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HomeMy WebLinkAboutcc min 2008/05/20 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA May 20, 2008 6:00 P.M. A regular meeting of the City Council of the City of Chula Vista was called to order at 6:03 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 . OATHS OF OFFICE Anthony San Nicolas to the Commission on Aging Mikki Zbikowski to the Commission on Aging Interim City Clerk Norris administered the oath of office to Anthony San Nicolas, and Deputy Mayor Rindone presented him with a certificate of appointment. Ms. Zbikowski was not present at the meeting. CONSENT CALENDAR (Items I through 7) Councilmember Ramirez stated he would be abstaining from voting on Item 2, Councilmember McCann stated he would be abstaining from voting on Item 7, and Deputy Mayor Rindone stated he would be abstaining from voting on Item 4. Item 3 was removed from the Consent Calendar for discussion by Deputy Mayor Rindone. With respect to Item 4, Mayor Cox noted an amendment to the item on the dais, and a letter to the Mayor and Council, dated May 20, 2008. She also recognized Mrs. Barbara Altbaum, who was present at the meeting. I. APPROVAL OF MINUTES of April 8, 2008. Staff recommendation: Council approve the minutes. 2. WRITTEN COMMUNICATIONS Memorandum from Councilmember Rudy Ramirez requesting an excused absence from the City Council Meeting of May 13,2008. Staff recommendation: Council excuse the absence. Page 1 . Council Minutes May 20, 2008 CONSENT CALENDAR (Continued) 3. This item was removed from the Consent Calendar. 4. RESOLUTION NO. 2008-128, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CONSENTING TO THE ASSIGNMENT OF CHULA VISTA CABLE, LTD., FRANCHISE AGREEMENT TO NEXHORIZON BROADBAND OF SOUTHERN CALIFORNIA, INC. Subject to City Council approval, Chu1a Vista Cable Ltd. is transferring ownership of its cable operations and infrastructure within the City of Chula Vista to NexHorizon Broadband of Southern California Inc., (NexHorizon). The franchise agreement between the City and Chula Vista Cable requires that the franchisee obtain City Council approval prior to assigning the franchise. Adoption of the resolution authorizes the assignment. (Conservation and Environmental Services Director) Staff recommendation: Council adopt the resolution. 5. RESOLUTION NO. 2008-129, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A PARCEL MAP THAT PROPOSES TO VACATE TWO PUBLIC DRAINAGE EASEMENTS WITHIN PARCEL I AND PARCEL 2 OF PARCEL MAP NO. 19498 In January 2004, the Design Review Committee approved an application for a medical office complex located at 955 through 973 Lane Avenue in Eastlake Business Center I. The owner of the property, Otay Lakes Partners, LLC, is requesting that the City approve a parcel map and vacate two drainage easements enclosed within the property. The two drainage easements are no longer needed since the temporary drainage system that served the property has been replaced by the permanent storm drain system. (Engineering and General Services Director) Staff recommendation: Council adopt the resolution. 6. RESOLUTION NO. 2008-130, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A BUDGET TRANSFER FROM THE EXISTING SOUTHWESTERN CHULA VISTA STREET IMPROVEMENTS PROJECT (STL-306) TO FIRST AVENUE IMPROVEMENTS BETWEEN NAPLES STREET AND PALOMAR STREET (STL-303) AS NECESSARY TO COMPLETE THE PROJECT, REJECTING THE LOWEST BID AND APPROVING THE SECOND LOWEST BID, AND A WARDING THE CONTRACT FOR THE "FIRST AVENUE IMPROVEMENTS BETWEEN NAPLES STREET AND PALOMAR STREET IN THE CITY OF CHULA VISTA, CALIFORNIA (STL-303)" PROJECT (4/5THS VOTE REQUIRED) On April 30, 2008, the Director of Engineering and General Services received sealed bids for the project. The work to be done consists of sidewalk improvements and related street work along First A venue between Naples Street and Palomar Street in the City of Chula Vista. The work also includes all labor, material, equipment, transportation, protection and restoration of existing improvements and traffic control necessary for the project as shown on the drawings. (Engineering and General Services Director) Staffrecommendation: Council adopt the resolution. Page 2 - Council Minutes May 20, 2008 CONSENT CALENDAR (Continued) 7. ORDINANCE OF THE CITY OF CHULA VISTA DESIGNATING VERY HIGH FIRE