Loading...
HomeMy WebLinkAboutcc min 2008/05/27 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA May 27, 2008 6:00 P.M. A regular meeting of the City Council of the City of Chula Vista was called to order at 6:00 p.m. in the Council Chambers, located in City HalL 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Councilmembers: Castaneda (arrived at 6:02 p.m.), McCann, Ramirez, Rindone, and Mayor Cox ABSENT: Councilmembers: None ALSO PRESENT: City Manager Garcia, Senior Assistant City Attorney Miesfeld, Interim City Clerk Norris, and Records Manager Pharis PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY Deputy Mayor Rindone spoke about challenges related to retaining the San Diego Junior Theatre in Chula Vista. He then introduced Mr. Chris Lewis, who announced a proposed interim re- location of the theatre, to the Chula Vista Women's Club on G Street, and plans to raise funds for a permanent relocation to the Gateway Building. He stated that the first board meeting was scheduled for June 12,2008. Will Neblitt recognized the community for its leadership and work towards retaining the theatre in Chula Vista, and he thanked Deputy Mayor Rindone and Mr. Lewis for their efforts. Deputy Mayor Rindone spoke about potential partnerships with Southwestern College, the YMCA, and invitations to the elementary and high school districts. He stated that anyone interested in participating in the foundation, could contact him or Mr. Lewis. Additionally, he announced that the Board would be meeting the second and fourth Wednesday of each month, commencing July 11,2008. CONSENT CALENDAR (Items 1 through 4) Councilmember McCann stated he would be abstaining from voting on Item 2. 1. APPROVAL OF MINUTES of April 15, 2008. Staff recommendation: Council approve the minutes. 2. ORDINANCE NO. 3113, 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 (SECOND READING AND ADOPTION) Page 1 - Council Minutes May 27. 2008 CONSENT CALENDAR (Continued) 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 and a map identifYing very high fire hazard severity zones within Chula Vista. Adoption of the ordinance designates these zones as required by State law. This ordinance was introduced on May 20, 2008. (Planning and Building Director/Interim Fire Chief) Staff recommendation: Council adopt the ordinance. 3. ORDINANCE NO. 3114, 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 (SECOND READING AND ADOPTION) 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 carryon 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, $1 I.3 billion in property damage, and 89 firefighter deaths. Adoption of the ordinance will assist in the reduction of fire incidents within our City. This ordinance was introduced on May 20, 2008. (Interim Fire Chief). Staff recommendation: Council adopt the ordinance. 4. RESOLUTION NO. 2008-132, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE APPROPRIATION OF AN ADDITIONAL $195,000 FROM THE AVAILABLE BALANCE IN THE CITY'S HOME INVESTMENT PARTNERSHIP PROGRAM (HOME) FUNDS, APPROVING THE FIRST AMENDMENT TO THE LANDINGS LOAN AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND CIC LANDINGS, L.P. INCREASING THE LOAN AMOUNT BY $180,000, AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE FIRST AMENDMENT TO THE LANDINGS LOAN AGREEMENT AND ALL OTHER NECESSARY LOAN DOCUMENTS TO PROVIDE THE ADDITIONAL FINANCIAL ASSISTANCE FOR THE DEVELOPMENT AND OPERATION OF THE LANDINGS APARTMENTS (4/5THS VOTE REQUIRED) On August 7, 2007, the City of Chula Vista and CIC Landings, L.P. (CIC) entered into a Loan Agreement to provide $920,000 from the City's Investment Partnership Program (HOME) to assist in the construction of a 92-unit low-income apartment development, known as the Landings within the Winding Walk master planned community. To achieve compliance with Section 504 of the Rehabilitation Act of 1973, CIC is requesting an additional $180,000. Staff is also requesting an additional $15,000 to fund City costs related to loan underwriting, legal services, and environmental review. The total proposed City contribution to the Landings project is $1,155,000, which includes a $1,1 00,000 loan to CIC and $55,000 for City costs. (Assistant Director of Redevelopment and Housing) Staff recommendation: Council adopt the resolution. Page 2 - Council Minutes May 27, 2008 