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HomeMy WebLinkAboutcc min 2008/10/21MINUTES OF A REGULAR MEETING OF THE CITY COUNCTL OF THE CITY OF CHULA VISTA October 21, 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: Interim City Manager Tulloch, Interim City Attorney Miesfeld, City Clerk Norris, and Deputy City Clerk Bennett PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY Mayor Cox announced that the City recently received an awazd for a program started by Principal Civil Engineer Ammerman, in an effort to bring government, private individuals, and businesses together in a campaign to promote sustainability. Staffinember Ammerman displayed the Industrial Environmental Association's "Environmental Stewardship Award" for the City's clean campaign, an innovative community outreach approach to engage residents, businesses and visitors in the Citys environmental programs with the goal to transform good intentions into tangible nations. Mayor Cox also recognized staffinembers Michael Meacham, Brendan Reed, and Lynn France. CONSENT CALENDAR (Items 1 through 9) Item 5 was removed from the Consent Calendaz for discussion by Deputy Mayor Rindone. Councilmember Castaneda stated he would be abstaining from voting on Item 9, due to the proximity of his residence to the event location. With respect to Item 7, Deputy Mayor Rindone stated he was pleased to see the adoption of the proposed policy. 1. APPROVAL OF MINUTES of August 12 and September 9, 2008. Staff recommendation: Council approve the minutes. Page ] -Council Minutes October 21, 2008 CONSENT CALENDAR (Continued) 2. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTERS 20.04 AND 5.02 OF THE CHULA VISTA MUNICIPAL CODE BY ADDING SECTIONS 20.04.025 AND 20.04.050 AND A CROSS REFERENCE IN SECTION 5.02 (FIRST READING) On July 10, 2008 City Council approved the Climate Change Program's implementation plans for seven new measures to reduce Chula Vista's citywide greenhouse gas or "cazbon" emissions by lowering energy and water consumption, installing renewable energy systems, promoting alternative fuel vehicles and designing pedestrian and transit- friendly communities. Climate Change Program Measure #3's implementation plan directs staff to create a new municipal ordinance that encourages businesses to participate in a free energy and water assessment of their facilities. Adoption of the ordinance assists businesses with identifying opportunities to reduce their monthly utility costs through a no-cost, voluntary assessment program, which will be integrated into the business licensing process. (Conservation & Environmental Services Director) Staff recommendation: Council hold first reading of the ordinance. 3. RESOLUTION NO. 2008-240, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AMENDMENT TO THE GRANT OF EASEMENTS AND MAINTENANCE AGREEMENT FOR AUTO PARK NORTH TENTATIVE PARCEL MAP 03-03 The proposed amendment will allow and obligate Chula Vista Auto Pazk Association, a California nonprofit mutual benefit corporation, to perpetually maintain curb inlet inserts within the public right-of--way. (City Engineer/Engineering Director) Staff recommendation: Council adopt the resolution. 4. RESOLUTION NO. 2008-241, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE EXECUTION AND DELIVERY OF A SECOND SUPPLEMENTAL BOND INDENTURE IN CONNECTION WITH THE CITY OF CHULA VISTA COMMUNITY FACILITIES DISTRICT NO. 07-I (OTAY RANCH VILLAGE 11) 2004 SPECIAL TAX BONDS AND 2006 SPECIAL TAX BONDS Community Facilities District No. 07-I was formed to provide the financing for streets and infrastructure for Otay Ranch Village 11 (WindingWalk). The developer, Brookfield Shea Otay, has requested that funds, previously budgeted for major roads on the perimeter of the project (within the Transportation Development Impact Fee program), be used for backbone roads within the project. The Second Supplemental Bond Indenture provides for this action. (City Engineer/Engineering Director, Finance Director) Staff recommendation: Council adopt the resolution. Page 2 -Council Minutes October 21, 2008 CONSENT CALENDAR (Continued) 5. Item 5 was removed from the Consent Calendaz. 