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HomeMy WebLinkAbout2009/09/15 Item 1DRAFT MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA May 26, 2009 A Regulaz Meeting of the City Council of the City of Chula Vista was called to order at 4:02 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Councilmembers: Castaneda, McCann, Ramirez, and Mayor Cox ABSENT: Bensoussan 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 Mayor Cox announced that the meeting would adjourn in memory of Pat Slyke, who passed away on April 18th. SPECIAL ORDERS OF THE DAY • PRESENTATION OF A PROCLAMATION TO THE EASTLAKE HIGH SCHOOL CONCERT BAND, DIRECTED BY MR. CHARLES WOLF, HONORING THEM FOR BEING SELECTED TO PERFORM AT CARNEGIE HALL IN NEW YORK CITY ON JUNE 16, 2009 Mr. Wolf talked about the audition and selection process for the Eastlake Concert Band, which was one of four groups selected nation-wide to perform at Carnegie Hall on June 16th. Mayor Cox read the proclamation and Deputy Mayor McCann presented it to Mr. Wolf. • PRESENTATION OF A DONATION BY DALE PEKING OF $7,000 TO THE CHULA VISTA PUBLIC LIBRARY FOR THE HERITAGE MUSEUM Principal Librarian Loney recognized Mr. Pering, who donated $7,000 to the Library, for the Chula Vista Heritage Museum. She invited Mr. Pering to present the check to Carlos Fox, President of the Heritage Museum, who accepted it on behalf of the museum. • PRESENTATION OF A PROCLAMATION TO SALLY COX, EXECUTIVE DIRECTOR, SAN DIEGO CRIME STOPPERS BY MAYOR COX PROCLAIMING TUESDAY, MAY 26, 2009 AS SAN DIEGO CRIME STOPPERS DAY IN CHULA VISTA Captain Miranda introduced Sally Cox, who introduced Deputy Adriana Uribe with the Sheriff s Department. Mayor Cox then read the proclamation and Councilmember Castaneda presented it to Sally COX. Page 1 -Council Minutes / May 26, 2009 f ~~ / DRAFT SPECIAL ORDERS OF THE DAY (Continued) • RECOGNITION OF THE CHULA VISTA ROTARY CLUB'S DONATION TO THE CITY OF CHULA VISTA OF A CAMPHOR TREE (NAMED THE EISENHOWER TREE) AND A PLAQUE IN HONOR OF PRESIDENT DWIGHT D. EISENHOWER'S VISIT TO CHULA VISTA ON OCTOBER 21, 1960 Councilmember Ramirez spoke about the recent Eisenhower tree dedication at City Hall and presented a video of the dedication event. He then introduced retired Judge and former City Attorney, Mannie Kugler, who provided his perspective of President Eisenhower's visit to Chula Vista. Steve Meisen, former Rotary President, thanked Councilmember Ramirez for initiating the tribute to President Eisenhower, and commented that the Rotary Club wished to continue working with staff to provide a display of the event in the lobby of City Hall. Rotary President, Dwayne Buckingham, thanked Councilmember Ramirez and Mayor Cox for their participation in the event. He also recognized Rotarians present in the audience. Councilmember Ramirez thanked the Rotarians and Judge Kugler for their contribution towazds the event. He then suggested to staff, that the plaque and tree display serve as an opportunity to invite the community to visit City Hall. He also recognized Council Aide, Shari Watson and the Communications Department staff for their work with the event. CONSENT CALENDAR (Items 1-7) Items 6 and 7 were pulled from the Consent Calendaz for discussion by the Council. 1. APPROVAL OF MINUTES of the Special and Regulaz Meetings of Januazy 13, 2009. Staff recommendation: Council approve the minutes. 2. WRITTEN COMMUNICATIONS Letter of resignation from Port Commissioner Michael Najera. Staff recommendation: Council accept the resignation. (The vacancy was posted May 18, 2009, in accordance with the Maddy Act.) 3. RESOLUTION NO. 2009-120, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA RECITING THE FACT OF THE MUNICIPAL ELECTION HELD IN THIS CITY ON MAY 5, 2009, DECLARING THE RESULTS THEREOF, AND SUCH OTHER MATTERS AS ARE PROVIDED BY LAW Page 2 -Council Minutes May 26, 2009 /~ ~~ DRAFT CONSENT CALENDAR (Continued) The San Diego Registrar of Voters has transmitted the certified results of the Municipal Election held on May 5, 2009. Elections Code Section 10262(b) requires the City Clerk, as the City elections official, to certify the results of the election to the City Council, and the Council to adopt a resolution reciting the fact of the election. Adoption of the resolution declares the results of the Municipal Election. (City Clerk) Staff recommendation: Council adopt the resolution. 4. RESOLUTION NO. 2009-122, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE REVISED CAFETERIA BENEFITS PLAN FOR 2009 On February 4, 2009, President Bazack Obama signed into law the Children's Health Insurance Program Reauthorization Act of 2009, which extends and expands the State Children's Health Insurance Program (SCHIP). This new law provides additional special enrollment rights to employees and their dependents covered in the City's group health plan. The Internal Revenue Code requires employers to include this coverage change in their Summazy Plan Document (SPD). Adoption of the resolution fulfills this requirement. (Human Resources Director) Staff recommendation: Council adopt the resolution. RESOLUTION NO. 2009-123, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA. APPROVING AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND D-MAX ENGINEERING, INC. FOR NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) DRY WEATHER FIELD SCREENING AND ANALYTICAL MONITORING SERVICES AND GRANTING THE CITY MANAGER THE AUTHORITY TO APPROVE UP TO TWO ONE-YEAR EXTENSIONS TO SAID AGREEMENT The City's NPDES permit from the California Regional Water Quality Control Board, San Diego Region, requires the City to annually conduct dry weather field screening, analytical monitoring (effluent sampling, chemical analysis, observation of physical conditions, and laboratory testing), trash monitoring, and Municipal Sepazate Storm Sewer System (MS4) Outfall monitoring at major outfalls during the dry