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HomeMy WebLinkAboutcc min 2008/02/19 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 Clrief 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. 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 619/228-2956 or velenarwworkforce.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 staff's 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 CONSENT CALENDAR (Continued) ACTION: Mayor Cox moved to approve staffs 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 oflife in all neighborhoods could 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 J 9, 2008 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 I-80S. 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. Page 4 - Council Minutes February 19, 2008 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. Page 5 - Council Minutes February 19, 2008 ACTION ITEMS (Continued) 5. CONSIDERATION OF QUARTERLY FISCAL STATUS REPORT FOR THE QUARTER ENDED DECEMBER 31,2007 In accordance with Chu1a 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 McCann 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. Counci1member 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. Page 6 - Council Minutes February 19, 2008 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 953066 and California Revenue and Taxation Code 9107.7). Agency negotiators: Scott Tulloch and Michael Meacham. Negotiating parties: City of Chula Vista; Ultronics, Inc. (Barbara Altbaum); Nexhoriwn 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 Mory. 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. City ofChula Vista. et aI., United States District Court, Case No. 07-CV-0462 JLS (BLM) 3. Arsino Spatafore v. Citv ofChula Vista. et aI., United States District Court, Case No. 07CV1887 BEN (LSP) No reportable action was taken on this item. Page 7 - Council Minutes February 19, 2008 CLOSED SESSION (Continued) I I. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) Ruiz, Daniel & Briahana v. Nathan A. Walker, et al., San Diego Superior Court, Case No. GIS267IO Farr, Elizabeth Kelly v. City of Chula Vista, San Diego Superior Court, Case No. 37- 2008-00068 I 65-CU-OE-SC Gechter, Jack v. City ofChula Vista, San Diego Superior Court, Case No. GIS22609 SMock, 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 of Chula Vista, San Diego Superior Court, Case No. 37-2007- 00081 425-CU-PA-CTL Morales, Christian v. City of Chula VISta, United States District Court, Case No. 07CVOl86 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. 07CVI271.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. ------~ "-7 Lorraine Bennett, CMC, Deputy City Clerk Page 8 - Council Minutes February 19, 2008