HomeMy WebLinkAboutrda min 2008/08/05 CC
MINUTES OF REGULAR MEETINGS OF THE CITY COUNCIL
AND THE REDEVELOPMENT AGENCY
OF THE CITY OF CHULA VISTA
August 5, 2008
4:00 p.m.
Regular Meetings of the City Council and the Redevelopment Agency of the City ofChula Vista
was called to order at 4:00 p.m. in the Council Chambers, 276 Fourth Avenue, Chula Vista,
California.
ROLL CALL:
PRESENT:
Council/Agency Members Castaneda (arrived at 4:03 p.m.),
Ramirez, Rindone and Mayor/Chair Cox
ABSENT:
Council/Agency Member McCann (excused)
ALSO PRESENT:
City Manager/Executive Director Garcia, Interim City
Attorney/General Counsel 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 - City Council
. OA THS OF OFFICE
Mauricio Torre to the Housing Advisory Commission
Ed Herrera to the Human Relations Commission
John Vogel to the Parks and Recreation Commission
Interim City Clerk Norris administered the oath of office to Commissioners Torre, Herrera, and
Vogel, and Councilmember Ramirez presented them with certificates of appointment.
. INTRODUCTION BY DEPUTY MAYOR RINDONE OF EMPLOYEE OF THE
MONTH, SANDRA HODGE, COUNCIL ASSISTANT
Deputy Mayor Rindone introduced Employee ofthe Month Sandra Hodge. Mayor Cox then
read the proclamation and Deputy Mayor Rindone presented it to Sandra.
. PRESENTATION BY MAYOR COX OF A PROCLAMATION TO POLICE
CAPTAIN WEDGE, PROCLAIMING AUGUST 5, 2008 AS NATIONAL NIGHT OUT
Mayor Cox read the proclamation and Councilmember Castaneda presented it to Captain Wedge
and Officer Shaffer.
Page I - Jt. CCIRDA Minutes
August 5, 2008
SPECIAL ORDERS OF THE DAY - City Council (Continued)
· PRESENTATION BY JACK MILLER, CHULA VISTA REPRESENTATIVE ON THE
SAN DIEGO COUNTY REGIONAL AIRPORT AUTHORlTY BOARD, OF AN
UPDATE ON THE AIRPORT MASTER PLAN
Jack Miller and Angela Shafer Payne representing the San Diego County Regional Airport
Authority presented an update on the Airport Master Plan.
· PRESENTATION ON THE SMART GROWTH TOOL KIT BY SANDAG SENIOR
REGIONAL PLANNER, SUSAN BALDWIN
Susan Baldwin gave a presentation about the Smart Growth Visual Simulations/Smart Growth
Tool Box.
Discussion ensued between Council, staff, and Ms. Baldwin regarding collaboration between the
City and SANDAG on smart growth studies and grant-funding opportunities. Additionally, Ms.
Baldwin suggested that in addition to the SANDAG Smart Growth Incentive Program, staff look
at additional potential funding sources for transit -oriented and infrastructure development, from
Proposition I C Housing Bond.
CONSENT CALENDAR - City Council
(Items 1 through 5)
Deputy Mayor Rindone stated that he would be abstaining from voting on item 2A.
1. APPROVAL OF MINUTES of June 10 and June 17,2008.
Staff recommendation: Council approve the minutes.
2. WRlTTEN COMMUNICATIONS
A. Memorandum from Deputy Mayor Rindone requesting an excused absence
from the Joint City Council/Redevelopment Agency meeting of July 22,2008.
Staff recommendation: Council excuse the absence.
B. Letter of resignation from Ricardo Macias, Jr., member of the Resource
Conservation Commission.
Staff recommendation: Council accept the resignation and direct the City Clerk to
post the vacancy in accordance with Maddy Act requirements.
3. RESOLUTION NO. 2008-198, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA OPPOSING THE USE OF LOCAL FUNDS TO BALANCE
THE STATE BUDGET
The California State Legislature has missed its Constitutional deadline to pass a budget.
As the leaders of the Legislature debate fiscal policy, there has been discussion of
invoking the "severe fiscal hardship" provisions of Proposition IA and Proposition 42.
This would result in borrowing funds from local government that would not be required
to be repaid to cities and counties for three years. Adoption of the resolution opposes the
use oflocal funds to balance the State budget. (Legislative Subcommittee)
Staff recommendation: Council adopt the resolution.
