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HomeMy WebLinkAbout2008/10/21 Item 1 DR.'\FT MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA August 12,2008 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: None ALSO PRESENT: City Manager Garcia, Interim City Attorney Miesfeld, 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 Catherine Johnson to the Safety Commission Lilia Meza to the International Friendship Commission Emma Abutin to the Human Relations Commission Interim City Clerk Norris administered the oath of office to Commissioners Catherine Johnson and Lilia Meza. Deputy Mayor Rindone then presented them with certificates of appointment. Ms. Abutin was not present auhe meeting. . INTRODUCTION BY AYA IBARRA, CHAIRPERSON OF THE INTERNATIONAL FRIENDSHIP COMMISSION OF EXCHANGE STUDENTS FROM ODA W ARA, JAPAN: ERIKO WATANABE, RISA MINAKUCHI, HARUKA TAKE, MIKU NISHIYAMA; AND CHULA VISTA YOUTH AMBASSADORS: JERIDEL 10 BANKS, KELSEY HOFFMAN, JASON HUTTON AND CHRISTOPHER POMBROL International Friendship Commission Chair Aya Ibarra introduced visiting Odawara exchange students and the Chula Vista Youth Ambassadors. Each of the visiting students and the Chula Ambassadors described their experiences in Chula Vista and Japan respectively. Chair Ibarra also introduced International Friendship Commission members Lilia Meza, Misty Tienken, and Rebecca Kelly. CONSENT CALENDAR (Items I through 4) Councilrnember McCann stated that he would be abstaining from voting on Item lA, and Item 3 was removed from the Consent Calendar for discussion by Councilmember Ramirez. Page 1 - Council Minutes August 12, 2008 /1).-/ DAAFT CONSENT CALENDAR (Continued) 1. WRITTEN COMMUNICATIONS A. Memorandum from Councilmember John McCann requesting an excused absence from the City Council Meeting of August 5, 2008. Staff recommendation: Council excuse the absence. 2. INVESTMENT REPORT FOR QUARTER ENDED JUNE 30, 2008 The quarterly investment report provides information on various cash balances, investment transactions and the status of the pooled investment portfolio in accordance with the Government Code Section 53646 and the Council Investment Policy adopted on February 12,2008. (Finance Director) Staff recommendation: Council accept the report. 3. Item 3 was removed from the Consent Calendar. 4. ORDINANCE OF THE CITY OF CHULA VISTA ADOPTING AMENDMENTS TO CHULA VISTA MUNICIPAL CODE 8.25.095 RECYCLING - CONSTRUCTION ANTI DEMOLITION DEBRIS RECYCLING (FIRST READING) On July 8, 2008, Council directed staff to review the performance deposit structure for the Construction and Demolition Debris R~cycling Program and return with modifications that would have less impact on applicants. (Public Works Director) Staff recommendation: Council hold first reading of the ordinance. ACTION: Mayor Cox moved to approve staffs recommendations and offered the balance of the Consent Calendar, Items 1, 2 and 4, headings read, text waived. Deputy Mayor Rindone seconded the motion and it carried 5-0, except Item lA which carried 4-0-1, 'With Councilmember McCann abstaining. ITEMS REMOVED FROM THE CONSENT CALENDAR 3. MODIFICA nON TO AUDIT SUBCOMMITTEE At the City Council Workshop held on May 1, 2008, the City's auditors presented the Statement on Auditing Standards 114, requiring the establishment of an audit subcommittee for the City. During the workshop, the Mayor and Councilmember Ramirez were appointed for the duration of the Fiscal Year 2007/2008. Staff is now recommending the subcommittee be expanded to include all five Councilmembers for the purpose of communicating with the City's auditors regarding the City's audits. (Finance Director) Staff recommendation: Councilmembers. Council expand the subcommittee to include all five Page 2 - Council Minutes August 12,2008 11/-;;.. DR.A.FT ITEMS REMOVED FROM THE CONSENT CALENDAR (Continued) Councilmember Ramirez clarified that it was not his intent that the subcommittee be expanded to include all five Councilmembers for the purpose of communicating with the City's auditors regarding the City's audits, but rather, that he would only agree to participate on the subcommittee if the meetings were conducted in a public forum. ACTION: Councilmember Ramirez moved to approve staffs recommendation and offered Item 3, heading read, text waived. Mayor Cox seconded the motion and it carried 5-0. PUBLIC COMMENTS Ed Herrera, Chula Vista resident, requested that the Council enact a moratorium on the MMC Peaker Plant Proposal and retract its letter to the California Energy Commission, in order to conduct a public forum on the matter. . The following members of the public spoke in opposition to the MMC Peaker Power Plant: Jenny Huerta, San Diego resident, representing Environmental Health Coalition Caroline Ramos, Chula Vista resident Sharon Ward, Chula Vista resident Jaime Esquivel, Chula Vista resident Carlos Lopez, Chula Vista resident, representing Chula Vistans for Social Justice Alissa Calderon, Chula Vista resident Joy Willianls, National City resident, representing Environmental Health Coalition Ruth Heifetz, San Diego resident, representing Environmental Health Coalition Maria Moya, Chula Vista resident, representing Environmental Health Coalition Juan Rodriguez, Chula Vista resident Theresa Acerro, Chula Vista resident, representing South West Chula Vista Civic Association Graciela Martinez Leo Miras, representing Environmental Health Coalition Ruth Estrada, Chula Vista resident Carina Lopez, Chula Vista resident Diana Vera, Chula Vista resident Hugo Ivan Salazar, Chula Vista resident Guillermo Lopez, Chula Vista resident, representing Health For Kids Paul Norton, Chula Vista resident Hza Nuno, Chula Vista resident Andrea Hernandez, Chula Vista resident Andrea Limon, Chula Vista resident Steven C. Pavka, Chula Vista resident The following members of the public did not speak, but submitted speaker cards indicating their opposition to the MMC Peaker Power Plant: Page 3 - Council Minutes August 12, 2008 /11 --:3 D RA.FT Amalia Salazar, Chula Vista resident Gregg Morales, San Diego resident, representing the Mexican American Political Association, San