HAZARD SEVERITY ZONES AS RECOMMENDED BY THE DIRECTOR OF THE CALIFORNIA DEPARTMENT OF FORESTRY AND FIRE PROTECTION AS DESIGNATED ON MAPS MAINTAINED IN THE OFFICE OF THE CITY CLERK (FIRST READING) Pursuant to Government Code Section 51179, the City must designate by ordinance, very high fire hazard severity zones in its jurisdiction within 120 days of receiving recommendations from the Director of Forestry and Fire Protection. The City received the Director's recommendations in the form of a map identifying very high fire hazard severity zones within Chula Vista. Adoption of the ordinance designates these zones as required by State law. (Planning and Building Director/Interim Fire Chief) Staff recommendation: Council hold first reading of the ordinance. ACTION: Councilmember Castaneda moved to approve staffs recommendations and offered the balance of Consent Calendar (1, 2, and 4- 7), headings read, text waived. Councilmember Ramirez seconded the motion and it carried 5-0, except Item 2, which carried 4-0-1, with Councilmember Ramirez abstaining; Item 4, which carried 4-0-1 with Deputy Mayor Rindone abstaining; and Item 7, which carried 4-0-1, with Councilmember McCann abstaining. ITEMS REMOVED FROM THE CONSENT CALENDAR 3. RESOLUTION NO. 2008-127, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE CLOSURE OF THIRD AVENUE FROM "E" STREET TO "G" STREET ON JUNE 8, 2008 FROM 4:00 A.M. UNTIL 7:00 P.M. FOR THE DEWALT THIRD AVENUE VILLAGE GRAND PRIX CALIFORNIA BIKE RACING STATE CRITERIUM CHAMPIONSHIPS, APPROVING AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND BIG RING RACING FOR THE SPECIAL EVENT, AND APPROPRIATING $2,095 TO THE FISCAL YEAR 2008/2009 POLICE DEPARTMENT PERSONNEL BUDGET BASED UPON UNANTICIPATED REVENUES Big Ring Racing, in conjunction with the Third Avenue Village Association, is requesting the closure of Third Avenue and portions of other streets for the DeWalt Third Avenue Village Grand Prix California Bike Racing State Criterium Championships, a professional cycling event, on Saturday, June 8th, 2008. (Communications Director) Staff recommendation: Council adopt the resolution. Deputy Mayor Rindone requested assurance from staff that there would be no issues regarding full cost recovery for Police services at the event. Communications Director Pursell responded that a number of meetings had been conducted between the event organizers and the City to resolve potential issues. ACTION: Deputy Mayor Rindone moved to adopt Resolution No. 2008-127, heading read, text waived. Councilmember Castaneda seconded the motion and it carried 5-0. Page 3 - Council Minutes May 20, 2008 ACTION ITEMS Deputy Mayor Rindone abstained from Item 8, and left the dais at 6:18 p.m. 8. CONSIDERATION OF APPROVAL OF A LAND OFFER AGREEMENT BETWEEN THE CITY AND OV THREE TWO, LLC; JJJ & K INVESTMENTS TWO, LLC; AND RR QUARRY, LLC FOR CONVEYANCE OF 160 ACRES TO THE CITY FOR UNIVERSITY /REGIONAL TECHNOLOGY PARK DEVELOPMENT One of the key goals of the Chula Vista General Plan is the development of a UniversityIRegional Technology Park. Successful implementation of the Land Offer Agreement would complete the land acquisition necessary to accomplish this goal through the receipt by the City of 160 acres (100 acres net) of developable land. (Planning and Building Director) Planning and Building Director Sandoval gave an overview of the Land Offer Agreement. Rob Cameron, representing IPB Development, spoke in support of the proposed resolution. ACTION: Councilmember McCann moved to adopt Resolution No. 2008-131, heading read, text waived. RESOLUTION NO. 2008-131, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE MAYOR TO ENTER INTO A LAND OFFER AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND OV THREE TWO, LLC; JJJ & K INVESTMENTS TWO, LLC; AND RR QUARRY, LLC FOR CONVEYANCE OF 160 ACRES TO THE CITY FOR UNIVERSITY/REGIONAL TECHNOLOGY PARK DEVELOPMENT, AND ACKNOWLEDGING THE OFFER OF DEDICATION Counci1member Ramirez seconded the motion and it carried 4-0-1, with Deputy Mayor Rindone abstaining. RECESS TO A RECEPTION FOR UNIVERSITY PARK AND RESEARCH CENTER PARTNERS AT APPROXIMATELY 6:45 P.M. At 6:42 p.m., Mayor Cox recessed the City Council Meeting for a reception to recognize the University Park and Research Center partners. The Council reconvened at 7:25 p.m., with all Councilmembers present. PUBLIC