weather season. Due to the expertise and specialized equipment necessazy to perform these services, it is necessary to retain an outside consultant. Proposals were requested from qualified engineering and environmental consulting firms. (Public Works Director) 6. This item was removed from the Consent Calendaz. This item was removed from the Consent Calendaz. ACTION: Deputy Mayor McCann moved to approve staff s recommendations and offered Consent Calendar Items 1-5, headings read, text waived. Councilmember Ramirez seconded the motion and it carried 4-0. Page 3 -Council Minutes May 26, 2009 ~~ ~~ DRAFT ITEMS REMOVED FROM THE CONSENT CALENDAR 6. RESOLUTION NO. 2009-124, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE AGREEMENT WITH PUBLIC FINANCIAL MANAGEMENT, INC. TO PROVIDE FINANCIAL ADVISORY SERVICES On January 20, 2009, the City Council approved a Fiscal Health Plan that provides for a long-term financial strategy. To this end, staff issued a Request for Proposal (RFP) for financial advisory services to assist in preparing this long-term financial strategy. As part of this financial strategy, it is anticipated that debt restructuring may be a recommended course of action. The financial advisory firm would assist the City in restructuring its debt in a way that would best meet the City's long-term financial goals. (Finance Director) Councilmember Castaneda stated that he had an opportunity to discuss his concerns on the item with staff, which had been addressed with asingle-dimensional process to hire a consultant to look at various opportunities in the bond mazket, and a public discussion to determine short, medium and long term debt restructuring, prior to any decisions by the Council. ACTION: Councilmember Castaneda moved to adopt Resolution No. 2009-124, heading read, text waived. Deputy Mayor McCann seconded the motion and it carried 4-0. 7. RESOLUTION NO. 2009-125, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING ADESIGN-BUILD AGREEMENT WITH YOUNG ELECTRIC SIGN COMPANY (YESCO) FOR THE DESIGN AND CONSTRUCTION OF THE CHULA VISTA AUTO PARK SIGN (CIP NO. RD248) The City has selected a contractor to design and build a freeway sign for the Chula Vista Auto Pazk. Adoption of the resolution awards the contract to Young Electric Sign Company. (Public Works Director) Ron Breen, Chula Vista resident, representing Ultrasigns, Inc, questioned the vendor selection process for the project, stating that the RFP process was flawed and pre-determined, and he requested that the project be re-bid. Theresa Acerro, Chula Vista resident, concurred with the comments by Mr. Breen. She stated that the Redevelopment Agency should be paying for the sign as agreed to in the original agreement, and that the $1.2 million could be better spent on capital projects that would benefit the entire community. She also questioned who would be responsible for the ongoing maintenance of the sign. She stated that preference for contracts should be given to local businesses and workers. Mayor Cox cited a written communication received on the dais from Douglas G. Fuller, President, Fuller Ford/Honda/Kia, dated May 26, 2009, indicating support for the design and installation of the proposed sign. Page 4 -Council Minutes May 26, 2009 / ~A~ DRAFT ITEMS REMOVED FROM THE CONSENT CALENDAR (Continued) Director of Public Works Operations Hopkins responded to comments by the speakers, stating that staff believed the selection process for the bid to be fair, that a written determination for the protest heazing was provided to the Council on the dais, and that staff s review of the selection process revealed no notion of apre-selection. He added that the next steps would include approval by the Council to move forward with construction, environmental review, and design of the sign, which would include public input together with the design team and City staff. Deputy City Attorney Miller further stated that the City was negotiating for an easement on the proposed property for the sign location, at no cost to the City. Wayne Meyer, representing Toyota Chula Vista, stated that the proposed sign would validate the Chula Vista Auto Pazk and be competitive with other local auto pazks. He stated that the sign design would require the input of the Chula Vista Auto Park Association, in consultation with all local dealerships, the City, and the public, to ensure that the sign was reflective of the needs of the community and the sign advertisers. He commented that the freeway sign was critical to establish awareness of dealerships in Chula Vista, and he spoke in support of moving forward with the project. Dave Jones, Clazemont resident, representing Young Electric Sign Company, addressed some of the issues by raised by Ultra Signs. He stated that no sign design had been detemuned, and he complimented staff on the RFP process, stating that Young Electric Sign Company had received no preferential treatment in the RFP process. Councilmember Ramirez suggested consideration of establishing a Council Policy to offer preference to local companies on requests for proposals. Finance Director Kachadoorian responded that the City offered a one percent discount because of the sales tax that a business would generate to the City. Councilmember Ramirez requested that the sales tax incentive, as well as anything else that would attract local businesses, be included as part of the Council Policy consideration. ACTION: Deputy Mayor McCann moved to approve Resolution No. 2009-125, heading read, text waived. Councilmember Ramirez seconded the motion and it carried 4-0. PUBLIC COMMENTS Andrew Fondacazo, Chula Vista resident, representing the Chula Vista Fire Department, stated that the proposed brown-out of appazatus at Fire Station 7 would be a direct safety threat to families in the Otay Ranch area, and he asked the Council for its consideration to delay the matter in order for staff to provide