6. RESOLUTION NO. 2008-242, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING FISCAL YEAR 2007/2008 BUDGET IN ACCORDANCE WITH THE COUNCIL POLICY ON FINANCIAL REPORTING AND TRANSFER AUTHORITY (4/STHS VOTE REQUIRED) The Council Policy on Financial Reporting and Transfer Authority requires all departments complete the fiscal year with a positive balance in each budget summary category (Personnel Services, Supplies and Services, Other Expenses and Capital). In order to comply with the intent of this policy, the transfers discussed in the report are recommended for approval. All General Fund transfers can be accomplished using existing appropriations. (Finance Director/Treasurer) Staff recommendation: Council adopt the resolution. 7. RESOLUTION NO. 2008-243, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE PURCHASING ENVIRONMENTALLY PREFERABLE PRODUCTS POLICY The City's Finance Department has an Environmentally Preferable Purchasing Policy (EPP) designed to encourage departments to purchase, whenever practical, environmentally preferable products. (Finance Director, Government Relations Liaison, Public Works Director) Staff recommendation: Council adopt the resolution. 8. RESOLUTION NO. 2008-244, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING UPDATES AND CHANGES TO THE RECYCLING AND SOLID WASTE PLANNING MANUAL AND AUTHORIZING THE CITY MANAGER OR DESIGNEE TO APPROVE FUTURE UPDATES TO THE MANUAL On January 24, 2007, the Regional Water Quality Control Board adopted the National Pollutant Discharge Elimination System (NPDES) Municipal Permit, which requires jurisdictions within San Diego County to develop and enforce actions that prohibit the discharge of pollutants into the City's storm drains. Adoption of the resolution updates the City's Recycling and Solid Waste Planning Manual and includes requirements for recycling and solid waste enclosures and storage areas in new industrial, commercial, and multi-family developments to be designed with solid roofs to prevent storm water contact with trash and recyclables. It also includes allowing future updates to the manual to be made administratively with the approval of the City Manager or designee. (Public Works Director) Staff recommendation: Council adopt the resolution. Page 3 -Council Minutes October 2l, 2008 CONSENT CALENDAR (Continued) 9.A. RESOLUTION NO. 2008-245, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING CLOSURE OF THIRD AVENUE FROM "D" STREET TO "I" STREET AND "H" STREET BETWEEN SECOND AND FOURTH AVENUES AND PORTIONS OF INTERSECTING STREETS FOR THE ANNUAL STARTLIGHT PARADE ON DECEMBER 6, 2008 FROM 1 P.M. TO 10 P.M. B. RESOLUTION NO. 2008-246, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT BETWEEN CITY OF CHULA VISTA AND THIRD AVENUE VILLAGE ASSOCIATION FOR THE 46TH ANNUAL STARLIGHT PARADE ON DECEMBER 6, 2008 The annual Starlight Parade is a long standing holiday tradition in the community and will be held for the 46th year in Chula Vista. For the pazade, the Third Avenue Village Association requests the closure of Third Avenue between "D" and "I" Streets, between Second and Fourth Avenues and portions of intersecting streets from 1 p.m. to 10 p.m. on Saturday, December 6. (Communications Director] Staff recommendation: Council adopt the resolution. ACTION: Deputy Mayor Rindone moved to approve staff's recommendations to adopt Consent Calendaz Items 1-4 and 6-9, headings read, text waived. Councilrnember Ramirez seconded the motion and it carried 5-0, except on Item 9, which carried 4-0-1, with Councilmember Castaneda abstaining. ITEMS REMOVED FROM THE CONSENT CALENDAR 5. FISCAL YEAR 2007/2008 ANNUAL FINANCIAL STATUS REPORT This report was provided in order to meet the City Charter requirement of publishing the City's Combined Statement of Revenues, Expenditures