HomeMy WebLinkAbout2008/11/04 Item 1
DRAFT
MINUTES OF A REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF CHULA VISTA
September 16, 2008
6:00 P.M.
A Regular meeting of the City Council of the City of Chula Vista was called to order at 6:01
p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California.
ROLL CALL:
PRESENT: Councilmembers Castaneda, McCann, Ramirez, Rindone, and Mayor Cox
ABSENT: 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
. INTRODUCTION BY INTERIM FIRE CHIEF GEERING OF EMPLOYEE OF THE
MONTH, JAMES "JIM" GARCIA, BATTALION CHIEF
Interim Fire Chief Geering introduced employee of the month Jim Garcia. Mayor Cox read the
proclamation and Deputy Mayor Rindone presented it to Jim.
. OATH OF OFFICE
Brandon Marvin to the Charter Review Commission
Ariana Perfecto to the Youth Action Council
Interim City Clerk Norris administered the oath of office to Ariana Perfecto, and Councilmember
McCann presented her with a certificate of appointment. Mr. Marvin was not present at the
meeting.
Mayor Cox then introduced and welcomed Boy Scout Troop 151.
CONSENT CALENDAR
(Items I through 4)
Mayor Cox announced that Item 4 had been properly noticed as a Public Hearing, and was
moved to the Public Hearings section of the agenda.
1. RESOLUTION NO. 2008-212, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE FINAL "B" MAP OF CHULA VISTA
TRACT NO. 06-05, OTAY RANCH VILLAGE TWO, NEIGHBORHOOD R-13;
APPROVING THE ASSOClA.TED SUBDIVISION IMPROVEMENT AGREEMENT
FOR THE COMPLETION OF THE IMPROVEMENTS; AND APPROVING THE
ASSOCIATED SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT
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CONSENT CALENDAR (Continued)
On May 23, 2006, by Resolution No. 2006-157, Council approved the Tentative
Subdivision Map for Chula Vista Tract No. 06-05 for Oray Ranch Village Two and
Portions of Village Four (Tentative Map). Adoption of the resolution approves the Final
"B" Map for Chula Vista Tract No. 06-05, Otay Ranch Village Two, Neighborhood R-
13. (City EngineerlEngineering Director)
Staff recommendation: Council adopt the resolution.
2. RESOLUTION NO. 2008-213, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING CONTRACT FOR
THE "PAVEMENT REHABILITATION PROGRAM, FISCAL YEAR 2006/2007,
CHIP SEAL & SCRUB SEAL IN THE CITY OF CHULA VISTA, CALIFOR..l\JIA (CIP
NO. STL-340D)" PROJECT TO WINDSOR FUEL CO., INC. IN THE AMOUNT OF
$1,597,625.45, WAIVING COUNCIL POLICY 574-01, AND AUTHORIZING THE
EXPENDITURE OF ALL A V AILABLE FUNDS IN THE PROJECT
On August 13, 2008, the Engineering Director received sealed bids for the project. The
work consists of the application of a chip seal, removal and replacement of damaged
asphalt concrete pavement, and the application of scrub seal on various pavement
locations in the City. Work for this project also includes striping, traffic control, and
other miscellaneous work, and all labor, material, equipment, and transportation
necessary for the project. (City EngineerlEngineering Director)
Staff recommendation: Council adopt the resolution.
3. RESOLUTION NO. 2008-214, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING $59,740 OF UNANTICIPATED REVENUES
FROM THE CALIFOR..l\JIA DEPARTMENT OF CONSERVATION, DIVISION OF
RECYCLING BEVERAGE CONTAINER RECYCLING AND LITTER
REDUCTION ACTIVITIES GRANT PROGRAM AND AMENDING THE WASTE
MANAGEMENT AND RECYCLING FUND (4/5THS VOTE REQUIRED)
The California Department of Conservation, Division of Recycling distributes $10.5
million for Fiscal Year 2008/2009 to eligible cities and counties, specifically for beverage
container recycling and litter reduction activities. The goal of the program is to reach and
maintain an 80 percent recycling rate for all California Redemption Value beverage
containers - aluminum, glass, plastic and bi-metal. Chula Vista has received $59,740 for
Fiscal year 2008/2009. (Public Works Director)
Staff recommendation: Council adopt the resolution.
4. Item 4 was moved to Public Hearings.
ACTION:
Deputy Mayor Rindone moved to approve staffs recommendations and offered
the Consent Calendar (Items I, 2, and 3) headings read, text waived,
Councilmember McCann seconded the motion and it carried 5-0.
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DR-A.FT
ITEMS REMOVED FROM THE CONSENT CALENDAR
There were none.