Diego County David E. Davis, Chula Vista resident, representing the South West Chula Vista Civic Association Micah Mitrosky, San Diego resident, representing the Sierra Club Smart Energy Solutions Campaign Bianca Jara, Chula Vista resident Arturo B. Solis, Chula Vista resident Lynda Gilgun, Chula Vista resident The following members of the public spoke in support of the MMC Peaker Power Plant: Harry Scarbrough, representing MMC Energy Cindy Gompper Graves, Poway resident, representing South County Economic Development Commission Lisa Cohen, Chula Vista resident, representing the Chula Vista Chamber of Commerce spoke of the need for the community to come together to address the issues of power and water in the region, to get the facts, seek new technologies, and move forward. Councilmember Ramirez requested that the MMC Peaker Power Plant matter be placed on a Council Agenda soon in order for the public to receive the infonnation presented to the Council in a previous Closed Session. PUBLIC HEARING 5. CONSIDERA. nON OF APPLICA nON FOR APPEAL - MELROSE ORANGE UNOCAL 76, INe. Kamal Habib Nona, owner of Melrose Orange Unocal 76, Inc. has appealed the Chula Vista Police Department's finding that an alcoholic beverage license would not serve Public Convenience or Necessity. (Police Chief) Police Chief Emerson introduced the item and Captain Miranda presented an overview of the licensing process. Freddy Garmo, attorney representing the applicant, asked that the Council reverse the Police Department's decision to deny the request. He submitted petitions containing approximately 715 signatures indicating support of the Alcoholic Beverage Control (ABC) license, and letters of support from Charles E. Wisneski, Chula Vista resident, and the Neighborhood Market Association. Steve Habib, Chula Vista resident and applicant, spoke in support of the approval of the ABC license, stating that the business was in a convenient location for public access, and that the owners had undertaken proactive measures to maintain a safe and clean community. John Habib, Chula Vista resident and store manager (applicant representative), spoke in support of approval of the ABC license, stating that the business offered a convenient location and friendly service for its patrons. Page 4 - Council Minutes III ~'f August 12, 2008 DRAFT PUBLIC HEARING (Continued) Mayor Cox opened the public hearing. Jack Meng, Chula Vista resident and manager of the 7/11 store located next door to the Melrose Avenue Unocal 76, stated that the applicant's request for an ABC license was unnecessary, and that there were currently three existing businesses in the area selling alcoholic beverages. He also stated that should the Council reverse staff s recommendation to deny the ABC license, it would permit other businesses to follow suit. He submitted a petition signed by community members opposed to the applicant's request for an ABC license. Ronald G. Allan was opposed to an ABC license request by the applicant, stating that there were sufficient businesses in the area currently selling liquor. He believed that less access to liquor would help prevent drinking-related issues. There being no further members of the public who wished to speak, Mayor Cox closed the public hearing. Discussion ensued between the Council regarding the applicant's request for an ABC license. ACTION: Deputy Mayor Rindone moved to adopt the following Resolution No. 2008-201, heading read, text waived:. A. RESOLUTION NO. 2008-201, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AFFIRMING THE DECISION OF THE CHIEF OF POLICE DENYING At'! ALCOHOLIC BEVERAGE LICENSE AT 1495 MELROSE AVENUE (MELROSE ORANGE UNOCAL 76, INe.) DUE TO LACK OF PUBLIC CONVENIENCE OR' NECESSITY Mayor Cox seconded the motion and it carried 4-1, with Councilmember McCann voting no. No action was taken on the following resolution: B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA REVERSING THE DECISION OF THE CHIEF OF POLICE DENYING AN ALCOHOLIC BEVERAGE LICENSE AT 1495 MELROSE AVENUE (MELROSE ORANGE UNOCAL 76, INC.) DUE TO LACK OF PUBLIC CONVENIENCE OR NECESSITY OTHER BUSINESS 6. CITY MANAGER'S REPORTS City Manager Garcia spoke about his participation in an emergency conference call from the League of California Cities to all the cities in the State, regarding the status of the State budget proposal. He then introduced Government Relations Liaison Carnevale, who reviewed the primary areas discussed during the conference call, including the vulnerability of property tax increment that supports Redevelopment Agency programs and projects, and the likelihood that the State would borrow money from the City's Proposition lA and Proposition 42 funds, resulting in a potential loss of $6.3 million dollars to the City this fiscal year. She stated that the Page 5 - Council Minutes / IT' 5" August 12,2008 DRAFT OTHER BUSINESS (Continued) League of California Cities strongly suggested that Councilmembers contact their individual legislators, making it clear that continuing to use local revenues to balance the State budget was fiscally irresponsible. She stated that since the Educational Revenue Augmentation Fund (ERAF) shift by the State in 1991, the City had lost over $52 million dollars to the State. City Manager Garcia suggested that staffinember Carnevale coordinate with the Councilmembers to schedule phone calls to local legislators on the issue within the next few days. 7. MA YOR'S REPORTS . Ratification of appointments to the Youth Action Council. ACTION: Mayor Cox moved for the re-appointments and new appointments of the fo llowing Youth Action Council Members: Re-Appointments: Yazmin De Saracho, Hilltop High Kate Googins, Academy of Our Lady of Peace Matt Hoffinan, High Tech High Johnny Flores, Bonita Vista High John Tessitore, Bonita Vista High New Appointments: Mariana De Saracho, Hilltop High Astrid Lamprecht, Bonita Vista High Alan "Miles" Mellor, Eastlake High Ariana Perfecto, Academy of Our Lady of Peace Stacy Moreno, Hillt\>p High Deputy Mayor Rindone seconded the motion and it carried 5-0. Mayor Cox explained that the issue of MMC was turned over to the California Energy Commission (CEC), which would be the decision-maker, and that the City had filed as an intervener on MMC's application. She stated that the Air Pollution Control District correspondence referred to during public comments, along with a report received by the Chula Vista Elementary School District, indicated that what was emitted was so insignificant, no mitigation was needed. Mayor Cox stated that staff was doing what it could within its limited authority through the CEC-led process, to address community issues. To that end, she stated that staff would be available to address questions or concerns by the community on the matter, and that she would not support a public hearing on the matter. Mayor Cox announced the recent opening of Oggi's Pizza, located in the Winding Walk Shopping Center. 