and changes in Fund Equity in the local newspaper within 120 days of the close of the fiscal year. The statement is scheduled for publication in the October 24th issue of The Staz News, which is the City's adjudicated newspaper of general circulation. (Finance Director) Staff recommendation: Council accept the report. Deputy Mayor Rindone requested staff s assessment as to why the amount of the Real Property Transfer Tax was less than half of what was projected. Finance Director Kachadoorian explained that the transfer tax was part of the base budget in the spring of 2007, prior to knowledge about current sub-prime rates, but was since adjusted as part of the quarterly projections presented to the Council, and part of the identified budget gap. Councilmember McCann clarified, and staff confirmed that the projected General Reserve Fund was ahead of what had been forecasted for the yeaz's-end. Further discussion ensued regazding past historical reserve levels in the City. Page 4 -Council Minutes October 21, 2008 CONSENT CALENDAR (Continued) Deputy Mayor Rindone suggested a future Council Workshop to discuss GASB 45, Governmental Accounting Standards Boazd regulations that required governmental entities to disclose their retiree health-care expenses. ACTION: Deputy Mayor Rindone moved to accept the Fiscal Year 2007/2008 Annual Financial Status Report. Councilmember Castaneda seconded the motion and it carried 5-0. PUBLIC COMMENTS Guillermo Lopez, Chula Vista resident, asked the Council to think about the issue of the proposed pecker plant, and expressed concern about pollutants affecting the community. Steve Eastis, Chula Vista resident, representing the Third Avenue Village Association, thanked the City for its assistance with the success of the City's first bridal extravaganza/Quinceaiiera event at Memorial Pazk. Theresa Acerro, Chula Vista resident, representing the Southwest Chula Vista Civic Association. spoke about issues related to the proposed pecker power plant, stating that nothing was being done to shut down the cun•ent power plant or to avoid improper placement of the proposed power plant. She also addressed the disrepair of City streets and sidewalks, poor conditions of alleys and drainage, and issues with mosquitoes around trail areas. Carlos Lopez, Chula Vista resident requested Ms. Acerro to read his statements regarding the dangers of the proposed pecker power plant and its effects on the health of children in the area. He requested that the Council direct staff to tell the Californian Energy Commission that according to the 2005 Chula Vista General Plan, the power plant was in the wrong location, or to face the humiliation of a recall. Diana Vera, Chula Vista resident, stated that the decision for recall of the Mayor came from a group of dissatisfied community members, and stated that decisions regazding the proposed pecker power plant were made behind closed doors. Coraciela Martinez, Chula Vista resident, did not speak, but instead, displayed a video that conveyed concerns in her neighborhood regarding the proposed pecker power plant and its associated health issues, and potential to lower property values in the area. Laura Davis, representing Difference Makers International, home of the Blue Ribbon program, stated that the program offered kids a voice for change. She then introduced Roberto De La Pena, Student Body President. High Tech High School, and recent program graduate. Ms. Davis explained that the program included eradicating bullying; making kids' dreams comes true, and building love and respect with blue ribbons. She announced two upcoming events at Turning the Hearts Center: "Teens Train Teens", on November 1, 2008 from 2:00 p.m. to 4:00 p.m., and "Blue Ribbon-A-Thon" on November 8, 2008. Page 5 -Council Minutes October 21, 2008 PUBLIC COMMENTS (Continued) Roberto De La Pena, San Ysidro resident, representing Difference Makers International, explained that the program provided kids with a voice and