PUBLIC COMMENTS
Scott Vinson, Chula Vista resident, requested that the taxpayers' money spent for payment of
legal fees for Councilmember Castaneda be returned to the City for Police and Fire, Parks and
streets.
James L. Lambert, Carlsbad resident, representing American Family Association, asked for
Council's support of a proposed proclamation that would affirm support of Proposition 8, a
constitutional amendment on the November 4,2008 ballot.
Juan Gonzales, Chula Vista resident, stated that while -the City cancelled this year's Fourth of
July fireworks, the Council recently approved payment of legal fees for Councilmember
Castaneda. He asked the Council to reconsider the matter.
Larry Breitfelder, Chula Vista resident, representing Chula Vista Taxpayers Association, spoke
about the Association's objection to City fees being inflated to the point of becoming hidden
taxes. To that end, he cited the City's fire inspection fee .on businesses, which he stated was a
new tax on local businesses, was not based upon a new risk assessment, and that the cost to the
public would be above the cost to the City of doing the inspection. He encouraged the Council
to reconsider the matter.
Carlos Lopez spoke about the M.lYlC Peaker Plant proposal, stating that he was not opposed to
having a peaker plant in the City, but was opposed to its proposed location.
Mayor Cox announced that the California Energy Commission was scheduled to hold a hearing
in the Chula Vista Council Chambers, Thursday, September 18, 2008 at 3:00 p.m.
Theresa Acerro, Chula Vista resident, spoke in opposition to the proposed MMC Peaker Power
Plant.
Guillermo Lopez, Chula Vista resident, spoke in opposition to the proposed MMC Peaker Plant
and asked for the Council's response to his concerns.
Reiner Jose Leal, Chula Vista resident, requested that Councilmember Castaneda reimburse the
City for payment of his legal fees.
Paula Whitsell, Chula Vista resident, spoke in opposition to the recent Council decision to pay
Councilmember Castaneda's legal fees. She suggested that Councilmember Castaneda pursue
the District Attorney's Office for reimbursement of the legal fees.
Cheryl Presto, Chula Vista resident, spoke in opposition to the Council's decision to pay for
Councilmember Castaneda's legal fees.
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DRAFT
PUBLIC COMMENTS (Continued)
Jamie Del Rosario, Chula Vista resident, spoke in favor of bringing new jobs and businesses to
the City, and asked the Council to stop playing politics with taxpayers' money.
Gabriel Gutierrez, Chula Vista resident, stated that the City was not doing enough to resolve its
financial issues, and he expressed concern over not being allowed to vote for the Utility Users'
Tax.
Michael Gorski, Chula Vista resident, spoke in opposition to the Council's decision to pay for
Councilmember Castaneda's legal fees. He asked Councilmember Castaneda to pay the money
- back to the City.
Michael Spethman, Chula Vista resident, asked Councilmember Castaneda when the citizens
could expect repayment of his legal fees.
Kevin O'Neill, Chula Vista resident, requested information regarding the basis for the Council's
decision to pay Councilmember Castaneda's legal fees, and he requested that the Council place
the matter on a future Council agenda.
Steven Pavka, Chula Vista resident, spoke in opposition to the MMC Peaker Power Plant.
PUBLIC HEARINGS
4. RESOLUTION NO. 2008-215, RESOLUTION OF THE CITY COlTNCIL OF THE
CITY OF CHULA VISTA PURSUANT TO SECTION 147(F) OF THE INTERNAL
REVENUE CODE APPROVING THE CONVERSION OF TAX/\BLE BO?\TDS
ISSUED BY THE CITY OF CHULA VISTA FOR TERESINA APARTMENTS TO
TAX EXEMPT STATUS A.ND APPROVING THE MA TURlTY DATE THEREOF
In 2006, multi-family revenue bonds were refunded utilizing a variable rate mode. Due
to tax law restrictions, the bonds could not be tax-exempt, but could be converted to tax-'
exempt status at a particular date. The City is now proceeding with the conversion of
$37,940,000 City of Chula Vista variable Rate Demand Multifamily Housing Revenue
Refunding Bonds to tax-exempt. Adoption of the resolution approves the conversion.
(Redevelopment and Housing Assistant Director)
Notice of the hearing was given in accordance with legal requirements, and the hearing was held
on the date and at the time specified in the notice.
Housing Manager Mills explained the proposed bond conversion.
Mayor Cox opened the public hearing. There being no members of the public who wished to
speak, Mayor Cox closed the public hearing.
ACTION:
Deputy Mayor Rindone moved to adopt Council Resolution No. 2008-215,
heading read, text waived. Councilmember Ramirez seconded the motion and it
carried 5-0.