CONSENT CALENDAR (Continued) ACTION: Councilmember Ramirez moved to approve staffs recommendations and offered the Consent Calendar, headings read, text waived. Deputy Mayor Rindone seconded the motion and it carried 5-0, except Item 2, which carried 4-0- J, with Councilmember McCann abstaining. ITEMS REMOVED FROM THE CONSENT CALENDAR There were none. PUBLIC COMMENTS Jack Stanley, Chula Vista resident, spoke about the City's code enforcement actions in the southwestern region of the City. He stated that the current code enforcement policy created ill will, not goodwill, and he invited the City to participate in a dialogue to seek a goodwill resolution. Jose Preciado, Chula Vista resident, representing the South Bay Forum, suggested the Council create a comprehensive energy plan that would benefit the citizens of ChuJa Vista. The following members of the public spoke in opposition to the proposed expansion of the MMC Peaker Power Plant: Hugo Salazar, representing Environmental Health Coalition Javier Morena, Chula Vista resident Juan Ramos, Chula Vista resident Carina Lopez, ChuJa Vista resident C. Serrano, Chula Vista resident Carolina Ramos, Chula Vista resident Adela Garcia, Chula Vista resident Leo Miras, representing Environmental Health Coalition Diana Vera, Chula Vista resident, representing members of Neighborhood on Ancurza Way Carlos Lopez, Chula Vista resident Jaime Cueva, Chula Vista resident, representing the Environmental Health Coalition Margaret Tuite, Chula Vista resident Theresa Acerro, Chula Vista resident, representing Southwest Chula Vista Civic Association Ed Herrera, Chula Vista resident, representing Southwest Chula Vista Civic Association Josie Calderon, Bonita resident, spoke of the potential opportunity to upgrade the Peaker Power Plant to make it more efficient, and to work together to create a mitigation package to benefit the area. Parks Pemberton. Chula Vista resident, spoke about Memorial Day and cited a recent press release by the U.S. President. He spoke in support of Proposition E. Page 3 - Council Minutes May 27. 2008 PUBLIC COMMENTS (Continued) Nathan Moeder, San Diego resident, spoke with respect to the Gateway project stating that it was a classic example of how redevelopment was supposed to work. He spoke about the benefits of tax increment financing for the City. Don Kramer, San Diego resident, representing Gateway, read a letter for the record to City Manager Garcia regarding the Gateway project. He spoke of the many benefits the project had provided for the community including jobs, office space, parking, and tax increment. Jackie Lancaster, Chula Vista resident, spoke with respect to the Council Agenda Items 13 and 14, stating that the offenses warranted dismissal, and she asked that the laws be enforced. PUBLIC HEARINGS 5. CONSIDERATION OF WAIVING IRREGULARITIES FOR BID RECEIVED FOR THE EASTLAKE PARKWAY SEWER CONNECTION PROJECT (KY-709) PER CITY CHARTER SECTION 1009 This project involves the installation of approximately 350 lineal feet of 12-inch sewer pipe by means of tunneling under several large diameter water aqueducts and other utilities. This project will connect a gravity sewer that serves a substantial portion of the Eastlake Greens development to the Poggi Canyon Trunk Sewer, which, in turn, will allow the temporary Eastlake Parkway Sewage Lift Station to be decommissioned and removed upon completion of the gravity connection. (Engineering and General Services Director) Mayor Cox opened the public hearing. There being no members of the public who wished to speak, Mayor Cox closed the public hearing. ACTION: Counci1member Castaneda moved to adopt the following Resolution No. 2008- 133, heading read, text waived: RESOLUTION NO. 2008-133, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING IRREGULARITIES, ACCEPTING BIDS, AND AWARDING THE CONTRACT FOR THE EASTLAKE PARKWAY SEWER CONNECTION PROJECT (KY-709) TO TC CONSTRUCTION COMPANY IN THE AMOUNT OF $569,977 AND AUTHORIZING EXPENDITURE OF ALL AVAILABLE FUNDS IN THE PROJECT (3/5THS VOTE REQUIRED) Mayor Cox seconded the motion and it carried 5-0. ACTION ITEMS 6. CONSIDERATION OF THE ADOPTION OF A COUNCIL POLICY ESTABLISHING A SELF-IMPOSED RESTRAINT BY THE MAYOR AND COUNCILMEMBERS ON COMMUNICATIONS WITH PRINCIPALS OR AGENTS OF SIGNIFICANT AND COMPLEX PROJECTS Page 4 - Council Minutes May 27, 2008 I , J ACTION ITEMS (Continued) On occasion, the City is involved in sensitive discussions and negotiations on important projects. The unauthorized release of sensitive, partial or incorrect information may jeopardize the outcome of those talks and negotiations. Adoption of the proposed policy will provide the City Council with a protocol for self-imposed restraint regarding sensitive discussions and negotiations with principals on significant and complex projects. (City Manager) City Manager Garcia stated that the proposed policy was a result of a City Council referral, requesting that as a partner in the Gaylord project, the City consider a policy similar to one adopted by the Port District. Councilmember Castaneda commented that the proposed policy was excessive, and that he was more interested in understanding how the policy established by the Port affected or protected the process with Gaylord. ACTION: Deputy Mayor Rindone moved to table Item 6. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING A COUNCIL POLICY OF SELF-IMPOSED RESTRAINT BY THE MAYOR AND COUNCILMEMBERS ON COMMUNICATIONS WITH PRINCIPALS OR AGENTS OF SIGNIFICANT AND COMPLEX PROJECTS Councilmember Castaneda seconded the motion. Mayor Cox suggested an informal request to Port Commissioner Najera, requesting clarification on what the Port District Policy meant to them. It was the consensus of the Council to table Item 6. OTHER BUSINESS 7. CITY MANAGER'S REPORTS City Manager Garcia spoke with respect to the proposed Fiscal Year 2008/2009 budget, stating that the proposed budget was balanced, and would be considered at the second Council Meeting in June. 8. MAYOR'S REPORTS Mayor Cox announced the recent local openings of the Brigantine Restaurant. H & M Clothing, Best Buy, and DSW Shoe Warehouse. 9. COUNCIL COMMENTS Councilmember Ramirez spoke about a meeting with a constituent who reported fraudulent activities against him. Councilmember Ramirez stated that he and the constituent had submitted a report on the matter to the Police Department. Since that time, Councilmember Ramirez reported that a group of perpetrators were apprehended and were facing charges for fraudulent activities regarding home foreclosures. He thanked the constituent who made initial contact with him on the issue, and also thanked the Police Department for its efforts. Page 5 - Council Minutes May 27, 2008 COUNCIL COMMENTS (Continued) Councilmember Castaneda reminded everyone to vote on Election Day, June 3, 2008. He also congratulated the recent Southwestern College graduates. With respect to Memorial Day, he reminded everyone to keep those who gave their lives to the country in their thoughts. He announced that the Public Safety Subcommittee meeting was scheduled for May 28, 2008, 10:00 a.m., at Chula Vista Police Department Community Room. Deputy Mayor Rindone spoke of the importance of the presence of School Resource Officers at schools and was pleased to know that the program would continue. He commented on Memorial Day services that honored the fallen men and women who had made the ultimate sacrifice. Councilmember McCann congratulated the graduates of Southwestern College, and he thanked the Fleet Reserve Association for the Memorial Day ceremony. The Council recessed to Closed Session at 7:51 p.m. CLOSED SESSION 10. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b) Three (3) cases No reportable action was taken on this item. II. PUBLIC EMPLOYEE APPOINTMENT PURSUANT TO GOVERNMENT CODE SECTION 54957 City Attorney No reportable action was taken on this item. 12. CONFERENCE WITH NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 54957.6 City Negotiators: City Council and City Attorney This item was not discussed. CLOSED SESSION (Continued) 13. PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE PURSUANT TO GOVERNMENT CODE SECTION 54957 No reportable action was taken on this item. 14. PUBLIC EMPLOYEE PERFORMANCE EVALUATION PURSUANT TO GOVERNMENT CODE SECTION 54957 Title: City Manager No reportable action was taken on this item. Page 6 - Council Minutes May 27, 2008 ADJOURNMENT At 10:55 p.m., Mayor Cox adjourned the meeting to the Regular Meeting of June 3, 2008 at 4:00 p.m. in the Council Chambers. ~im'dM . J~MA) Donna Norris, Interim!City Clerk Page 7 - Council Minutes May 27, 2008