Page 2 - Jt. CC/RDA Minutes
August 5, 2008
CONSENT CALENDAR - City Council (Continued)
4. RESOLUTION NO. 2008-199, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA WAIVING THE FORMAL CONSULTANT SELECTION
PROCESS, APPROVING THE FIRST AMENDMENT TO AN AGREEMENT
BETWEEN THE CITY OF CHULA VISTA, MARION B. BORG ENVIRONMENTAL
CONSULTING AND MCMILLIN OTA Y RANCH, LLC, FOR MANAGING AND
PROCESSING OF THE ENVIRONMENTAL IMPACT REPORT FOR THE
EASTERN URBAN CENTER SECTIONAL PLANNING AREA PLAN AND
AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT
Adoption of the resolution approves a First Amendment to an existing contract with
Marion B. Borg Environmental Consulting for environmental consulting services to
extend the contract for a 12-month period from July 2008 through June 2009, to complete
work in preparation of and processing for an Eastern Urban Center project. (Acting
Planning Director)
Staff recommendation: Council adopt the resolution.
5. RESOLUTION NO. 2008-200, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA WAIVING THE FORMAL BIDDING PROCESS AND
AUTHORIZING THE USE OF PURCHASE ORDERS IN THE AMOUNT OF $81,160
PER MONTH TO SECURE LANDSCAPE MAINTENANCE OF OPEN SPACE FOR
CERTAIN COMMUNITY FACILITIES DISTRICTS BY BLUE SKIES LANDSCAPE
MAINTENANCE FOR AN INTERIM PERIOD OF 60-90 DAYS
Due to continued deficiencies in contracted landscape services for Community Facility
Districts Sunbow II, Otay Ranch Village I West and Otay Ranch Sta B, the City has
exercised its option not to renew the existing maintenance contracts in these districts for
Fiscal Year 2009. In order to maintain landscape services in these districts while the
formal advertised bid process moves forward, bids were solicited from several vendors to
provide the necessary services at a monthly rate for a 60-90 day period. Adoption of the
resolution awards an interim maintenance agreement to the apparent low bidder, Blue
Skies. (Public Works Director)
Staff recommendation: Council adopt the resolution.
ACTION:
Councilmember Castaneda moved to approve staffs recommendations and
offered the Consent Calendar, headings read, text waived. Councilmember
Ramirez seconded the motion and it carried 4-0, except Item 2A, which carried
3-0-1, with Deputy Mayor Rindone abstaining.
ITEMS REMOVED FROM THE CONSENT CALENDAR
There were none.
PUBLIC COMMENTS - City Council and Redevelopment Agency
Theresa Acerro, Chula Vista resident, representing South West Chula Vista Civic Association
spoke in opposition to the MMC peaker plant.
Page 3 - Jt. CC/RDA Minutes
August 5, 2008
L~~.
PUBLIC COMMENTS - City Council and Redevelopment Agency (Continued)
Larry Breitfelder, Chula Vista resident, spoke regarding the Utilities User Tax, stating the need
for an open process to modernize the existing ordinance, which would include revenue
neutrality, honest language, public participation, and scrutiny prior to the final report.
Steve Eastis, Chula Vista resident, representing the Chamber of Commerce, invited everyone to
the Lemon Festival on August 3, 2008, from 11 :00 a.m. to 7:00 p.m., and he thanked the City for
their partnership with the event. He stated that further information about the event and upcoming
events can be found at www.thirdavenuevillage.com.
Leo Miras, representing Environmental Health Coalition, spoke regarding the MMC peaker
plant, and encouraged the Council to force MMC to seek alternatives that would be consistent
with the General Plan.
Carlos Lopez, Chula Vista resident, expressed concern about the proximity of the peaker power
plant to elementary schools, recreational facilities and residential areas, and its negative
environmental effects on the community. He suggested alternatives such as solar energy.
Hugo Ivan Salazar, Chula Vista resident, spoke in opposition to the MMC peaker power plant.
Item lOA was taken out of order and heard at this time.
10. COUNCIL/AGENCY MEMBERS' COMMENTS
A. Council/Agency Member Ramirez - Presentation by Mr. Wright on his proposal
of an Emergency Registry for Chula Vista Residents with Special Needs.
Councilmember Ramirez introduced Mr. Wright, who presented the "Safety Pin Registry,"
which would maintain contact information for Chula Vista residents requiring assistance in the
event of an emergency situation.
Councilmember Ramirez suggested inclusion of the "Safety Pin Registry" in the current
City projects.
Patricia Aguilar, Chula Vista resident, representing Crossroads II, spoke regarding the proposed
H Street ULI study. She suggested holding neighborhood meetings at Vista Square and Mueller
Elementary Schools. She also suggested that the Legislative Subcommittee be in attendance at
the meetings.