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PUBLIC HEARINGS (Continued)
5. CONSIDERATION OF AMENDING UTILITY UNDERGROUNTIING DISTRICT NO.
133 ALONG FOURTH A VENUE FROM L STREET TO ORANGE AVENUE TO
INCLUDE FIVE ADDITIONAL PARCELS AND DELETE ONE PARCEL
The Utility Undergrounding District on Fourth Avenue from L Street to Orange Avenue
was originally established in 2001. During the final design and construction process, San
Diego Gas and Electric determined that it would be desirable to include five adjacent
parcels that were not included within the boundaries of the original district. Staff is
recommending the boundaries of the district be modified to include these additional
parcels. (City EngineerlEngineering Director)
Notice of the hearing was given in accordance with legal requirements, and the hearing was held
on the date and at the time specified in the notice.
Councilmember Ramirez stated he would be abstaining from voting on Item No.5, due to the
proximity of his property to the parcels. He then left the dais.
City Engineer Hopkins explained SDG&E's recommendations for under grounding the utilities.
He stated that the project was anticipated to be completed in 2009.
Mayor Cox opened the public hearing. There being no members of the public who wished to
speak, Mayor Cox closed the public hearing.
ACTION:
Councilmember McCann moved to adopt the following Resolution No. 2008-216,
heading read, text waived:
RESOLUTION NO. 2008-216, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA AMENDING THE BOUNDARIES OF
UTILITY UNDERGROlJNDING DISTRICT NO. 133 ALONG FOURTH
A VENUE FROM L STREET TO ORANGE A VENUE TO INCLUDE
PARCELS APN 618-400-11,619-010-21,618-190-44,619-211-21 AND 619-
211-20 AND TO DELETE PARCEL APN 618-270-41
Councilmember Castaneda seconded the motion and it carried 4-0-1, with
Councilmember Ramirez abstaining.
Councilmember Ramirez returned to the dais at 6:54 p.m.
ACTION ITEMS
6. CONSIDERATION OF PRESENTATIONS BY PROPONENTS AND OPPONENTS
REGARDING A NOVEMBER 2008 BALLOT INITIATIVE ENTITLED "THE PORT
OF SAN DIEGO MARINE FREIGHT PRESERVATION MTI BAYFRONT
REDEVELOPMENT INITIATIVE"
Representatives of the proponents and opponents of the November 4, 2008 General
Election Ballot Initiative have been invited to present information on the initiative. Staff
has requested that the representatives limit any formal remarks and/or presentations to
approximately 10 minutes and that they be prepared to answer any questions the
Councilmember's may have regarding the initiative. (Economic Development Officer)
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ACTION ITEMS (Continued)
City Manager Garcia explained that the City's partnership with the Port District would give
Chula Vista residents the opportunity to vote on the proposed ballot initiative. He then
introduced Economic Development Manager Stone who explained the proposed initiative. Staff
Member Stone referenced correspondence that was distributed to the Council from Frank
Gallagher, proponent of the initiative, dated September 16, 2008. He then introduced Chris
Barnes, Vice President and General Counsel for NASSCO, representing "Save Our Working
Waterfront", who spoke on behalf of organizations that were opposed to the proposed initiative.
He spoke about issues, concerns and adverse effects of the iniative on the region.
Patricia Aguilar, Chula Vista resident and President of Crossroads II, suggested that the City join
with other regional cities to take a position on the matter, and for the Council to give direction to
staff to place Council's position on record against the proposed initiative. She stated that the
proposed initiative would have a detrimental effect on the regional economy.
Mayor Cox spoke in agreement with the comments by Ms. Aguilar, stating her concerns that the
proposed initiative would affect 40,000 higher-paying jobs; did not take in to account the
environmental, traffic, pollution, and noise that could adversely affect the public; the proposal
could potentially shift millions of dollars from the 5 port cities of San Diego to the hands of
private developers, and she was against ballot box planning.
Bill Hall, Port Commissioner Emeritus and Chula Vista resident, responded to questions from
Deputy Mayor Rindone regarding components of the proposed initiative. He also spoke about
the negative economic impacts the initiative would have on the region, including sustainability of
waterfront repair capability, which in turn would jeopardize the presence of the Navy, as well as
numerous technology contractors within the region.
Deputy Member Rindone asked, and City Attorney Miesfeld responded that it was appropriate
for the Council to go on record to support or oppose a measure, but the expenditure of public
funds could not be authorized toward that effort.
ACTION:
Deputy Mayor Rindone moved to oppose the November 2008 ballot initiative
entitled, "The Port of San Diego Marine Freight Preservation and Bayfront
Redevelopment Initiative". Councilmember McCann seconded the motion.
Councilmember McCann spoke of the need to get the message out to the citizens that the
proposed initiative was a bad idea.
The motion carried 5-0.