8. COUNCIL COMMENTS Deputy Mayor Rindone spoke regarding the MMC Peaker Plant and the comments by Councilmember Ramirez on the matter, stating that a hearing was in fact conducted by the CEC at the Recreation Center located in southeast Chula Vista, at which time citizen concerns about health-related issues were carefully analyzed and responded to, with assurances of no additional health risks created by the current proposal. He congratulated Henry's Market on its 18th anniversary celebration, the Bonita Professional Association on their successful fundraiser event, and Third Avenue Village Association (T A V A), for a successful Lemon Festival. Page 6 - Council Minutes /Il~ " August 12,2008 DRAFT OTHER BUSINESS (Continued) Councilmember McCann thanked the Bonita Business and Professional Association for its kick. off fundraiser, and T A V A for the successful Lemon Festival. He spoke about the passing of Terry Strauwald, and was hopeful that the City would find some way of honoring his service to the City. He extended his thoughts and prayers to Terry's family. Councilmember Ramirez echoed some of the sentiments by the Council about Terry Strauwald, who he considered to be an exemplary representative of his union group and a pleasure to work with. He extended his condolences to Terry's family and to those employees who knew him well. He suggested that in addition to his recent request to recognize community volunteers Peter Watry and Frank Roseman for their contributions to the City, that John Willett also be recognized. He also requested that the City Manager come back as soon as possible with an update on the City's revenue projections. City Manager Garcia responded that staff had been tracking the revenues closely and was in the process of estimating losses associated with the Utility Users' Tax, as well as with the largest issue being what happens in Sacramento. With respect to the MMC Peaker Plant, Councilmember Ramirez requested City Manager Garcia to place the matter on a Council Agenda as soon as possible, in order to discuss the matter in public, and for a vote of the Council as to whether or not to rescind the letter. Mayor Cox recessed the meeting to Closed Session at 8:43 p.m. CLOSED SESSION 9. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b): Three cases. Case I ACTION: Councilmember McCann moved to authorize Mayor Cox to execute the Wal-Mart Defense and Indemnification Agreement. Deputy Mayor Rindone seconded the motion and it carried 4-1, with Councilmember Castaneda voting no. Case 2 No action was taken on this item. Case 3 ACTION: Councilmember Ramirez moved to authorize outside counsel (Steve Quintanilla) to discuss Council Member Castaneda's fee request. Councilmember McCann seconded the motion and it carried 3-0-2, with Mayor Cox and Councilmember Castaneda abstaining. ADJOURNMENT At 10:30 p.m., Mayor Cox adjourned the meeting in memory of Terry Strauwald, to the Regular Meeting of September 9, 2008 at 6:00 p.m. in the Council Chambers. ~ ~ .--- Lorraine Bennett, CMC, Deputy City Clerk Page 7 - Council Minutes August 12,2008 /11 - 7 DRAfT MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA September 9, 2008 6:00 P.M. A Re[!ular meetin[! of the City Council of the City of Chula Vista was called to order at 6:0] p.m. i;; 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: None ALSO PRESENT: City Manager Garcia, Interim City Attorney Miesfeld, 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 - YOUTH ACTION COUNCIL Ariana Perfecto - Academy of Our Lady of Peace Astrid Lamprecht - Bonita Vista High Alan "Miles" Mellor - Eastlake High Mariana De Saracho and Stacy Moreno - Hilltop High Deputy City Clerk Bennett administered the Oaths of Office to Youth Action Council members Lamprecht, Mellor and De Saracho, and Deputy Mayor Rindone presented them with certificates of appointment. Ariana Perfecto was not present at the meeting. . PRESENTATION BY STEVE EASTIS OF THE THIRD AVENUE VILLAGE ASSOCLA TION OF A CHECK TO THE CHULA VISTA ANIMAL CARE FACILITY IN THE AMOUNT OF $] ,000 FOR PROCEEDS OF PET FEST 2008 Steve Eastis presented Councilmember McCann with a $1,000 check, who accepted it on behalf of the City's animal care facility. Public Works Director Griffin gave an overview of the PestFest event, stating that the donation would be used towards supplies for the recently renovated medical treatment room, and he thanked the Third A venue Village Association for its continued support. . PRESENTATION BY DR. GANDARA OF THE S\VEETWATER UNION HIGH SCHOOL DISTRlCT AND DR. BILLINGS OF THE CHULA VISTA ELEMENTARY SCHOOL DISTRlCT ON THE BENEFITS OF A PROPOSED COMMON CALENDAR FOR BOTH DISTRlCTS' SCHOOLS Karen Janney, Assistant Superintendent, Sweetwater Union District, presented the Common Calendar concept. Dr. Lowel Billings further explained the many benefits - of a Common Calendar. Dr. Jesus Gandara stated that the Common Calendar was scheduled to be presented to the respective boards for approval. Page 1 - Council Minutes September 9, 2008 //3 -/ DR.A..FT SPECIAL ORDERS OF THE DAY (Continued) · PRESENT ATION BY RECREATION DIRECTOR MARTIN, PRINCIPAL PLANNER PONSEGGI AND ASSOCIATE PLA.NNER TESSITORE-LOPEZ ON THE OT A Y VALLEY REGIONAL PARK Parks and Recreation Director Martin introduced Principal Planner Ponseggi and