tools to build confidence. He invited the Council to attend the events and to be part of the program. PUBLIC HEARINGS 10. CONSIDERATION OF AMENDING THE CITY'S MASTER FEE SCHEDULE AND ESTABLISHING NEW GREENS FEES AT CHULA VISTA MUNICIPAL GOLF COURSE American Golf Corporation (AGC) is requesting rate changes to greens fees for the Chula Vista Municipal Golf Course. In accordance with the lease agreement, AGC can submit rate changes on an annual basis for the City's review and approval. The current greens fees have been in effect since August 1, 2006. This item was continued from the meeting of October 14, 2008. (Public Works 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 McCann stated he would be abstaining from voting on Item 10, due to the proximity of his property to the golf course. He left the dais at 6:47 p.m. Mayor Cox opened the public hearing. There being no members of the public who wished to speak, she then closed the public hearing. ACTION: Deputy Mayor Rindone moved to adopt the following Resolution No. 2008-247, heading read, text waived: RESOLUTION NO. 2008-247, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING CHAPTER VIII (GREENS FEES, CHULA VISTA MUNICIPAL GOLF COURSE) OF THE CITY'S MASTER FEE SCHEDULE AND ESTABLISHING NEW GREENS FEES AT CHULA VISTA MUNICIPAL GOLF COURSE Councilmember Ramirez seconded the motion and it carried 4-0-1 with Councilmember McCann abstaining. Councilmember McCann returned to the dais at 6:49 p.m. ACTION ITEMS 11. CONSIDERATION OF APPROPRIATION OF PARK ACQUISITION AND DEVELOPMENT FUNDS TO DEVELOP MASTER PLANS FOR THE OTAY RANCH COMMUNITY MASTER PARK AND THE OTAY RANCH VILLAGE II NEIGHBORHOOD PARKS Page 6 - Counci] Minutes October 21, 2008 ACTION ITEMS (Continued) Adoption of the proposed resolutions appropriate funds to develop the Master Plans for the Otay Ranch Community Park (previously referred to as 70-Acre Pazk), and Otay Ranch Village 2 neighborhood pazks. It is anticipated that the master planning process including land parcel acquisition, site analysis, and conceptual design for the Otay Ranch Community Park will take 18 to 30 months. The Master Plan programming and conceptual design for the two Otay Ranch neighborhood pazks is each estimated to be completed within 12 to 18 months. Sufficient monies are available in the Park Acquisition and Development Fund to fund these work efforts. (City Engineer/Engineering Director) ACTION: Deputy Mayor Rindone moved to adopt the following Resolution Nos. 2008-248, 2008-249, and 2008-250, headings read, text waived: A. RESOLUTION NO. 2008-248, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING A NEW CAPITAL IMPROVEMENT PROJECT ENTITLED "OTAY RANCH COMMUNITY PARK CIP NO. PR26]", AMENDING THE FISCAL YEAR 2008/2009 CAPITAL IMPROVEMENT BUDGET. AND APPROPRIATING $697,764 FROM THE PARK ACQUISITION AND DEVELOPMENT FUND TO CIP NO. PR261 TO DEVELOP A MASTER PLAN FOR THE OTAY RANCH COMMUNITY PARK (4/STHS VOTE REQUIRED) B. RESOLUTION NO. 2008-249, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING TWO NEW CAPITAL IMPROVEMENT PROJECTS ENTITLED "OTAY RANCH VILLAGE 2 NEIGHBORHOOD PARK P-2 CIP NO. PR309" AND "OTAY RANCH VILLAGE 2 NEIGHBORHOOD PARK P-3 CIP NO. PR308", AMENDING THE FISCAL YEAR 2008/2009 CAPITAL IMPROVEMENT BUDGET, AND APPROPRIATING $122,000 FROM THE PARK ACQUISITION AND DEVELOPMENT FUND CIP NO. PR308 AND APPROPRIATING $122,000 FROM THE PARK ACQUISITION AND DEVELOPMENT FUND CIP NO. PR309 TO DEVELOP MASTER PLANS FOR THE OTAY RANCH VILLAGE 2 NEIGHBORHOOD PARK P-2 AND THE OTAY RANCH VILLAGE 2 NEIGHBORHOOD PARK P-3 (4/STHS VOTE REQUIRED) C. RESOLUTION NO. 2008-250, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING A NEW CAPITAL IMPROVEMENT PROJECT ENTITLED "SUNSET VIEW PARK SAFETY NETTING CIP NO. PR303", AMENDING THE FISCAL YEAR 2008/2009 CAPITAL IMPROVEMENT BUDGET, AND APPROPRIATING $150,000 FROM THE PARK ACQUISITION AND DEVELOPMENT FUND FOR SAFETY NETTING AT THE SUNSET VIEW PARK ROLLER HOCKEY RINK (4/STHS VOTE