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HomeMy WebLinkAboutcc min 2009/02/03MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA February 3, 2009 4:00 P.M. A Regular Meeting of the City Council of the City of Chula Vista was called to order at 4:00 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL PRESENT: Councilmembers Bensoussan, Castaneda, McCann, Ramirez, and Mayor Cox ABSENT: None ALSO PRESENT: City Manager Sandoval, 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 OATH OF OFFICE Steven Lizarraga to the Growth Management Oversight Commission City Clerk Norris administered the oath of office to Steven Lizarraga, and Deputy Mayor McCann presented him with a certificate of appointment. INTRODUCTION BY DEPUTY CITY MANAGER/LIBRARY DIRECTOR LEAH BROWDER OF EMPLOYEE OF THE MONTH, ERNESTO BARROS, LIBRARIAN II Deputy City Manager/Library Director Browder recognized and introduced employee of the month, Ernesto Barros. Mayor Cox then read the proclamation and Councilmember Castaneda presented it to Ernesto. INTRODUCTION BY DEPUTY CITY MANAGER/LIBRARY DIRECTOR LEAH BROWDER AND PUBLIC RELATIONS AND PROGRAMMING MANAGER SCOTT LOVE OF THE 5 WINNERS OF THE LIBRARY CARD DESIGN CONTEST: SAMANTHA SINKS, ALEJANDRA RAMIREZ, GRETCHEN KASLER, ANTONIO MARTIN DEL CAMPO, JR., AND NICOLE BELLA AND PRESENTATION OF AWARDS Deputy City Manager/Library Director Browder thanked the community for participating in the contest, and she recognized Public Relations and Programming Manager Scott Love for his leadership with the contest. Mr. Love presented an overview of the Library Card Design Contest. He then introduced each of the library card design winners, Samantha Sinks, Alejandra Ramirez, Gretchen Kasler, Antonio Martin Del Campo, Jr., and Nicole Bella, who each received a certificate of recognition. Page 1 -Council Minutes February 3, 2009 SPECIAL ORDERS OF THE DAY (continued) PRESENTATION BY MAYOR COX OF A PROCLAMATION TO DEBI SCHWARZ, REPRESENTING GOODRICH AEROSTRUCTURES EMPLOYEES, RECOGNIZING THEIR CONTRIBUTIONS TO THE CHULA VISTA CARES PROGRAM Mayor Cox read the proclamation and Councilmember Ramirez presented it to Debi Schwazz. CONSENT CALENDAR (Items 1- 5) Item 5 was removed from the Consent Calendaz for discussion at the request of the public. APPROVAL OF MINUTES of November 18 and 24, 2008. Staff recommendation: Council approve the minutes. 2. ORDINANCE NO. 3124, ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 2.66, SECTION 2.66255 OF THE CHULA VISTA MUNICIPAL CODE TO ALLOW BMX BICYCLE USAGE AT THE LEN MOORS SKATE PARK (SECOND READING AND ADOPTION) Adoption of the ordinance amends the Chula Vista Municipal Code to allow BMX bicycle use at Len Moore Skate Park. This ordinance was introduced on January 27, 2009. (Public Works Director/Recreation Director) Staff recommendation: Council adopt the ordinance 3. RESOLUTION NO. 2009-018, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN SOUTH BAY COMMUNITY SERVICES AND THE CITY OF CHULA VISTA FOR THE PROVISION OF FAIR HOUSING AND TENANT-LANDLORD DISPUTE SERVICES AND AUTHORIZING THE PURCHASING AGENT TO EXECUTE THE AMENDMENT AND THREE ONE- YEAR OPTIONS TO EXTEND THE AGREEMENT The City of Chula Vista solicited proposals for the provision of Fair Housing and Tenant- Landlord Dispute Services through a Request for Proposal process. South Bay Community Services, the proposed Program Administrator, has a local presence and is currently contracted with the County of San Diego as asub-contractor for fair housing counseling. Adoption of the resolution approves the contract and an "Authorization Limit" up to $14,583 through June 2009, and authorizes the purchasing agent to execute three additional one-yeaz options to extend in amounts not to exceed $35,000, $35,500, and $35,051, respectively, for a maximum authorized amount of $120,134. (Deputy City Manager/Development Services Director) Staff recommendation: Council adopt the resolution. Page - 2 Council Minutes February 3, 2009 4. RESOLUTION NO. 2009-019. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CONDITIONALLY APPROVING FINANCIAL ASSISTANCE, SUBJECT TO FUTURE APPROPRIATION FROM THE HOME INVESTMENT PARTNERSHIP (HOME) PROGRAM IN AN AMOUNT NOT-TO- EXCEED $2,400,000 TO CHELSEA INVESTMENT CORPORATION FOR THE DEVELOPMENT OF A 147 UNIT PROJECT FOR LOW INCOME HOUSEHOLDS, THE LANDINGS AT WINDING WALK-PHASE II, IN OTAY RANCH VILLAGE ELEVEN Under the Balanced Communities Policy of the City's General Plan Housing Element, Brookfield Shea Otay, LLC (master developer) has an affordable housing obligation to provide 207 total affordable units (92 low income and 115 moderate income) within the Winding Walk community. The 92 unit low income housing obligation has been satisfied. With the current economic climate and difficulty in obtaining financing, the master developer is proposing satisfaction of its moderate income obligation through the development of a second phase of low income housing. Staff recommends providing a pre-commitment of $2,400,000 from its federal HOME Investment Partnership Program funds to assist Chelsea Investment Corporation in obtaining affordable housing financing. (Deputy Director/Development Services Director) Staff recommendation: Council adopt the resolution. Item 5 was removed from the Consent Calendaz. ACTION: Deputy Mayor McCann moved to approve staff s recommendations and offered Consent Calendaz Items 1-4, headings read, text waived. Councilmember Ramirez seconded the motion and it carried 5-0. ITEMS REMOVED FROM THE CONSENT CALENDAR Councilmember Castaneda stated that he would be abstaining from voting on Item SA, and Councilmember Ramirez stated he would be abstaining from voting on Item SD, both due to the location of property they own. 5. A. RESOLUTION NO. 2009-020, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE FILING OF AN APPLICATION FOR SMART GROWTH INCENTIVE PROGRAM GRANT FUNDS THROUGH THE SAN DIEGO ASSOCIATION OF GOVERNMENTS FOR THE THIRD AVENUE STREETSCAPE MASTER PLAN IMPROVEMENTS, CONFIRMING IDENTIFIED LOCAL MATCH FUNDS FOR THE PROJECT, AND STATING THE CITY'S ASSURANCE TO COMPLETE THE PROJECT SHOULD GRANT FUNDING BE AWARDED B. RESOLUTION NO. 2009-021, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE FILING OF AN APPLICATION FOR SMART GROWTH INCENTIVE PROGRAM GRANT FUNDS THROUGH THE SAN DIEGO ASSOCIATION OF GOVERNMENTS FOR PALOMAR STREET PEDESTRIAN IMPROVEMENTS FROM THIRD AVENUE TO FOURTH AVENUE, CONFIRMING IDENTIFIED LOCAL MATCH FUNDS FOR THE PROJECT, AND STATING THE CITY'S ASSURANCE TO COMPLETE THE PROJECT SHOULD GRANT FUNDING BE AWARDED Page - 3 Council Minutes February 3, 2009 ITEMS REMOVED FROM THE CONSENT CALENDAR (continued) C. RESOLUTION NO. 2009-022, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE FILING OF AN APPLICATION FOR SMART GROWTH INCENTIVE PROGRAM GRANT FUNDS THROUGH THE SAN DIEGO ASSOCIATION OF GOVERNMENTS FOR INDUSTRIAL BOULEVARD PEDESTRIAN IMPROVEMENTS FROM NAPLES STREET TO PALOMAR STREET, CONFIRMING IDENTIFIED LOCAL MATCH FUNDS FOR THE PROJECT, AND STATING THE CITY'S ASSURANCE TO COMPLETE THE PROJECT SHOULD GRANT FUNDING BE AWARDED D. RESOLUTION NO. 2009-023, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE FILING OF AN APPLICATION FOR SMART GROWTH INCENTIVE PROGRAM GRANT FUNDS THROUGH THE SAN DIEGO ASSOCIATION OF GOVERNMENTS FOR THE PALOMAR GATEWAY DISTRICT SPECIFIC PLAN, CONFIRMING IDENTIFIED LOCAL MATCH FUNDS FOR THE PROJECT, AND STATING THE CITY'S ASSURANCE TO COMPLETE THE PROJECT SHOULD GRANT FUNDING BE AWARDED E. RESOLUTION NO. 2009-024, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE FILING OF AN APPLICATION FOR SMART GROWTH INCENTIVE PROGRAM GRANT FUNDS THROUGH THE SAN DIEGO ASSOCIATION OF GOVERNMENTS FOR THEE STREET TRANSIT FOCUS AREA PRECISE PLAN AND IMPLEMENTATION STRATEGY, CONFIRMING THE IDENTIFIED LOCAL MATCH FUNDS FOR THE PROJECT, AND STATING THE CITY'S ASSURANCE TO COMPLETE THE PROJECT SHOULD GRANT FUNDING BE AWARDED F. RESOLUTION NO. 2009-025, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE FILING OF AN APPLICATION FOR SMART GROWTH INCENTIVE PROGRAM GRANT FUNDS THROUGH THE SAN DIEGO ASSOCIATION OF GOVERNMENTS FOR THE EASTERN URBAN CENTER TRANSIT OPTIMIZATION STUDY, CONFIRMING IDENTIFIED LOCAL MATCH FUNDS FOR THE PROJECT, AND STATING THE CITY'S ASSURANCE TO COMPLETE THE PROJECT SHOULD GRANT FUNDING BE AWARDED The San Diego Association of Governments (SANDAG) has announced available capital improvement and planning project grant funding for Fiscal Yeazs 2009 and 2010 through its competitive TransNet Smart Growth Incentive Program. The call-for-projects and guidelines provide qualifying criteria and the grant application deadline is February 6, 2009. Considering the criteria, staff has proposed the submittal of a total of six grant applications; three for capital projects and three for planning projects. Adoption of the resolutions, approve submittal of the applications. (Deputy City Manager/Development Services Director) Staff recommendation: Council adopt the resolutions. Page - 4 Council Minutes February 3, 2009 ITEMS REMOVED FROM THE CONSENT