OTHER BUSINESS
7. CITY M.A..NAGER'S REPORTS
City Manager Garcia referenced a newspaper article by the San Diego Daily Transcript, dated
September 15, 2008, that was distributed to the Council, about the City's partnership with Chula
Vista-based Goodrich Aerostructures, in applying the Toyota Production System to effectively
manage a municipality. He was hopeful that the project would create a culture change for the
organization and incorporate productivity and process improvements. He stated that staff would
be reporting to the Council with regular updates.
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8. MA YOR'S REPORTS
Consideration of ratification of reappointments to the following boards and commissions:
. Board of Appeals and Advisors: Albert Sides
. Charter Review Commission: Bill Richter
. Child Care Commission: Mary Alim
. Civil Service Commission: Stacey Stevenson
. Commission on Aging: Mikki Zbikowski
. Cultural Arts Commission: Diannah Smith, Susan O'Shaughnessy
. Design Review Board: Enrique Martinez, Ricardo Balvaneda
. Grow1h Management Oversight Commission: David Krogh, Russ Hall (Central City
Rep.)
. Housing Advisory Commission: Earl Jentz (Ex-Officio), Margie Reese (Tenant
Rep.)
. Nature Center Board of Trustees: Susan Fuller, Floyd Wergeland
. Parks and Recreation Commission: Kathleen Cien-Mayer
. Planning Commission: Bryan Felber
. Safety Commission: Jesse Navarro
. Veterans Advisory Commission: Alfred Pellerin
ACTION: Mayor Cox moved to approve the ratification of reappointments. Deputy Mayor
Rindone seconded the motion and it carried 5-0.
Mayor Cox announced the following upcoming events:
Coastal Clean-up Day, September 20, 2008.
wViw.cleanupdav.org.
Information and registration at
Beautifv Chula Vista. October 4, 2008.
www.B'eautifvchulavista:org.
Information and registration at
9. COUNCIL COMMENTS
Councilmember Ramirez requested that staff place an item on the September 23 2008 Council
agenda to discuss the information provided to the Council in Closed Session regarding the
payment of legal fees for Councilmember Castaneda. Interim City Attorney Miesfeld responded
that the matter could be placed on an agenda.
Mayor Cox responded to the request by Councilmember Ramirez, and asked that the following
points, addressed by the speakers under public comments, be included in the staff report: I)
Clarification about whether or not the City was required to pay the fees; 2) The criminal
investigation as it related to conduct within employment; and 3) The ability to use campaign
funds for payment oflega! fees.
Councilmember Ramirez spoke regarding the community foreclosure workshops hosted by the
Library, and requested a parallel series of the foreclosure workshops in Spanish. He
congratulated staff on the idea behind the library card design contest, and he looked forward to
seeing the design proposals. He announced that his next public office hours would be held
September 22, 2008, and more information could be found on the City's website.
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COUNCIL COMMENTS (Continued)
Councilmember McCann congratulated the Boys and Girls Club on the success of its fundraiser
event at the Otay Ranch Center.
Deputy Mayor Rindone congratulated the South County Economic Development Council
(SCEDe) on the success of its recent summit. He recognized Dan Biggs, the current President of
SCEDC, and Cindy Gompper-Graves for coordinating the event. He also congratulated staff
members Leah Browder and Ed Van Eenoo on their recent promotions to Deputy City Managers.
Mayor Cox recessed the meeting to convene in Closed Session at 7:36 p.m.
CLOSED SESSION
10. PUBLIC EMPLOYEE DISCIPLINE/DISMISSALlRELEASE PURSUANT TO
GOVERNMENT CODE SECTION 54957
ACTION:
Council member Ramirez moved to terminate the contract of the City Manager,
effective immediately, without the requirement of severance under the terms of
his employment. Councilmember Castaneda seconded the motion and it carried
4-1, with Deputy Mayor Rindone voting no.
11. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE
TO LITIGATION PURSUANT TO GOVER.NMENT CODE SECTION 54956.9(b)
Two cases
Case 1:
ACTION:
Councilmember McCann moved to authorize and direct the City Attorney to
release on Friday, September 19, 2008, at 5:00 p.m., to the Copley Press, in
response to its July 14, 2008 Public Records Act request, records that are
responsive to that request, except for personal financial accounting information.
Councilmember Ramirez seconded the motion and it carried 4-1, with Deputy
Mayor Rindone voting no.
Case 2:
No reportable action was taken on this item.
ADJOUR.NMENT
At 11 :35 p.m., Mayor Cox adjourned the meeting to the Regular Meeting of September 23, 2008
at 6:00 p.m. in the Council Chambers.
&~~ ~ #~j
Lorraine Be ett, CMC, Deputy City Cler
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