COMMENTS Parks Pemberton spoke about a recent study by the City regarding Proposition E, stating that conducting the study was wrong. He asked that the politics stop and the community be represented as a whole. Page 4 - Council Minutes May 20, 2008 PUBLIC COMMENTS (Continued) Peter Watry, Chula Vista resident, referenced a controversial growth management initiative in the City of San Marcos that would require a vote by the public to change most land use designations in the City's General Plan. He cited a quotation by San Marcos Mayor Desmond regarding the City's inability to use public funds to campaign against the initiative. Mr. Watry questioned how Chula Vista could use public funds to campaign against Proposition E. Connie Mihos, Chula Vista resident, expressed concern that elected leaders and Third Avenue businesses participated in the "No on E" campaign, which she stated had made malicious attacks against Earl Jentz. Theresa Acerro, Chula Vista resident, representing the Southwest Chula Vista Civic Association, agreed with Ms. Mihos, and stated that the campaign created animosity. She also stated that the City's permitting and business license process was cumbersome, and spoke of the need for a small business support system by the City. Deputy Mayor Rindone suggested Ms. Acerro contact the Chamber of Commerce, which could assist small businesses. ACTION ITEMS (continued) 9. CONSIDERATION OF AMENDMENT TO TITLE 9 OF THE CHULA VISTA MUNICIPAL CODE TO ADD A CHAPTER PROHIBITING THE RETAIL SALE AND/OR DISTRIBUTION OF NOVELTY LIGHTERS The City must continue to address our nation's fire problem. A ban on the sale of novelty lighters will produce an immediate measurable effect in the reduction of property loss caused by fires, deaths, and injuries - especially to children. A "Nationwide Call to Action" began years ago and must carry on today. In 2006, the National Fire Protection Association published that 1,642,500 fires were reported in the United States, up 3% from 2005; that equated to 3,245 civilian fire deaths, 16,400 civilian fire injuries, $11.3 billion in property damage, and 89 firefighter deaths. Adoption of the ordinance will assist in the reduction of fire incidents within our City. (Interim Fire Chief). Interim Fire Chief Geering introduced Fire Marshal Gipson and Jim Floros, Executive Director, San Diego Bum Institute. Chief Geering then presented the scope and background of the prohibition of sale and/or distribution of novelty lighters. Mr. Floros addressed the issues associated with the sale and distribution of novelty lighters, providing examples of the potential hazards, and spoke about children being attracted to the lighters, and the potential danger to them. Derrick Roach, Chula Vista resident, thanked the Council for its previous action in approving the University Land Offer Agreement, then withdrew his opposition to the proposed ordinance and gave his support for the item. Page 5 - Council Minutes May 20, 2008 ACTION ITEMS (Continued) Councilmember Castaneda spoke of the need for public outreach and education on the dangers associated with novelty lighters, and suggested working with the Chamber of Commerce and the Neighborhood Market Association to get the word out. Deputy Mayor Rindone asked staff whether a plan existed to address code violations by vendors at special events. Chief Geering responded that fire inspectors were present at most events to look for fire code violations. Additionally, the Fire Department would be partnering with the Police Department for additional enforcement. Deputy Mayor Rindone asked, and staff confirmed, that School Resource Offices would also be included in the enforcement task force, both at the elementary and secondary school levels. Councilmember Ramirez asked whether or not staff had considered a buy-back program on novelty lighters. Interim Fire Chief Geering responded that such a program had not been considered, but was something that staff could discuss. ACTION: Councilmember Castaneda moved to place the following ordinance on first reading, heading read, text waived: ORDINANCE OF THE CITY OF CHULA VISTA AMENDING TITLE 9 OF THE CHULA VISTA MUNICIPAL CODE BY ADDING CHAPTER 9.23, SECTIONS 9.23.010 THROUGH 9.23.060 TO PROHIBIT THE SALE AND/OR DISTRIBUTION OF NOVELTY LIGHTERS (FIRST READING) Councilmember Ramirez seconded the motion and it carried 5-0. Mayor Cox also suggested outreach on the issue through the League of California Cities, Southern Division. OTHER BUSINESS 10. CITY MANAGER'S REPORTS City Manager Garcia noted that in response to a prior Council referral, an inventory of City- owned property and disposition recommendations from staff had been distributed to the Council. 