CALENDAR (continued) Theresa Acerro, Chula Vista resident, representing Southwest Chula Vista Civic Association, expressed concern with the City spending money during the budget crisis. She spoke in opposition to the City hiring any consultants for the project. Advanced Planning Manager Batchelder presented an overview of the proposed SANDAG Smart Growth Incentive Program proposed projects and the funding sources for each. ACTION: Deputy Mayor McCann moved to approve staff's recommendation on Item SA and offered Resolution No. 2009-020, heading read, text waived. Councilmember Ramirez seconded the motion and it carried 4-0-1, with Councilmember Castaneda abstaining. ACTION: Deputy Mayor McCann moved to approve staffs recommendation on Items SB, SC, SE, and 5F, and offered Resolution Nos. 2009-021, 2009-022, 2009-024, and 2009-025, headings read, text waived. Councilmember Ramirez seconded the motion and it tamed 5-0. ACTION: Deputy Mayor McCann moved to approve staffs recommendation on Item SD, and offered Resolution No. 2009-023, heading read, text waived. Councilmember Castaneda seconded the motion and it carried 4-0-1, with Councilmember Ramirez abstaining. PUBLIC COMMENTS Steve Eastis, Chula Vista resident, representing the Third Avenue Village Association (TAVA), thanked the Council for its support of the recent installation event and Americans with Disabilities Act (ADA) workshop. He also thanked City staff for their work with the Third Avenue Streetscape design. He reminded the community of the weekly farmers market. Theresa Acerro, Chula Vista resident, representing the Southwest Chula Vista Civic Association, spoke in opposition to the MMC Peaker Power Plant. Imelda Hernandez, Chula Vista resident, spoke in support of retaining the STRETCH program; she stated that she was concerned that the program may be transferred to another provider. Councilmember Ramirez requested that staff provide a report to Council on the status and future of the STRETCH Program. Parks Pemberton, Chula Vista resident, stated that the condition of the City's roads was poor, and that the matter was becoming a safety issue. He suggested that someone in the City should be overseeing contractors working in the streets. He stated that the contractors need to be held accountable when they cut open and close the streets to ensure that the work is done properly. Page - 5 Counci] Minutes February 3, 2009 PUBLIC HEARING 6. CONSIDERATION OF INTENTION TO FORM ASSESSMENT DISTRICT 2008-1 (GLENHAVEN WAY) On December 16, 2008 the City Council approved the Engineer's Report for the proposed Assessment District AD 2008-01 along Glenhaven Way. Council also set the time and place for this public hearing and ordered the initiation of assessment balloting proceedings. (Public Works Director) Notice of the heazing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Real Property Manager Ryals presented an overview of the Glenhaven Way Assessment process. Deputy Mayor McCann suggested accelerating the program in order to take advantage of the current reduction in construction costs. He also asked staff to communicate with SDG&E on the status of undergrounding options for power lines in future assessment projects. Public Works Director Hopkins responded that although the City had a robust undergrounding program, precedence was given first to arterials, rather than residential, as set forth by criteria previously set by the Council. He stated that communication on the matter of undergrounding was ongoing between City staff and SDG&E. Mayor Cox opened the public hearing. Theresa Acerro, Chula Vista resident, representing the Southwest Chula Vista Civic Association, spoke in support of the project. She thanked the City for its work, and stated she was pleased to see reduced project costs. There being no further members of the public who wished to speak, Mayor Cox closed the public hearing, and directed the City Clerk to tabulate the final ballot count, and certify the election. Councilmember Ramirez suggested that in the future, projects should be prioritized according to the greatest benefit to the public, and that the City's portion of the funding should be based on the public benefits. Councilmember Bensoussan asked about public outreach as far as the process for formation of an assessment district. Public Works Director Hopkins responded that staff would provide information about the process on the City's website. Mayor Cox suggested that a temporazy sign be placed at the Glenhaven Way assessment district, indicating that the