diego Superior Court, Case No. 37-
2008-00068165-CU-OE-SC
Gechter, Jack v. City ofChula Vista, San Diego Superior Court, Case No. GIS22609
Sidock, Adele v. The City of Chula Vista, San Diego Superior Court, Case No. GIS
15970
Doss, Angela v. City ofChula Vista, San Diego Superior Court, Case No. GIS28616
Huynh, Christine v. City ofChu1a Vista, San Diego Superior Court, Case No. 37-2007-
00081425-CU-P A-CTL
Morales, Christian v. City of Chula Vista, United States District Court, Case No.
07CV0186 JM(WMc)
Fuentes, Gerardo v. City of Chula Vista, San Diego Superior Court, Case No. GIS
21769
Espino, Felix v. City of Chula Vista, et al., United States District court, Case No.
05CV2321 WQH(POR)
Lopez, Sergio v. City of Chula Vista et al., United States District Court, Case No.
07CV1271.WQH.BLM
No reportable action was taken on this item.
12. CONFERENCE WITH LEGAL COUNSEL REGARDING INITIATION OF
LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(c)
Three Cases
No reportable action was taken on this item.
ADJOURNMENT
At 8:50 p.m., Mayor Cox adjourned the meeting to the Regular Meeting of February 26, 2008 at
6:00 p.m. in the Council Chambers.
~
Lorraine Bennett, CMC, Deputy City Clerk
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February 19, 2008
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