Associate Planner Tessitore, who presented an overview of the Otay Valley Regional Park (OVRP) projects since 1990, including the OVRP greenbelt and Joint Exercise of Powers Agreement between the Cities of Chula Vista and San Diego. and County of San Diego. Staffrnember Ponseggi discussed future trail system projects in th~ City, and staffmember Tessitore discussed the OVRP's next steps that included trails and pedestrian/equestrian staging, federal grants, and volunteer park clean-up activities. Councilmember McCann thanked staff for the presentation, commended them on the production of the park brochure, and looked forward to working towards the addition of more trails in the eastern portion of the park. Councilmember Ramirez asked, and staff confirmed, that completion of the next phase of new trail systems was scheduled for completion by December of 2009. He asked about the nun1ber of calls for service in the OVRP. Staff responded, stating that the data would be forwarded to him. Additionally, staff was working collaboratively with the Police Department, the City of San Diego, and the Sheriff s Office regarding calls for service, and providing the Rangers with a direct link to the emergency dispatch system. Mayor Cox joined her colleagues in commending staff on their collaborative work on the OVRP, stating that the City stood to share up to 50 million dollars in grant funding, and that she looked forward to an update on the OVRP within the next year. . . PRESENTATION BY LIBRARY DIRECTOR BROWDER OF THE CHULA VISTA PUBLIC LIBR.A..RY'S SUMMER READING PROGR.'\M HONOREES: NEIL KOTIKAWATTE AND QUINTIN KING FOR THE CIVIC CENTER BRANCH; PALOMA MORENO AND ADAM MEDINA FOR THE SOUTH BRA.NCH; AND BIANCA COVARRUBIAS AND ELIZABETH BROWN FOR THE EASTLAKE BR.A..NCH Library Director Browder introduced the 2008 Summer Reading Program, stating that there were over 4,600 children and teens who had participated in the program. Senior Librarians Taylor and Whatley introduced the program honorees, and Director Browder presented them with certificates of achievement CONSENT CALENDAR (Items 1 through 11) Counci1member Castaneda stated that he would be abstaining from voting on Items 9 and 10, due to the proximity of his residence to community facilities. Mayor Cox stated she would be abstaining from voting on Item 8, due to the proximity of her residence to the Open Space distri cts. 1. APPROVAL OF MINUTES of July 8, July 10, and July 15, 2008. Staff recommendation: Council approve the minutes. Page 2 - Council Minutes September 9, 2008 /6 ~ .).. D Ri\FT CONSENT CALENDAR (Continued) 2. \VRITTEN COMMUNICATIONS A. Memorandum from Councilmember Steve Castaneda requesting an excused absence from the City Council Workshop of August 7, 2008. Staff recommendation: Council excuse the absence. B. Letter of resignation from David Turner, member of the Board of Appeals and Advisors. Staff recommendation: Council accept the resignation and direct the City Clerk to post the vacancy in accordance with Maddy Act requirements. 3. ORDINANCE NO. 3118, ORDINANCE OF THE CITY OF CHULA VISTA ADOPTING AMENDMENTS TO CHULA VISTA MUNICIPAL CODE 8.25.095 RECYCLING - CONSTRUCTION A.ND DEMOLITION DEBRIS RECYCLING (SECOND READING AND ADOPTION) At Council direction, staff revised the deposit structure for the Construction and Demolition Debris Recycling program. Adoption of the ordinance amends the Chula Vista Municipal Code regarding construction and demolition debris recycling. This ordinance was first introduced on August 12, 2008. (Public Works Director) Staff recommendation: Council adopt the ordinance. 4. RESOLUTION NO. 2008-202, RESOLUTION'OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING CHANGE ORDERS ASSOCIATED WITH cm 08-1 AND cm 13-1 FOR THE OTA Y RA.NCH COMPANY FOR THE CONSTRUCTION OF LA MEDIA ROAD A.ND SANTA LUNA STREET SERVING OTA Y RANCH VILLAGES 6 AND 7 Otay Ranch submitted a payment request for reimbursement from Community Facilities Districts (CFD) 08-1 and 13-1 bond proceeds for change orders related to the construction of La Media Road and Santa Luna Street serving Otay Ranch Villages 6 and 7. Adoption of the resolution approves payment of change orders totaling $167,274.23 from the CFD 08-1 and CFD 13-1 bond proceeds. (City Engineer/Engineering Director) Staff recommendation: Council adopt the resolution. 5. RESOLUTION NO. 2008-203, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN EASEMENT DEED GRANTING AN EASEMENT OVER PORTIONS OF CITY OWNtD LAND TO REGULO PLACE APARTMENT INVESTORS, LLC FOR MONUMENT SIGNAGE PURPOSES, REVOKING ENCROACHMENT PERMIT NO. PE-283, ANTI AUTHORIZING THE CITY CLERK TO RECORD A CERTIFIED COPY OF THIS RESOLUTION AS NOTICE OF THE REVOCATION Page 3 - Council Minutes September 9, 2008 /6-3 D Ri\FT CONSENT CALENDAR (Continued) Regulo Place Apartments Investors, LLC are the new o\Vners of the Marbrisas Apartment complex located at the intersection of East "H" Street and Regulo Place. At the time of purchase, the new owners approached the City regarding purchasing easements for existing monument signs. These signs are currently located on City-owned property under an encroachment permit issued in 1990. Adoption of the resolution revokes the encroachment permit and authorizes the deeding over of the portions of land for the monument signs. (City Engineer/Engineering Director) Staff recommendation: Council adopt the resolution. 6. RESOLUTION NO. 2008-204, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE CLOSURE OF RANCHO DEL REY PARKWAY BETWEEN TERRA. NOVA DRIVE AND DEL REY BOULEVARD FOR THE 29TH ANNUAL ORANGE CRA..TE DERBY FROM 6:00 A.M. ON SATURDAY, SEPTEMBER 13, 2008 UNTIL 6:00 P.M. ON SUNDAY, SEPTEMBER 14, 2008 AND APPROVING AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND BONITA V ALLEY LIONS CLUB FOR THE DERBY Adoption of the resolution approves the request of the Bonita Orange Crate Derby Committee of the Bonita Valley Lions Club for temporary street closure on Rancho Del Rey Parkway, September 13 and 14, 2008 to conduct their 29th Annual Orange Crate Derby. (Police Chief) Staff recommendation: Council adopt the resolution. 