REQUIRED) Councilmember Ramirez seconded the motion and it carried 5-0. Page 7 -Council Minutes October 21, 2008 OTHER BUSINESS 12. CITY MANAGER'S REPORTS Interim City Manager Tulloch asked the Council to consider canceling the Council Meeting of October 28, 2008, due to the lack of agenda items. It was the consensus of the Council to cancel the meeting. He further stated that a proposed budget for fiscal yeaz 2009/2010 would be presented at the December 4, 2008 Council Workshop. To that end, he recommended that a prior Council Workshop be conducted to assist staff with abroad-brush review for revenue projections and initial input to set the stage for the December 4`h Workshop. He suggested that the workshop be scheduled for November 17, 2008 or alternatively, in conjunction with the regulazly scheduled Council Meeting of November 18, 2008. It was the consensus of the Council to respond to staff with suggested dates via a-mail. 13. MAYOR'S REPORTS Mayor Cox announced her participation in the recent grand opening and ribbon cutting of the Mazia Candalaria on Third Avenue, and the recent opening of the Pride Martial Arts studio in the San Miguel Ranch community. She announced a free home clinic for distressed homeowners on October 25, 2008, at the Civic Center Branch Librazy, from 10:00 a.m. to 3:00 p.m. She stated that further information about the clinic was available at www.housingcollaborative.org. She announced Nature Center Wildlife Refuge week, commencing October 18, 2008, with more information at www.cvnc.us. Mayor Cox noted that the December 2, 2008 Special Council Meeting would commence at 6:00 p.m. rather than 4:00 p.m. in order to certify the election results. 14. COUNCIL COMMENTS Councilmember Ramirez spoke about his attendance at the recent classical guitarist concert at the South Chula Vista Library, and he thanked staff for hosting the well-attended event. He spoke about inquiries he received regazding the Chula Vista Animal Caze facility, and thanked staff for making themselves available to showcase the facility improvements. He also reminded the community of the importance of spaying and neutering pets. Councilmember Castaneda informed the community of a free workshop for local small business retailers, about the practice of safe alcohol and sales service. The workshop was scheduled for November 6, 2008, from 1:00 p.m. to 3:00 p.m., at the Chula Vista Police Department. He requested that the notice about the workshop be posted on the City's website. Councilmember McCann thanked Recreation Director Martin, Interim Fire Chief Geering, and staff, for their proactive approach in providing a pool safety education program. Deputy Mayor Rindone congratulated the Christmas in October Captains for their leadership and participation in the recent event, and also recognized Dr. Emerald Randolph for her leadership as the event organizer. He spoke about his recent attendance at the Western Salt Project Bayshore Bikeway groundbreaking event, and recognized and congratulated County Supervisor Cox for his leadership with the project, stating that the south bay cities were all well represented by their elected officials. He then requested that the agenda be kept light for the Council Meeting of November 4, 2008, in light of the Municipal and the Presidential elections. Mayor Cox recessed he meeting to convene in Closed Session at 7:04 p.m. Page 8 -Council Minutes October 21, 2008 CLOSED SESSION 15. PUBLIC EMPLOYEE APPOINTMENT PURSUANT TO GOVERNMENT CODE SECTION 54957 Title: City Manager No reportable action was taken on this item. 16. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b): Two cases Case one: This case was not discussed and no action was taken. Case two: No reportable action was taken on this case. ADJOURNMENT At 8:15 p.m., Mayor Cox adjourned the meeting to the Regulaz Meeting of October 28, 2008 at 6:00 p.m. in the Council Chambers. j Lorraine Bennett, CMC, Deputy City Clerk Page 9 -Council Minutes October 21, 2008