more information on the dangers of a brown out. Trevor Flores, Chula Vista resident, representing Chula Vista Fire Local 2180, stated that the proposed Fire Department brown-out at Fire Station 7 was a violation of the agreement made by the firefighters to protect its citizens. He suggested Council consideration to 1) remove the closing of a company 2) re-direct the Fire Chief to find cuts that would not affect fire operations; and 3) allow the labor group and Management to work together to seek alternative cuts that would not affect fire service levels. Page 5 -Council Minutes May 26, 2009 ~~. J DRAFT PUBLIC COMMENTS (Continued) Mauricio Chamat, Chula Vista resident, representing Villa Tempra Homeowners Association, spoke about issues regazding notification by the Fire Department that the gates of the complex did not meet current code requirements. He stated that the association could not afford the installation of the equipment, nor could it afford to pay $400, should the association decide to appeal the requirement. He asked for Council consideration to review the matter. Mayor Cox referred the matter to staff. Ed Herrera, Chula Vista resident, representing the Chula Vista Civic Association, submitted to the Council a letter dated May 26, 2009, requesting support of proposals regazding budget reductions. Chris Altbaum, Chula Vista resident, stated that his business was recently cited and fined by the City for display of an illegal banner sign. To that end, he stated that the City had taken no action on complaints he had filed for similaz illegal placement of signs by other local businesses. He suggested that the Municipal Code be re-written to allow banners within the City without a temporary sign permit, and to allow businesses to use whatever signs they felt necessazy, without interference of public right-of--way, and asked that the $200 fine imposed on his business be refunded. Theresa Acerro, Chula Vista resident, representing the Southwest Chula Vista Civic Association, presented a video regarding infrastructure needs for the Woodlawn Pazk community. City Manager Sandoval responded to comments about the proposed brown-out of appazatus at Fire Station 7, stating that the recommendation was part of the budget reduction plan, approved by the Council on Januazy 13, 2009, resulting in a $1.4 million cost savings, with the least impacts on public safety. He further stated that the decision was could be reversed, should an alternative scenario be provided for Council consideration. Deputy Mayor McCann asked staff whether the proposed brown-out would have a negative effect on fire response times. Fire Chief Hanneman responded affirmatively, stating that any reduction in service would result in delayed response times, but that the recommendation was the best option, although staff was looking at other alternatives. ACTION ITEMS Mayor Cox announced that Item 9 would be taken out of order and addressed prior to Item 8. 9. CONSIDERATION OF PUBLIC TESTIMONY REGARDING THE FORMATION OF THE CHULA VISTA TOURISM MARKETING DISTRICT As part of the budget reduction actions undertaken in Fiscal Yeazs 2007-2008, City funding for the Chula Vista Convention and Visitors Bureau (CVCVB) was reduced and then eliminated. The Chula Vista Chamber of Commerce and the CVCVB, working in concert with lodging and business owners and members of the business community has prepared a plan for the formation of Chula Vista Tourism Marketing District (CVTMD) which will levy aself-assessment on motel and hotel rooms. The CVTMD will create a source of funding for renewed operation of the Convention and Visitors Bureau and for expanded promotion of tourism opportunities in the City. (Deputy City Manager/Development Services Director) Page 6 -Council Minutes May 26, 2009 ,~~-6 DRAFT ACTION ITEMS (Continued) Deputy Mayor McCann stated that he would be abstaining from the item due to the proximity of property he owns to the hotels. He then left the dais at 5:40 p.m. Director Halbert introduced the item. Christopher Altbaum, Chula Vista resident, spoke in opposition to the proposed tourism marketing district, stating that the Chula Vista Chamber of Commerce should pay for the marketing district with funding from private businesses, not at the expense of taxpayers. Ed Herrera, Chula Vista resident, representing the Chula Vista Civic Association, spoke in support of the formation of a marketing district, with assurance of accountable benchmazks. The following members of the public spoke in support of the formation of the Chula Vista Tourism Marketing District: Chris Boyd, Chula Vista resident, representing Chula Vista Chamber of Commerce Justin Craig, San Diego resident, representing The Corky McMillin Companies Nicole Hohenstein, representing the Hotel and Motel Association Lisa Cohen, Chula Vista resident, Chula Vista Chamber of Commerce Mayor Cox announced that there was no Council action required. Deputy Mayor McCann returned to the dais at 5:56 p.m. PUBLIC HEARINGS 8. CONSIDERATION OF AN APPLICATION FOR THE REZONE (PCZ-08-O1) OF THE PROPERTY LOCATED AT 1778 BROADWAY The owner of the property located at 1778 Broadway, Latif Zoura (Owner/Applicant), filed applications on November 21, 2007 for construction of a 14,105 squaze-foot, one- story, industrial building and the associated site improvements for the establishment of a recycling center. The proposed project involves the development of a vacant parcel located at the northwest corner of Broadway and Faivre Street in the southwest azea of Chula Vista within the Merged Chula Vista Redevelopment Project Area. (Deputy City Manager/Development Services 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. Senior Planner Tapia presented the proposed Broadway Recycling Center. Mayor Cox opened the public hearing. There being no members of the public who wished to speak, Mayor Cox closed the public hearing. Page 7 -Council Minutes May 26, 2009 ~~~ DRAFT PUBLIC HEARINGS (Continued) ACTION: Deputy Mayor McCann moved to adopt the following Resolution No. 2009-126 and to place the ordinance on first reading, headings read, text waived: A. RESOLUTION NO. 2009-126, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA (1) ADOPTING MITIGATED NEGATIVE DECLARATION IS-08-006; (2) APPROVING CONDITIONAL USE PERMIT PCC-08-008; (3) AND APPROVING DESIGN REVIEW PERMIT DRC-08-14 TO ALLOW THE CONSTRUCTION OF A 14,105 SQUARE-FOOT, ONE- STORY, INDUSTRIAL BUILDING AND ASSOCIATED SITE IMPROVEMENTS FOR THE ESTABLISHMENT OF A RECYCLING CENTER AT 1778 BROADWAY B. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING THE ZONING MAPS ESTABLISHED BY MUNICIPAL CODE SECTION 19.18.010 BY REZONING THE 0.88-ACRE PARCEL LOCATED AT 1778 BROADWAY FROM THE COMMERCIAL THOROUGHFARE WITH PRECISE PLAN (CT- P) ZONE TO LIMITED INDUSTRIAL WITH PRECISE PLAN (IL-P) ZONE (FIRST READING) Councilmember Castaneda seconded the motion and it carried 4-0. 9. Item 9 was taken out of order and addressed prior to Item 8. OTHER BUSINESS 10. CITY MANAGER'S REPORTS There were none. 11. MAYOR'S REPORTS Mayor Cox announced the 50th anniversary of Hoffrnan Hanono. She also stated that Otay Ranch Farmer's Mazket celebrated its one-yeaz anniversary on May 26d'; Morton Restaurants celebrated 40 years of business, and was acknowledged with a proclamation by the City to two of its local restaurants, Miguels and The Brigantine; Fuller Honda was relocating to the property formerly occupied by People's Chevrolet. She stated that May 26th was the beginning of an eight-day series for the hydrogen road tour commencing at the Olympic Training Center. She announced that the City received $2.5 million in capital project priority recommendations by SANDAG for the Industrial Boulevazd Bike lane and pedestrian improvements, the Third Avenue Streetscape Project, and additional $400,000 for the Palomaz Gateway District Specific Plan and EIR. Mayor Cox also stated that the Youth Action Council's Project B would be hosting an event at the Chula Vista Center, on May 30 from noon to 4:00 p.m., showcasing original works by local amateur artists. The Youth Action Council was also seeking new members. She announced that Goodrich Aerostructures would be the site for the third pre- centennial event, with anice-cream social between 1:00 p.m. and 5:00 p.m. at Goodrich; the Rotary wine tasting event was scheduled for October 3rd; the Olympic Training Center SK fun run was scheduled for June 6d', and any volunteers for the event may contact the Mayor's Office. Page 8 -Council Minutes May 26, 2009 /~ ~~ DRAFT OTHER BUSINESS (Continued) A. Ratification of the appointment of Juan Ulloa to the Resource Conservation Commission. ACTION: Mayor Cox moved to ratify the appointment of Juan Ulloa to the Resource Conservation Commission. Councilmember Ramirez seconded the motion and it carried 4-0. B. Consideration of proposed appointment process to fill the current vacancy on the Board of Port Commissioners for the San Diego Unified Port District. Mayor Cox explained the proposed Port Commissioner application process, and asked the Council to bring forwazd any suggested changes. In the absence of Councilmember Bensoussan, she requested Council consideration to continue the decision on the application process and setting opening and closing dates for applications to the Council Meeting of June 2, 2009. It was the consensus of the Council to continue the discussion to the meeting of June 2, 2009. 12. COUNCILMEMBERS' COMMENTS Councilmember Ramirez: Consideration and action for potential appointment of Interim Port Commissioner. Councilmember Ramirez stated that time was of the essence, and there was a need to move forward on appointment of an Interim Port Commissioner in order to have representation on two critical issues coming before the Port, namely, budget discussions on June 9, 2009, and negotiations between Pacifica and the Port on the bayfront developments. ACTION: Deputy Mayor McCann moved to nominate Bill Hall as Interim Port Commissioner. Councilmember Ramirez seconded the motion. City Attorney Miesfeld clarified that in review of the Port District Act, it appeared that it did not provide for an Interim appointment, that an appointment to fill a vacancy for an unexpired term would be for the remainder of that term. Councilmember Ramirez suggested that an invitation be extended to Bill Hall to be the Port Commissioner until such time that the Council made a final appointment. Mayor Cox suggested that the Council authorize her to write a letter inviting Mr. Hall to serve as Port Commissioner with an understanding that by a request of the Council, Mr. Hall would step down. Should that be the case, then the recognition by vote of the Council, would inform the Port District that it intends for Mr. Hall to be the City's Port Commissioner. Bringing back the proposed application process next week would enable the full Council to participate in the process, and invite Mr. Hall to give a summary of the kinds of things he hoped to accomplish in the short term and long term. The Council could then decide on the application timeframe. Page 9 -Council Minutes May 26, 2009 DRAFT OTHER BUSINESS (Continued) Councilmember Castaneda asked that Mr. Hall be invited to the next meeting so the Council could have a discussion with him prior to making an appointment. Further discussion ensued among the Council regarding the appointment of, and possible discussion with, Mr. Hall. Mayor Cox confirmed that the motion on the floor was to invite Bill Hall to be the City of Chula Vista Port Commissioner. Mayor Cox offered an amendment to the motion, that with Council concurrence, she would draft a letter, with the assistance by the City Attorney, inviting Mr. Hall to be Port Commissioner, with the indication that by a majority vote of the Council, should the