7. RESOLUTION NO. 2008-205, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE ADOPTION OF THE 2006 STANDARD SPECIFlCA TIONS FOR PUBLIC WORKS CONSTRUCTION "GREENBOOK", THE 2006 GREENBOOK REGIONAL SUPPLEMENTS AND THE 2006 CHULA VISTA STANDARD SPECIAL PROVISIONS In 2006, the "Standard Specifications for Public Works Construction", commonly known as the "Greenbook", was revised to reflect changes in technologies, specifications, and performance tests for the construction industry. Staff has revised the City of Chula Vista Standard Special Provisions to reflect changes made in the 2006 Greenbook as well as to add specifications needed specifically for our City's construction needs. (Public Works Director) Staffrecommendation: Council adopt the resolution. 8. RESOLUTION NO. 2008-206, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA A WARDING LANDSCAPE MAINTENANCE CONTRACTS TO AZTEC LANDSCAPING IN THE A.IvlOUNT OF $16,000 FOR THE LANDSCAPE MAINTENANCE OF OPEN SPACE DISTRICT 3 AND TO RC'S LANDSCAPE IN THE AMOUNT OF $53,310 FOR THE LANDSCAPE MAINTENANCE OF OPEN SPACE DISTRICT 11 FOR THE PERIOD OF AUGUST 1, 2008 THROUGH JUNE 30, 2009, A.ND AUTHORIZING THE PURCHASING AGENT TO RENEW THE CONTRACTS FOR FOUR ADDITIONAL ONE YEAR PERIODS Page 4 - Council Minutes /6-4 September 9, 2008 DRi\FT CONSENT CALENDAR (Continued) The current landscape maintenance contractor for Open Space District 2 and Open Space District 11 is in default of their landscape maintenance contract. As a result, the second lowest bidders are being awarded the landscape maintenance contracts for these open space areas. (Public Works Director) Staff recommendation: Council adopt the resolution. 9. RESOLUTION NO. 2008-207, RESOLUTION OF THE CITY COuNCIL OF THE CITY OF CHULA VISTA APPROVING RECEIPT OF $7,100 IN DONATIONS FROM THE FRIENDS OF CHULA VISTA Pl.JZKS A..l'JD RECREATION AND AMENDING THE FISCAL YEAR 2009 RECREATION DEPARTMENT BUDGET BY i\PPROPRIATING $7,100 IN UNANTICIPATED REVENUE FROM THE DONATION (4/5THS VOTE REQUIRED) The Recreation Department received a donation of $7,100 from the Friends of Parks and Recreation, specifically designated to offset costs of the Department's eight-week, summer Fun, Fir & Free Days for youth program. The program is a series of fitness related activities held one or more times per week at nine recreation facilities and was implemented in response to local economic pressures affecting the community and the critical, societal need for increased emphasis on health and wellness programs. (Recreation Director) Staff recommendation: Council adopt the resolution. 10. RESOLUTION NO. 2008-208, RESOLUTION, OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE LICENSE AGREEMENT WITH THE SAN DIEGO JUNIOR THEATRE FOR USE OF THE CR.A.FT ROOM OF THE PARKWAY COMMUNITY CENTER AND THE CHULA VISTA WOMEN'S CLUB FOR CONDUCTING CHILDREN'S THEATER CLASSES A..l\!D CAMPS FROM SEPTEMBER 9, 2008 UNTIL SEPTEMBER 9, 2009 AND AUTHORIZING THE DIRECTOR OF RECREATION TO APPROVE TWO ONE-YEAR EXTENSIONS OF THE TERM OF THE LICENSE AGREEMENT UNTIL SEPTEMBER 9,2011 The San Diego Junior Theatre (SDJT) has provided performing arts classes and camps in Chula Vista since 2002. For nearly a year, City staff has been working to identify possible facilities that could accommodate the classes, camps and performances that the SDJT provides. In exchange for use of certain City facilities, the SDJT 'Will pay the City 25% of gross revenue eamed from registration fees and ticket sales for all Chula Vista classes and camps. Adoption of the resolution approves the license agreement. (Redevelopment and Housing Assistant Director, Recreation Director) Staff recommendation: Council adopt the resolution. 11. RESOLUTION NO. 2008-209, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING A DONATION FROM THE THIRD AVENuE VILLAGE ASSOCIATION IN THE AMOUNT OF $1,000 TO THE ANIMAL CARE FACILITY AND APPROPRIATING THE DONATED FUNDS (4/5THS VOTE REQUIRED) Page 5 - Council Minutes September 9, 2008 /6.-5' DRAFT CONSENT Cl,LENDAR (Continued) The Chula Vista Animal Care Facility received a donation in the amount of $1,000 from the Third A venue Village Association. The donation will be used to purchase necessary medical and laboratory supplies. Adoption of the resolution accepts and appropriates the donation. (Public Works Director) Staff recommendation: Council adopt the resolution. ACTION: Deputy Mayor Rindone moved to approve staffs recommendations and offered the Consent Calendar, Items I - II, headings read, text waived. Councilmember McCann seconded the motion and it carried 5-0, except Item 8, which carried 4-0- I, with Mayor Cox abstaining, and Items 9 and 10, which carried 4-0-1, with Councilmember Castaneda abstaining. ITEMS REMOVED FROM THE CONSENT CALENDAR There were none. Prior to the Public Comments portion of the agenda, Mayor Cox asked Recreation Director Martin to elaborate on Consent Item 9. Director Martin then introduced Chris Boyd, CEO, Sharp Chula Vista Medical Center, who explained that the Friends ofChula Vista Parks and Recreation Board members was comprised of a wide variety of community members, with a mission to fund programs with an emphasis on youth, and access to everyone. He reported that to date, the Board had raised and funded upward of $60,000 in recreation programs and equipment. He stated that the Board would be looking towards furtljer community partnerships to address overall health and wellness in the community. Additionally, since its implementation, the Fun, Fit & Free Days program had served upwards of 3,000 youth in the community. PUBLIC COMMENTS Duane Buckingham, President of the Chula Vista Rotary Club, talked about the organizations' community services and contributions. He invited everyone to attend the upcoming Rotary Wine Tasting fundraiser event on September 20, 2008, from 6:00 p.m. to 9:00 p.m., at the Otay Ranch Center. Guillermo Lopez, Chula Vista resident, stated that he had reported threats of crime, instituted a neighborhood watch program, yet no attention was given to the matter. He asked the City to rescind the letter of approval regarding the Peaker Power Plant in the