improvements for the neighborhood were a cooperative effort between property owners and the City. Mayor Cox asked Public Works Director Hopkins to address future road improvements if the government passed an economic stimulus package, and how it would tie in to the proposed work in the Castle Pazk azea. Director Hopkins responded that additional funding would assist with curb, gutter, sidewalk, and wheelchair accessible ramp improvements. Page - 6 Council Minutes February 3, 2009 PUBLIC HEARING (continued) Deputy City Clerk Bennett announced the results of the ballot tabulation, reporting that 13 ballots were received; of those, 9 were in favor, 3 were opposed, and 1 ballot did not indicate a yes or a no. Therefore, the proposed assessment district was passed by a majority vote of the residents. ACTION: Deputy Mayor McCann moved to adopt the following Resolution No. 2008-026, heading read, text waived: RESOLUTION NO. 2009-026, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CERTIFYING THE RESULTS OF THE PUBLIC HEARING AND ASSESSMENT DISTRICT BALLOT TABULATION FOR PROPOSED ASSESSMENT DISTRICT NO. 2008-01 (GLENHAVEN WAY), ORDERING THE FORMATION AND ESTABLISHMENT OF SUCH DISTRICT, IMPOSITION OF ASSESSMENTS ON PROPERTIES THEREIN, AND THE CONSTRUCTION OF IMPROVEMENTS RELATED THERETO Councilmember Castaneda seconded the motion and it carried 5-0. OTHER BUSINESS 7. CITY MANAGER'S REPORTS City Manager Sandoval reported that staff had reached closure with CalTrans with its support for placement of the auto dealership sign. He reported an anticipated completion date in late 2009. 8. MAYOR' S REPORTS Mayor Cox announced that the Nature Center Subcommittee would be meeting jointly with the Friends of the Nature Center on Monday, February 9, 2009, at 5:30 p.m. at the Chula Vista Nature Center. 9. COUNCILMEMBERS' COMMENTS Deputy Mayor McCann thanked City Manager Sandoval for making progress on the auto dealership sign. He acknowledged and thanked Councilmember Ramirez for his participation in the successful Technology Subcommittee kickoff meeting, and stated that a report on the meeting would be forthcoming to the Council. He stated that he looked forward to moving forward with discussions on the Chazgers relocation in a fair and transparent manner. Furthermore, he stated that he would not be supportive of the relocation if it was not a benefit to the City. He also stated that on January 16, 2009, he attended a meeting with Mr. Fabiani, Planning Director Halbert, and City Manager Sandoval to discuss moving forwadd, and that a Chargers Subcommittee meeting would be scheduled for further discussion. Page - 7 Council Minutes February 3, 2009 COUNCILMEMBERS' COMMENTS (continued) Councilmember Bensoussan stated that the Third Avenue Streetscape Master Plan would be presented at the Northwest Civic Association Meeting on February 9, 2009, at the Chula Vista Public Library. She announced that the Chula Vista Chamber of Commerce Installation event was scheduled for Friday, February 6, 2009, and that tickets for the event may still be available. Councilmember Castaneda requested that staff draft a City policy regarding usage of City-issued cell phones, and usage of City-owned equipment by staff. Councilmember Ramirez requested that staff provide an update on the road closure for construction on Third Avenue, between Palomaz and Quintazd Street. He spoke about his recent Public Office Hours meeting that addressed traffic issues related to sidewalk striping, and parking along Monarch. He asked staff to go back to the residents of the neighborhood to get their feedback on ways to resolve some of the issues related to the condition of their neighborhood. Mayor Cox recessed the meeting to convene in Closed Session at 5:32 p.m. CLOSED SESSION 10. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) Hector Valenzuela v. Alberto Morales & City of Chula Vista, San Diego Superior Court, Case No. GIS25502 No reportable action was taken on this item. 1 L CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE 54957.6 Agency designated representatives: Jim Sandoval, Scott Tulloch, Mazcia Raskin, Bart Miesfeld, Rod Betts, Maria Kachadoorian, Leah Browder Employee organizations: CVEA, IAFF, POA, WCE, Mid-Management, Professional and Unrepresented Groups No reportable action was taken on this item. ADJOURNMENT At 5:52 p.m., Mayor Cox adjourned the meeting to the Regulaz Meeting of February 10, 2009 at 6:00 p.m. in the Council Chambers. Lorraine Bennett, CMC, Deputy City Clerk Page - 8 Council Minutes February 3, 2009