Council so decide, that the position could be replaced; informing Mr. Hall of the appointment process to be placed on the June 2, 2009 Council agenda; inviting Mr. Hall to be present at that meeting, and notifying him that the appointment would be activated no sooner than June 1, 2009; and directing that Admiral Wurster at the Board of Port Commissioners be notified of the Council's intent to make Mr. Hall Port Commissioner. ACTION: Deputy Mayor McCann agreed to amend his motion as stated by Mayor Cox, and he called for the vote. The motion carved 3-1, with Councilmember Castaneda voting no. Deputy Mayor McCann thanked the Fleet Reserve Association for its Memorial Day service. Councilmember Ramirez asked to adjourn the meeting in memory of Roberto Martinez, who was an activist in the Latino community on civil rights and human rights issues. He announced that the memorial service would be held on May 27th at St. Judes, at 10:00 a.m., and he extended his sympathies to the loved ones of Mr. Martinez. Mayor Cox recessed the meeting to convene in Closed Session at 6:54 p.m. CLOSED SESSION 13. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a): A. Chula Vista Citizens for Jobs and Fair Competition, et al. v. Donna Norris, et al., United States District Court, Case No. 09CV0897BEN(JMA) B. Sergio Lopez v. City of Chula Vista, et al., United States District Court, Case No. 07CV 1272.WQH.BLM No reportable action was taken on these items. Page 10 -Council Minutes May 26, 2009 ~~~~~ DRAFT ADJOURNMENT At 7:10 p.m., Mayor Cox adjourned the meeting in memory of Pat Slyke and Roberto Martinez, to the Regular City Council Meeting of June 2, 2009, at 4:00 p.m. in the City Council Chambers. Lorraine Bennett, CMC, Deputy City Clerk Page 1 I -Council Minutes May 26, 2009 /~ ° /i~' DRAFT MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA June 2, 2009 A Regular Meeting of the City Council of the City of Chula Vista was called to order at 4:03 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 Mayor Cox announced that Item 5 was removed from the agenda, and would not be discussed. SPECIAL ORDERS OF THE DAY • INTRODUCTION BY RICK HOPKINS, DIRECTOR OF PUBLIC WORKS, OF EMPLOYEE OF THE MONTH, ROBERTO SOLORZANO, ASSOCIATE ENGINEER Director of Public Works Hopkins introduced employee of the month, Roberto Solorzano. Mayor Cox then read the proclamation and Deputy Mayor McCann presented it to Roberto. • OATH OF OFFICE Juan Ulloa, Resource Conservation Commission City Clerk Nortis administered the oath of office to Mr. Ulloa and Councilmember Bensoussan presented him with a certificate of appointment. • INTRODUCTION BY CITY MANAGER SANDOVAL OF RECENTLY APPOINTED INTERIM LIBRARY DIRECTOR MARGARET KAZMER City Manager Sandoval introduced recently appointed Interim Library Director Kazmer, who thanked the Council for the opportunity. • PRESENTATION OF A PROCLAMATION PROCLAIMING JUNE AS NATIONAL HOME OWNERSHIP MONTH AND JUNE 5 -JUNE I1, 2009 AS NATIONAL FORECLOSURE AWARENESS WEEK IN THE CITY OF CHULA VISTA Page I -Council Minutes June 2, 2009 ~~/,~~f' DRAFT SPECIAL ORDERS OF THE DAY (Continued) Senior Project Coordinator Kurz provided information on the City's first-time homebuyers programs and events. She then introduced Mr. Mazcelino Gazcia and his family, who purchased a home through the program. Mr. Gazcia thanked City staff and Community HousingWorks, the realtors and escrow companies for their assistance with offering programs to provide home- buying opportunities for first time homebuyers. Staffmember Kurz introduced Gabe del Rio, representing Community Housing Works, who talked about its partnership with the City by providing down payment assistance programs. He introduced Appaswamy "Vino" Pajanor, representing Housing Opportunities Collaborative, which serves as a reliable resource center, who talked about HOME clinics to educate the public on homeownership. Mayor Cox then read the proclamation and Councilmember Ramirez presented it to Staffrnember Kurz. CONSENT CALENDAR (Items I-4) Item 4 was removed from the Consent Calendaz for discussion at the request of a member of the public and by Deputy Mayor McCann. 1. APPROVAL OF MINUTES of the Special and Regulaz Meetings of January 20, 2009. Staff recommendation: Council approve the minutes. 2. WRITTEN COMMUNICATIONS Letter from William Hall accepting the proposed Council appointment to the San Diego Unified Port District Boazd of Port Commissioners. Staff recommendation: Council accept the letter and approve the appointment of Mr. Hall to the San Diego Unified Port District Board of Port Commissioners. 3. ORDINANCE NO. 3128, ORDINANCE OF THE CITY OF CHULA VISTA AMENDING THE ZONING MAPS ESTABLISHED BY MUNICIPAL CODE SECTION 19.18.010 BY REZONING THE PARCEL LOCATED AT 1778 BROADWAY FROM THE COMMERCIAL THOROUGHFARE WITH PRECISE PLAN (CT-P) ZONE TO LIMITED INDUSTRIAL WITH PRECISE PLAN (IL-P) ZONE (SECOND READING AND ADOPTION) Adoption of the ordinance amends the zoning maps established by municipal code section 19.18.010 by rezoning the pazcel located at 1778 Broadway from the commercial thoroughfaze with precise plan (CT-P) zone to limited industrial with precise plan (IL-P) zone. This ordinance was introduced on May 26, 2009. (Deputy City Manager/Development Services Director) Staff recommendation: Council adopt the ordinance. Page 2 -Council Minutes June 2, 2009 ~~. DRAFT CONSENT CALENDAR (Continued) 4. Item 4 was removed from the Consent Calendar. ACTION: Deputy Mayor McCann moved to approve staff s recommendations and offered the balance of the Consent Calendar, Items 1-3, headings read, text waived. Councihnember Castaneda seconded the motion and it carried 5-0. ITEMS REMOVED FROM THE CONSENT CALENDAR 4. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING SECTION 2.04.020 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO TIME AND PLACE OF COUNCIL MEETINGS (FIRST READING) In accordance with Section 306 of the Chula Vista City Charter, Section 2.04.020 of the Chula Vista Municipal Code sets the time and place for all meetings of the City Council. The current ordinance sets the time on the first Tuesday of each month at 4:00 p.m., and on the second, third, and fourth Tuesday of each month at 6:00 p.m. In an effort to reduce costs associated with staffing City Council meetings, it is recommended that the time for the second, third, and fourth Tuesday meetings be set at 4:00 p.m. (City Manager) Staff recommendation: Council place the ordinance on first reading. City Manager Sandoval explained that the purpose for the proposed recommendation was acost- savings measure to save staff time, and would offer more opportunity for citizen participation by preventing late meeting end times. He further stated his support to allow flexibility to move agenda items with the potential to solicit significant public input, to a later time on the agenda. Theresa Acerro, Chula Vista resident, suggested that controversial agenda items be moved to a later time on the agenda, and suggested Closed Session items be held first. Councilmember Ramirez spoke in support of an earlier commencement time for Council Meetings, and recommended being sensitive to the needs of the community. He suggested that one meeting per month commence at 6:00 p.m., or to include language in the ordinance to allow flexibility. Deputy Mayor McCann stated that the proposed meeting time change would make it more difficult for working people to attend meetings, resulting in the inability for the majority of community members to participate in Council meetings. Councilmember Bensoussan spoke in favor of a 4:00 p.m. meeting start time, and also supported maintaining flexibility. She stated that the proposed time change would save money in the long- term. She suggested that the City Manager have flexibility to change specific meetings with the needs of the community in mind. Page 3 -Council Minutes June 2, 2009 / i~-~ DRAFT CONSENT CALENDAR (Continued) Councilmember Castaneda spoke in favor of a 4:00 p.m. meeting start time. Deputy Mayor McCann suggested that the public be permitted to speak first on any agenda item, prior to staff's presentation on the item. ACTION: Mayor Cox moved to approve staff's recommendation and offered to place the ordinance on first reading, heading read, text waived. Councilmember Castaneda seconded the motion and it carried 4-1, with Deputy Mayor McCann voting no. PUBLIC COMMENTS Stephen Nelson, Chula Vista resident, stated that the Chula Vista Fire Department was understaffed and under-equipped in compazison to like-sized agencies in California, presenting issues related to poor response time and potential lawsuits. David Duff, Chula Vista resident, talked about the proposed elimination of Engine 57, located at Fire Company 7, and the resulting effects in response times and impacts on the life and safety of the community. He asked the Council to reconsider closure of the station. Jeremy Szapinski, Chula Vista resident, representing the International Association of Fire Fighters, stated that azea residents and schools would be at risk with the brown out of the Fire Company. He stated that the call volume for the Fire Department had increased by 7.5 percent since 2006, while its budget was cut by 14 percent. He asked the Council to remove the brown out proposal from the budget cuts, re-examine the funding requested to be cut from the departrnent, and to consider what would be at stake for the community. Ed Herrera, Chula Vista resident, representing Chula Vista Civic Association asked that Police and Fire be protected in the budget cutting process. He then suggested re-negotiation of employee pension systems and staff salary cuts. Theresa Acerro, Chula Vista resident, spoke about the imbalance of job housing ratios in the City, and spoke in opposition to rezoning from industrial to residential, and stated she had concerns with the environmental impact report for the Eastern Urban Center. PUBLIC HEARINGS 5. CONSIDERATION OF AN AMENDMENT TO THE CITY OF CHULA VISTA'S GENERAL PLAN TO CHANGE THE LAND USE DESIGNATION ON 46 ACRES FROM LIMITED INDUSTRIAL TO 39.3 ACRES OF RESIDENTIAL MEDIUM HIGH AND 6.7 ACRES OF OPEN SPACE (ACI SUNBOW, LLC) The applicant has requested that the item be continued to a date uncertain. Staff concurs with the applicant's request. If the Council continues the item as requested, the public hearing for this item will be rescheduled and re-noticed. (Deputy City Manager/Development Services Director) Staff recommendation: Council continue the public hearing to a date uncertain. Item 5 was removed from the agenda. Page 4 -Council Minutes June 2, 2009 /~ .. DRAFT PUBLIC HEARINGS (Continued) 6. CONSIDERATION OF AN AMENDMENT TO THE FISCAL YEAR 2008/2009 HOUSING AND URBAN DEVELOPMENT ANNUAL ACTION PLAN The proposed amendment to the 2008/2009 Annual Action Plan allocates $536,132 of new Community Development Block Grant Recovery Program (CDBG-R) funds established by the American Recovery and Reinvestment Act (Recovery Act) and reprograms $508,744 of prior year Community Development Block Grant (CDBG) funds for eligible projects. (Deputy City Manager/Development Services 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 Castaneda stated that he would be abstaining from voting on Item 6, due to the proximity of his property to the project, and he left the dais at 5:03 p.m. Redevelopment and Housing Manager Mills and Project Coordinator Davis presented the proposed Housing and Urban Development Annual Action Plan and reallocation of CDBG entitlement funds. Mayor Cox opened the public hearing. There being no members of the public who wished to speak, Mayor Cox closed the public hearing. ACTION: Mayor Cox moved to adopt the following Resolution No. 2009-127, heading read, text waived: RESOLUTION NO. 