11. MAYOR'S REPORTS Mayor Cox thanked and commended Councilmember Ramirez for his organization and kick-off of the International Friendship Games. She announced the success of the recent Eastlake Cycle event, benefiting the Eastlake Educational Foundation. She spoke about the conclusion of the Citizens Leadership Academy II program, with a combined total of 60 community members who participated in the first and second Leadership Academies. She also spoke about the recent land offer agreement, stating that it would provide an extraordinary opportunity for Chula Vista. Page 6 - Council Minutes May 20, 2008 J 12. COUNCIL COMMENTS Councilmember Ramirez spoke about the success of the recent International Friendship Games, thanked Mayor Cox for her attendance at the event, and stated that it provided an opportunity to showcase the City as an international destination, and an opportunity for local youth to experience the Olympic Training Center. He stated that plans were underway for a second International Friendship Games. He spoke with respect to a recent Council referral and subsequent special study about Proposition E, clarifying that it was not his referral, and that he would have spoken against the referral. He recently attended a Mastering Negotiations class in Boston, stating that he would be sharing what he learned with City staff. Mayor Cox clarified that the Council referral to staff regarding Proposition E, was from the Legislative Subcommittee and was conducted during a regular Council Meeting with all Councilmembers present. Councilmember Castaneda spoke about his recent visit to Castle Park High School to observe a design course prograrn for students, supported by Vera Howell, in conjunction with Turner Construction, which offered students the opportunity to learn design skills. He recognized Ms. Howell and the students on a job well done. He announced the upcoming free Music in the Park summer concert series commencing June 8th, and he encouraged the community to access the City's website for a schedule of events. With respect to Council referrals to staff, Councilmember Castaneda requested that City Manager Garcia bring back suggestions to create a policy to address how direction given from the Council is conveyed to staff, and how decisions are made to expend funds. City Manager Garcia responded that he welcomed the opportunity to bring back a policy on Council referrals. Councilmember McCann congratulated the Eastlake Educational Foundation on the success of the recent cycle event. He hoped everyone would take the time to honor veterans on Memorial Day on May 26th, and invited all to attend the services at Chapel of the Roses at Glen Abbey or the VFW. Deputy Mayor Rindone announced that at a recent meeting of the San Diego Association of Governments (SANDAG) Transportation Committee meeting, for which he is a member, he made a motion, with unanimous support from the Committee members, to support SANDAG's recommendation to go forward in applying for state funding for grade separation of the E and H street trolley stations, which would significantly improve transportation in the City. He stated that he would be making an announcement regarding the San Diego Junior Theatre at the May 27th Council Meeting. At 8:24 p.m., the Council convened in Closed Session. CLOSED SESSION 13. PUBLIC EMPLOYMENT PURSUANT TO GOVERNMENT CODE SECTION 54957 Title: City Attorney No reportable action was taken on this item. Page 7 - Council Minutes May 20, 2008 CLOSED SESSION (Continued) 14. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b) 2 cases No reportable action was taken on this item. 15. PUBLIC EMPLOYEE DISCIPLINEIDISMISSAL/RELEASE PURSUANT TO GOVERNMENT CODE SECTION 54957 No reportable action was taken on this item. ADJOURNMENT At II :55 p.m., Mayor Cox adjourned the meeting to the Regular Meeting of May 27, 2008 at 6:00 p.m. in the Council Chambers. ~ Lorraine Bennett, CMC, Deputy City Clerk -~ <----- Page 8 - Council Minutes May 20, 2008