fight against injustice and the health of future generations. Tanya Rovira-Osterwalder, Chula Vista resident, representing Healthy Eating and Active Communities (HEAC), thanked the Council for their support, collaboration and leadership demonstrated with the revitalization of Lauderbach Park. She spoke about the City's leadership with healthy active communities, and she asked the Council to consider the implementation of a Health and Wellness Commission in the City. Deputy Mayor Rindone responded to the comments by Ms. Rovira-Osterwalder, and requested staff to revisit his prior request to look at the establishment of a Health and Wellness Commission for consideration by the Council. Page 6 - Council Minutes September 9, 2008 / ~ -(p DRAFT PUBLIC COMMENTS (Continued) John Moot, Chula Vista resident, stated that on five occasions, the Council had convened in Closed Session to discuss payment oflegal criminal defense fees for Councilmember Castaneda, without notifying the public or asking the public's opinion as to whether or not it was an appropriate expenditure of public funds. He stated that in accordance with the City's Statutes for payment of criminal legal fees, the City was not required to pay the fees, and that the Elections Code allowed for the expenditure of legal defense fees, which would permit Councilmember Castaneda to pay his legal fees through his own campaign funding. He requested that the matter be re-agendized for public input. . Kevin O'Neill, Chula Vista resident, asked the Council to release to the public, Closed Session reports from outside counsel regarding Councilmember Castaneda's legal defense fees, and requested that a Council Workshop be conducted to discuss the matter publicly. Ervin Hillis, Chula Vista resident, expressed concern about trash from a nearby gas station being blown onto the neighborhood sidewalks and streets. He asked for the Council's assistance on the matter. The matter was referred to staff. Colleen Daley, Chula Vista resident, spoke about concerns with homelessness in her neighborhood and associated issues with the Re-Planet Recycling Center and Save-A-Lot Grocery store. She recommended that the City consider establishing a local homeless shelter. The matter was referred to staff. Diana Vera, Chula Vista resident, spoke about her opposition to the MMC Peaker Power Plant. She expressed concern about the proximity of the proposed plant to a park, a greenbelt, and residents. Theresa Acerro, Chula Vista resident, spoke in opposition to the MMC Peaker Power Plant. She expressed concern about the plant devaluing the properties in the proposed location, and stated that the proposal was not in compliance with the General Plan. Parks Pemberton, Chula Vista resident, spoke against a recent newspaper article that quoted the City as being "mired in despair", stating that in fact, the community was getting involved. He commended the Police Department for its quick response regarding an assault case in his neighborhood; he asked the Council to prevent employee layoffs; and suggested that Gaylord pay for the H Street feasibility study. He spoke of the need to focus on morals and ethics for conducting Ci ty business. ACTION ITEMS 12. CONSIDERATION OF SUPPORT FOR PUBLIC OUTREACH TO EXPLORE THE FEASIBILITY OF POTENTIAL AMENITY IMPROVEMENTS AND AFFORDABLE HOUSING DEVELOPMENT AT EUCALYPTUS PARK South Bay Community Services (SBCS) has approached Redevelopment and Housing staff with an interest in studying the feasibility of a conceptual plan to expand the YMCA facility, constmct affordable housing and more fully amenitize Eucalyptus Park. Staffis proposing that the Chula Vista Redevelopment Corporation enter into a six-month Exclusive Negotiating Agreement with SBCS to conduct public outreach to determine community interest. (Redevelopment and Housing Assistant Director) Page 7. - Council Minutes /13..7 September 9, 2008 DRAFT ACTION ITEMS (Continued) City Manager Garcia introduced the item, and Senior Project Coordinator Kurz presented the proposed conceptual plan by the 'YMCA and South Bay Community Services (SBCS), for amenity improvements and affordable housing development at Eucalyptus Park. Kathryn Lembo, San Diego resident, representing South Bay Community Services, talked about ways to enhance Eucalyptus Park, create more useable park space, and work collaboratively with the YMCA to expand the existing facility. She stated that SBCS would be looking for community input on how to make the park safer and more effective, and ways to bring a better YMCA facility to the location. Additionally, SBCS would be seeking financing options for the park improvements. Lisa Johnson, Chula Vista resident, representing the South Bay YMCA, thanked and applauded staff for their creative thinking on the feasibility study, and for offering collaborative _ opportunities between the City, YMCA and SBCS, including public outreach. She stated that a study done two years ago indicated that the YMCA was deficient in providing services to the community on the west side ofChula Vista. Peter Watry, Chula Vista resident, commented on the disproportionate parkland acreage between the east and the west side of the City, and spoke in opposition to a feasibility study to include construction of affordable housing in Eucalyptus Park. He suggested that the existing empty land east of the Kamplands of America (KOA) be dedicated as parkland as a way to increase parkland in the west. Councilmember Ramirez stated that he would not support construction of housing on parkland space. He suggested that staff work with SBCS to seek alternative land space, stating that park space must be preserved for future generations. Councilmember McCann asked, and staff confirmed, that there would be no impact to the general fund for staff time on public outreach regarding conceptual plans for Eucalyptus Park. He spoke in support of further exploration on the matter, including public outreach, open dialogue, and potential collaborative efforts. Depury Mayor Rindone spoke of the need for expansion of the YMCA on the west side. He suggested seeking ways to enhance the YMCA