2009-127, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING 1) AN AMENDMENT TO THE FISCAL YEAR 2008/2009 HOUSING AND URBAN DEVELOPMENT ANNUAL ACTION PLAN TO ALLOCATE $536,132 OF COMMUNITY DEVELOPMENT BLOCK GRANT RECOVERY PROGRAM FUNDS AND REPROGRAM $508,744 OF PRIOR YEAR COMMUNITY DEVELOPMENT BLOCK GRANT ENTITLEMENT FUNDS FOR ELIGIBLE PROJECTS; 2) AUTHORIZING AN INTER-PROJECT TRANSFER ($160,000) FROM COMMUNITY DEVELOPMENT BLOCK GRANT ENTITLEMENT PROJECT STM-354 TO DR-133; AND 3) AUTHORIZING THE CITY MANAGER TO EXECUTE ANY DOCUMENTS NECESSARY TO OBTAIN THE HOUSING AND URBAN DEVELOPMENT GRANT FUNDS Councilmember Bensoussan seconded the motion and it carved 4-0-1, with Councilmember Castaneda abstaining. Councilmember Castaneda returned to the dais at 5:10 p.m. Page 5 -Council Minutes June 2, 2009 . rte' /-'~ ~~ DRAFT PUBLIC HEARINGS (Continued) 7. CONSIDERATION OF AMENDMENTS TO THE MASTER FEE SCHEDULE, CHAPTER XVII, CHULA VISTA NATURE CENTER Working in concert with the Chula Vista Nature Center Boazd of Trustees, staff has determined that the current fee structure is insufficient to cover costs and maintain the operation of the Chula Vista Nature Center ("Nature Center"). As one step in creating a sustainable Chula Vista Nature Center, staff is recommending amendments to Chapter XVII of the Master Fee Schedule, increasing admission fees at the Nature Center. (Director of Recreation and Nature Center) Notice of the heazing was given in accordance with legal requirements, and the heazing was held on the date and at the time specified in the notice. Recreation Director and Nature Center Dtrector Martin introduced the Nature Center sustainability plan. He noted the Nature Center Letter of Intent submitted to the Council on the dais, dated June 1, 2009 from Ken Weimer, President, Friends of Chula Vista Nature Center. He then introduced Dr. Joseph, who gave an overview of the current and proposed Nature Center fees, and provided a compazison of admission prices of other discretionary activities in San Diego, and suggested the need for a fee structure that was compazable with similaz agencies in the region. Mayor Cox opened the public hearing. The following members of the public spoke in favor of the proposed changes to the Master Fee Schedule: Frank Roseman, Chula Vista resident, representing the Chula Vista Nature Center Board of Directors Ken Weimer, Chula Vista resident Susan Fuller, Imperial Beach resident Mary Ann Saponara, Chula Vista resident The following members of the public did not speak, but submitted speaker slips in support of the proposed fee increase: Kazen Quiros, San Diego resident Nancy Stinebuck, Chula Vista resident Barbara Main, Bonita resident Written correspondence was submitted on the dais by Zaneta Encamacion, dated June 2, 2009, indicating support for the proposed fee increase. There being no further members of the public who wished to speak, Mayor Cox closed the public heazing. Page 6 -Council Minutes June 2, 2009 ~~~~^~ DRAFT PUBLIC HEARINGS (Continued) Deputy Mayor McCann asked what was being done to mazket add-on services and facility rentals at the Nature Center. Director Martin responded that staff was working with the San Diego Zoo and Wild Animal Park on cross-promotional opportunities and mazketing. Additionally, the marketing company of O'Sullivan/Simms was providing pro-bono marketing services to assist the Nature Center in its endeavors to develop a marketing plan. Furthermore, Miller Elementary School would be conducting its 7th and 8th grade science classes at the Nature Center, Mondays through Fridays. He stated that staff was also working with the Chula Vista Elementary School District Superintendent to look at marketing strategies targeted towards the students. Councilmember Ramirez encouraged community sign-ups for Nature Center membership. He stated his interest in allowing the Nature Center Boazd more flexibility in its ability to make decisions on the proposed fee increases at the Board level, rather than coming before the Council for every change. To that end, he suggested that staff work with the Boazd to bring back a document that would allow the Council to give that flexibility. Councilmember Bensoussan spoke in support of the proposed fee increase, and was very optimistic about the marketing and sustainability plan for the Nature Center. Mayor Cox commented that an increase in admissions and marketing would help fill the existing $750,000 budget gap. ACTION: Councilmember Bensoussan moved to adopt the following Resolution No. 2009- 128, heading read, text waived: RESOLUTION NO. 2009-128, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE MASTER FEE SCHEDULE TO CHANGE THE EXISTING FEES AND FEE DESCRIPTIONS ASSOCIATED WITH THE CHULA VISTA NATURE CENTER Councilmember Ramirez seconded the motion and it carried 5-0. OTHER BUSINESS CITY MANAGER'S REPORTS City Manager Sandoval gave an update on the economic development aspect of the City's Fiscal Health Plan adopted by the Council in January 2009, stating that the draft Environmental Impact Report had gone out for the Eastern Urban Center, which would provide corporate office space, a business park, and high quality retail, and that a report was anticipated to be presented before the Council in September 2009. Page 7 - Counci] Minutes June 2, 2009 ~~~ . ' DRAFT OTHER BUSINESS (Continued) 9. MAYOR'S REPORTS A. Consideration of proposed appointment process for a future vacancy on the San Diego Unified Port District Board of Port Commissioners. Mayor Cox provided an overview of the proposed appointment process. Councilmember Bensoussan suggested holding the interviews in the Council Chambers. Deputy Mayor McCann suggested requiring parts I and II of the application be submitted at the same time, to include the submission of economic disclosures with the initial application. Councilmember Castaneda agreed with Deputy Mayor McCann's suggestion, he also recommended