Frank Zimmerly, Chula Vista resident, representing Northwest Civic Association, spoke about
the proposed ULI Study, and suggested the following: I) the working group be given adequate
time to reach consensus on the scope of the program prior to its funding; 2) a more balanced
working group in its representation of stakeholders; 3) a holistic study of the area be undertaken;
4) addition of the E and H Street trolley gateway areas to the program boundaries, along with a
segment of Broadway connecting E and H Streets, and to include the buffer areas bordering
residential neighborhoods; 5) a transparent process and a more detailed explanation by staff of
the $120,000 funding package; and 6) inclusion of stakeholders in the study.
Parks Pemberton, Chula Vista resident, spoke regarding redevelopment in the City and to keep in
mind what the people want.
Page 4 . J1. CC/RDA Minutes
August 5, 2008
PUBLIC COMMENTS - City Council and Redevelopment Agency (Continued)
Mike Spethman, Chula Vista resident, spoke in support of bringing the ULI study forward.
Kevin O'Neill, Chula Vista resident, spoke in support of the ULI Study, and the need to move
forward with the project.
At 5:59 p.m., Mayor Cox announced a recess of the Council/Redevelopment Agency meeting.
The meeting reconvened at 6:30 p.m., with all Council/Agency Members present.
ACTION ITEMS -City Council and Redevelopment Agency
Item 6 - City Council
6. CONSIDERATION OF AUTHORIZING SUBMITTAL TO THE CITY CLERK OF AN
ARGUMENT, AND REBUTTAL ARGUMENT IF ANY, AGAINST THE MEASURE
TO AMEND THE CHULA VISTA CITY CHARTER TO MAKE THE CITY
ATTORNEY AN ELECTED CITY OFFICER, TO BE INCLUDED IN THE SAMPLE
BALLOT FOR THE NOVEMBER 4,2008 ELECTION
The Council previously approved placement of the citizen-initiated Charter amendment
measure on the November 4, 2008 ballot. California Election Code section 9282(a)
allows the legislative body to submit an argument against a measure placed on the ballot
by petition. This item provides information and regulations related to the submittal of
ballot measure arguments. (Interim City Clerk)
Interim City Attorney Miesfeld stated that he would be recusing himself from discussion of this
item. He introduced Shawn Haggerty, representing Best, Best and Krieger to act as Independent
and Special Counsel to advise the City on the matter. Mr. Miesfeld then left the dais.
Interim City Clerk Norris introduced the item.
Special Counsel Haggerty briefly explained the drafting process for submittal of arguments by
the Council.
ACTION:
Mayor Cox moved to submit an argument against the measure to amend the Chula
Vista Charter to make the City Attorney an elected officer. Councilmember
Ramirez seconded the motion and it carried 4-0.
ACTION:
Mayor Cox moved to request authorization by the Council to write the argument.
Deputy Mayor Rindone seconded the motion and it carried 4-0.
Interim City Attorney Miesfeld returned to the dais at 6:41p.m.
Page 5 - Jt. CClRDA Minutes
August 5, 2008
ACTION ITEMS (Continued)
Item 7 - Joint City Council and Redevelopment Agency
Mayor/Chair Cox announced that Item 7 would be removed from the agenda and addressed at a
future date. The item was not discussed and no action was taken.
7. CONSIDERATION OF AGREEMENT BETWEEN THE CITY OF CHULA VISTA
REDEVELOPMENT AGENCY AND THE URBAN LAND INSTITUTE
In the coming years, Chula Vista's vacant bayfront may soon transform into a world class
destination. The H Street corridor provides an opportunity to connect the bayfront and the
ChuIa Vista community and revitalize it along the way. Adoption of the resolutions
authorizes the City Council and Redevelopment Agency to enter into a contract with the
Urban Land Institute Five-Day Advisory Services Program to bring real estate experts from
around the country to provide an unbiased implementation program for redevelopment of
the H Street Corridor between Interstate 5 and Third A venue. This item was continued from
the meeting of July 22, 2008. (Redevelopment and Housing Assistant Director)
Staff recommendation: Council/Agency adopt the following resolutions:
A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
WAIVING THE FORMAL CONSULTANT SELECTION PROCESS FOR AN
AGREEMENT BETWEEN THE CITY OF CHULA VISTA
REDEVELOPMENT AGENCY AND THE URBAN LAND INSTITUTE
B. RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF
CHULA VISTA APPROVING AN AGREEMENT BETWEEN THE CITY OF
CHULA VISTA REDEVELOPMENT AGENCY AND THE URBAN LAND
INSTITUTE IN THE AMOUNT OF $]20,000, AND APPROPRIATING
FUNDS THEREFOR (4/5THS VOTE REQUIRED)
OTHER BUSINESS - City Council and Redevelopment Agency
8. CITY MANAGER/EXECUTIVE DIRECTOR'S REPORTS
City Manager Garcia recommended that the Council Workshop of September 4, 2008 be
cancelled, due to lack of items. It was the consensus of the Council to cancel the workshop.