in Eucalyptus Park, including public participation. He was supportive of expansion of the YMCA, but could not support affordable housing for the park. Councilmember Castaneda stated that he would not be supportive of housing on public parkland. He spoke of the need to vet with the public, whether or not there was adequate existing affordable housing in the west. He did not believe that placing housing on Eucalyptus Park would address problems of crime and public safety in the park. He was supportive of exploring ways to expand the YMCA in Eucalyptus Park. Ms. Lembo clarified that it was not the plan by SBCS to build housing on parkland, but rather, consideration of additional housing to be built on top of the YMCA. Ms. Johnson added that part of the YMCA's vision was to establish a built-in workforce by providing work opportunities for students in transitional housing. Page 8 - Council Minutes September 9, 2008 //3-f DRAFT ACTION ITEMS (Continued) Mayor Cox spoke in support of public outreach by SECS and the YMCA on the matter, the importance of preserving public parkland, and expanding its access by assisting those in need of housing that would include seniors and foster children. Kevin O'Neill, Chula Vista resident, asked the Council to address the matter on a broad scale, and to seek ways to make it work before pulling the plug.. Councilmember Castaneda stated he could not support the proposed feasibility and conceptual plan for the YMCA expansion and affordable housing in Eucalyptus Park without further vetting between staff, the YMCA and SECS, and suggested that the item be brought back with a clearer picture for public outreach and staff resources. Mayor Cox suggested that within one or two months, the applicants return to present public outreach plans to the Council. ACTION: Mayor Cox moved to adopt the proposed Resolution. Deputy Mayor Rindone seconded the motion. Councilmember Ramirez suggested that staff work with SBCS to find an alternate site for affordable housing. ACTION: Councilmember McCann moved to proceed with looking at the proposed concept plan, and to adopt the proposed Resolution as amended, to delete the text "at Eucalyptus Park," and all references to Eucalyptus Park. Councilmember Castaneda seconded the motion. Discussion ensued between the Council, staff, and the applicants, about the location of the proposed affordable housing. The applicants clarified the intent of SECS for a one- or two-story affordable housing above the YMCA. Ms. Lembo stated that South Bay Community Services was not interested in building a new YMCA elsewhere. Ms. Johnson stated that YMCA was not interested in moving from its current location. Councilmember McCann then withdrew his motion. ACTION: Councilmember McCann moved to offer a substitute motion to continue the item to a future date and to have discussions between all parties with respect to the concerns voiced by the Council, particularly with respect to the. affordable housing component of the proposed conceptual plan. Councilmember Castaneda seconded the motion. Ms. Lembo suggested that the matter be tabled, and that SBCS come back to the Council with a more defined public outreach plan. Mayor Cox stated she would support tabling the item with the understanding that SBCS and the YMCA work with staff to look at a more defined public outreach program. Page 9 - Council Minutes //.1; ,-,9 September 9, 2008 DRAFT ACTION ITEMS (Continued) Councilmember McCann called for the vote. ACTION: There was unanimous Council consensus to table Item 12. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA SUPPORTING PUBLIC OUTREACH TO EXPLORE THE FEASIBILITY OF POTENTIAL AMENITY IMPROVEMENTS AND AFFORDABLE HOUSING DEVELOPMENT AT EUCALYPTUS PARK 13. CONSIDERATION OF A REPORT ON PROJECTED REVENUE SHORTFALLS IN THE DEVELOPMENT SERVICES HiND AND MEASURES BEING IMPLEMENTED TO ADDRESS THE BUDGETARY IMPACTS With the approval of the Fiscal Year 2008/2009 budget, City Council authorized the creation of a stand-alone Development Services Fund comprised of staff from the Departments of Planning & Building, Public Works and Engineering responsible for planning, permitting, plan review, and inspection of development applications. As the year-'end closing process has progressed, it has become apparent that despite deep cuts made to the Development Services Fund as part of the Fiscal Year 2008/2009 budget, development related workload and revenues are insufficient to support current staffing and budget levels, As a result, in order to avoid further impacting General Fund reserves, additional budget reductions are required. To reduce the number of layoffs, staff is also recommending adding two Code Enforcement Officer positions to the General Fund budget of the Planning & Building Department and filling the positions internally, The cost of these positions would be fully offset by higher than anticipated revenues from the residential abandoned property program, (Budget and Analysis Director) City Manager Garcia introduced the item. Director of Budget and Analysis Van Eenoo presented an overview of the status of the City's Development Services Fund, and explained that development related workload and revenues were insufficient to support current staffing and budget level, resulting in the need for additional budget reductions. Richard Preuss, representing the Chula Vista Employees Association, explained the value of supporting Resolution B for the addition of two code enforcement officers to the Planning and Building Department. He also talked about past funding for Code Enforcement staff through the City's Community Block Grant funds, and suggested looking at ways to re-institute the funding. Mayor Cox stated that in light of the unkno\\;u impacts of the State on local governments, she would support the proposed resolutions. Additionally, based upon the outcome of the State budget, she spoke of the need to have Council and staff go back and reassess the organization in a broad based manner. Council member Castaneda suggested that in dO\\;TI times, expenditures of funds should be used to promote and attract business to the City. To that end, he requested staff provide an analysis of what other cities were doing. He referenced a memorandum from he and Councilmember Ramirez dated September 9, 2008 regarding the budget shortfalls, and suggested further discussions to address the issues outlined in the memorandum. To that end. Mavor Cox stated that this item was not on the agenda, and could not be discussed at this time.' ~ Page 10 - Council Minutes /6-/0 September 9, 2008 DR.I\fT ACTION ITEMS (Continued) Councilmember Ramirez was concerned that moving too hastily with adjustments would impact City services as the economy improved. He spoke of a need to look at the organization as a whole, eliminate car allowances, implement staff cross training, and place the previous budget cut proposals back on the table. Mayor Cox asked, and City Manager Garcia confirmed, that the reduction in the Development Services counter service hours, or shifting of experts to the counter, would be re-assessed by staff over the next 3-6 months to ensure efficiency in the department operations. He also explained that it was unreasonable to hire enough employees to process major projects, and then have to lay them off once those projects are complete. Councilmember McCann expressed concern regarding reduced hours of operation at the Development Services front counter, and encouraged the City Manager to implement the Six Sigma training. Once Six Sigma is implemented, he requested a re-evaluation of the hours of operation. ACTION: ACTION: ACTION: B. Councilmember Castaneda moved to continue the item and for staff to return with an analysis of what the full impact on the Development Services Department would be, given the proposed reductions. Councilmember Ramirez seconded the motion. The motion failed 2-3, with Mayor Cox, Deputy Mayor Rindone, and Councilmember McCann voting no. Mayor Cox moved to adopt the following Resolution No. 2008-210, heading read, text waived: A. RESOLUTION NO. 2008-210, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING A REPORT ON PROJECTED REVENUE SHORTFALLS IN THE DEVELOPMENT SERVICES FUND AND MEASURES BEING IMPLEMENTED TO REDUCE EXPENDITURES Deputy Mayor Rindone seconded the motion and it carried 3-2, with Council members Castaneda and Ramirez voting no. Councilmember Castaneda moved to adopt the following Resolution No. 2008- 211, heading read, text waived: RESOLUTION NO. 2008-211, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADDING TWO CODE ENFORCEMENT OFFICER POSITIONS TO THE PLAl\'NING AND BUILDING DEPARTMENT AND APPROPRlATING $133,000 FROM THE AVAILABLE BALANCE OF THE GENER~L Fu~D BASED UPON HIGHER T~~ ANTICIPATED REVENUES FROM THE RESIDENTIAL ABANDONED PROPERTY PROG~ (4/5THS VOTE REQUIRED) Deputy Mayor Rindone seconded the motion and it carried 5-0. Page 11 - Council Minutes //.$ -// September 9, 2008 DRAFT OTHER BUSINESS 14. CITY MANAGER'S REPORTS There were none. 15. MA YOR'S REPORTS Ratification of the appointment of Brandon Marvin to the Charter Review Commission. ACTION: Mayor Cox moved to appoint Brandon Marvin to the Charter Review Commission. Deputy Mayor Rindone seconded the motion and it carried 5-0. Mayor Cox recognized Chula Vista athletes, Mike Day, Donny Robinson, and Jill Kintner, who participated in the Beijing Olympics' BMX event, and who returned home with silver and bronze medals. Mayor Cox announced that the City of Chula Vista was chosen as recipient of the Safe City Project. She also spoke about"the success of the Nature Center gala, which raised $15,000 and netted $12,000; and enjoyed celebrating with the community at Lauderbach Park. 16. COUNCIL COMMENTS Councilmember Ramirez congratulated the community and staff on the success of the re-opening of Lauderbach Park. He spoke of the need to ensure monitoring of park activities for legitimate uses, and he looked forward to working with the groups involved in planning the park. He also thanked his wife, who spoke on his behalf at the park re-opening. Councilmember Castaneda spoke about a proposed November 2008 ballot initiative regarding the Marine Freight Preservation and Bayfront Redevelopment, to be voted on by the five member Cities of the Port of San Diego, and he requested that the matter be placed on the next Council agenda for discussion. City Manager Garcia confirmed that the matter was scheduled for the September 16, 2008 Council meeting, where the proponents and opponents would be invited to present information on the initiative. Councilmember Castaneda commented on his recent attendance at the Heritage Otay Ranch I Home Owners Association meeting. He stated there were concerns about the impacts of foreclosures in the community as well as issues relative to traffic safety. He requested follow-up by staff on the matter of traffic safety. Councilmember McCann commended the Chula Vista Nature Center Board on the success of their recent fundraiser event. He also commended staff on the re-opening of Lauderbach Park. He then requested that the Council meeting be adjourned in memory of April Goldstein, one of his former Council Aides. Deputy Mayor Rindone spoke about his attendance at the re-opening of Lauderbach Park, and of the proud efforts by staff and the community. Page 12 - Council Minutes /,&-/L September 9, 2008 DRi\FT The Council convened in Closed Session at 10:40 p.m. CLOSED SESSION No reportable action was taken on the follov.1ng items: 17. PUBLIC EMPLOYEE DISCIPLINEIDISMISSALlRELEASE PURSUANT TO GOVERNMENT CODE SECTION 54957 18. PUBLIC EMPLOYEE DISCIPLINEIDISMISSAL/RELEASE PURSUANT TO GOVERNMENT CODE SECTION 54957 19. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b) Two cases 20. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERi'JMENT CODE SECTION 54956.9(a) Thanh Le vs. City of Chula Vista; Tim Kahl, and Does I through 100, inclusive: Case No.3 7 - 2007 -00007 6220-CU - P A -CTL ADJOURNMENT At 2:40 a.m., Mayor Cox adjourned the meeting in memory of April Goldstein, to the Meeting of September 16,2008 at 6:00 p.m. in the Council Chambers. J ./ ~ /----- Lorraine Bennett, CMC, Deputy City Clerk ~.._.-.-> Page 13 - Council Minutes September 9, 2008 /.8 -/3