9. MAYOR/CHAIR'S REPORTS
A.
Ratification of the appointment of Catherine Johnson to the Safety Commission.
B.
Ratification of the appointment of Lilia Meza to the International Friendship
Commission.
c.
Ratification of the appointment of Emma Abutin to the Human Relations
Commission.
ACTION:
Mayor Cox moved to approve the appointment of Catherine Johnson, Lilia Meza,
and Emma Abutin to their respective commissions. Deputy Mayor Rindone
seconded the motion and it carried 4-0.
Page 6 - Jt. CC/RDA Minutes
August 5, 2008
9. MA YOR/CHAIR'S REPORTS (Continued)
Mayor Cox reminded the public of the "Stop on Red" campaign, reporting that the campaign had
resulted in a 200% increase in traffic citations, and a 16% decrease in collisions. She announced
that Beautify Chula Vista day was scheduled for October 4, 2008, with a request for underwriters
for the event. South Bay Community Services would be hosting its annual fundraiser event on
October 4, 2008 to raise money for victims of domestic violence. Christmas in October was
scheduled for October 11, 2008, and applications could be obtained by contacting the Mayor's
Office, she stated that staff would be seeking the assistance of painters, gardeners, and
electricians for the event.
10. COUNCIL! AGENCY MEMBERS' COMMENTS
A. Council/Agency Member Ramirez - Presentation by Mr. Wright on his proposal
of an Emergency Registry for Chula Vista Residents with Special Needs.
The presentation by Mr. Wright was taken out of order and heard with Public Comments.
Councilmember Ramirez announced that his next public office hours meeting was scheduled for
the first Monday in October, when he would be addressing issues relating to redevelopment. He
suggested that City Manager Garcia and redevelopment staff attend the meeting to participate in
informal dialogue on redevelopment matters. He referenced the Council Information Item dated
July 29, 2008, regarding air conditioning units for animal care trucks, and suggested the addition
of an operating policy to address sensitivity to the length of time animals were confined to the
animal control vehicle compartments during times of unusually high temperatures. He also
addressed a second Information Item regarding a possible adoption fee waiver for animals that
had been in a shelter for over 30 days. To that end, he expressed concern that by providing free
animals to the public may be counter-productive and may place the animals in the wrong hands;
he requested close monitoring of the waiver pilot program. He announced the Lauderbach Park
dedication re-opening celebration on Saturday, September 6, 2008.
Councilmember Castaneda gave praise to Deputy Building Official Lou El-Khazen for his
exemplary service with assisting the Logan Heights Family Health Clinic on its permitting
process for building improvements at the facility. He also spoke about the Utility Users Tax and
its impacts to the City and community if the tax was expanded, stating that he had not heard from
the business community, particularly the small businesses on the issue. He requested that the
Chamber work with its membership to assist the City with understanding their thoughts on the
matter. He announced the upcoming Lemon Festival, and welcomed Vivra Bank on its recent
grand opening in Chula Vista.
Deputy Mayor Rindone spoke of the recent Northgate Market grand opening in Southwest Chula
Vista, and he encouraged his colleagues to visit the market. He encouraged all to attend the
Lemon Festival on August 10,2008. He also spoke about the "Stop on Red" campaign, and
resulting improvements in incident statistics, and congratulated law enforcement and staff on the
success of the program. He addressed a memorandum from staff about the Animal Care Facility,
and requested that staff write a letter to the Baldwin Company to inquire about a donation to
assist with costs of installing air conditioning units in the animal control vehicles at total cost of
approximately $17,500. With respect to the waiving of animal adoption fees, he requested staff
look at a nominal adoption fee of $3 or $5 dollars.
Page 7 - Jt. CC/RDA Minutes
August 5, 2008
I_~~~-.
The Council recessed and convened in closed session at 7:01 p.m.
CLOSED SESSION - City Council
No reportable action was taken on the following items:
II CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE
TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b):
Four cases
12. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO
GOVERNMENT CODE SECTION 54956.8:
Property: 1460 3rd Avenue and 275 Orange Avenue
Agency negotiator: David Garcia and Eric Crockett
Negotiating Parties: South East Corner Inc. and Castle Park Enterprises
Under Negotiation: Price and terms of payment.
13. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION
PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a):
In the Matter of: The Application for Certification for the Chula Vista Energy Upgrade
Proiect, California Energy Commission, Docket No. 07-AFC-4
ADJOURNMENT
At 8:50 p.m., Mayor Cox adjourned the meeting to an Adjourned Regular Meeting on August 7,
2008 at 6:00 p.m. in the Council Chambers.
,,~
~
Lorraine Bennett, CMC, Deputy City Clerk
Page 8 - Jt. CC/RDA Minutes
August 5, 2008
,
I
_______J