holding the interviews at a Regulaz Council Meeting, and broadcasting the meeting. Councilmember Ramirez agreed with televising the interviews, but disagreed with requiring economic disclosure and forfeiting privacy by those individuals not selected for an interview. Discussion continued regarding televising the interviews. Mayor Cox stated that televising the interviews may give an advantage to those applicants scheduled for a later interview, who may heaz the responses from the applicants being interviewed eazlier. Deputy Mayor McCann suggested providing the interview questions to those applicants being interviewed in advance of the scheduled interviews. ACTION: Mayor Cox moved to modify processes 4 and 8, so that part I (application) and part II (economic disclosure form) of the application would be due when the application was due; to notify the applicants in advance, once they were selected for interviews, of the questions they would be asked; and that Councilmembers select an unrestricted number of applicants for interviews. Councihnember Castaneda seconded the motion and it carried 5-0. B. City Council Questions and Answers with Port Commissioner William Hall. Mayor Cox referenced the recently approved Unified Port District's 2009/2010 preliminary budget, noting few specific references to expenditures on behalf of the City of Chula Vista. To that end, she asked Commissioner Hall how he would anticipate advocating for the Chula Vista citizens related to the Port's budget. Commissioner Hall responded that he had reviewed the budget, and there were additional concerns, including 1) the need for monies to enable ongoing work in conjunction with the Bayfront master plan EIR certification process, and 2) monies to provide for engineering studies in conjunction with the H Street extension. He stated that he had discussed these matters with the CFO, Land Use Planning, and Real Estate, and that the items were on the table for the upcoming Port budget discussions. Page 8 -Council Minutes June 2, 2009 /~ a~ DRAFT OTHER BUSINESS (Continued) Mayor Cox commented on the top six proposed Capital Development Projects (CDP's) of the Port, stating that there was no mention of a Chula Vista CDP as a priority. She asked Commissioner Hall if he could champion for CDP's for the City. Commissioner Hall responded that most of the money in the five-yeaz CDP budget was captured with existing reserves, and a portion of that money was allocated to the development of the Chula Vista bayfront. He stated that his goal was to ensure that the Port budget included wording to indicate that the existing $4.3 million would be available, when appropriate, to accomplish the near term objective in conjunction with the Chula Vista Bayfront Master Plan. Additionally, he spoke of the need to empower additional development and solidify entitlements, which would change the perspective of the Port Commissioners for the potential for economic investments. Mayor Cox referenced unanticipated revenues in the Port's budget that would result from the decommissioning of the South Bay power plant and new lease revenues. To that end, she asked Commissioner Hall what he saw as his role in championing the removal of the South Bay power plant, and in the revenues being directed towazds Chula Vista. Commissioner Hall responded that his commitment to decommission the power plant was extremely high, and that it was the Port's intent to bring down the power plant. Regarding the revenue stream, he stated that there was an agreement that pre-dated his service on the Port Commission that would have directed revenue to Chula Vista, but that the agreement was never executed. He stated that he wasn't sure that he could successfully negotiate directing the revenues to the City, but that he could bring it up. Councilmember Castaneda asked, and Commissioner Hall confirmed, that it would be his intention to step down as Port Commissioner once the Council had decided on a permanent replacement. Councilmember Castaneda commented that maybe the City should look at legislation to dissolve the Port, and allow the City to do what it needed to do for its bayfront and its residents. Deputy Mayor McCann asked if Commissioner Hall would be willing to apply for the Port Commissioner position for the remainder of the term, and encouraged him to apply. Commissioner Hall responded that he was undecided, commenting that he had fewer limitations in an emeritus status. Councilmember Bensoussan commented on the importance of keeping the Council and staff apprised of communications with the Port. She asked Commissioner Hall if he saw himself as a champion with furthering the goals of the City. Commissioner Hall responded that communications between the Port, the Council, and the community was important to establish and achieve those goals. He also stated that it was his intent to strengthen City staff participation in the negotiation process with the Port and Pacifica. Councilmember Bensoussan asked whether the 90-day negotiation deadline could be changed or extended. Commissioner Hall responded that it would be appropriate to look at an extension. Councilmember Ramirez encouraged Commissioner Hall to apply for the permanent Port Commissioner position, for the remainder of the term. Page 9 -Council Minutes June 2, 2009 f~~ DRAFT OTHER BUSINESS (Continued) Lisa Cohen, Chula Vista resident, representing the Chula Vista Chamber of Commerce, spoke on behalf of Chamber President, Chris Boyd, and thanked the Council for its prompt decision to ensure that the City had a voice at the Port. She spoke in support of the appointment of Commissioner Hall. Daniel Rottenstreich, San Diego resident, representing Unite Here hotel workers union, spoke in favor of an open appointment process to fill the Port Commissioner position, and appointment of a progressive representative who shazed the values of the citizens, and for the creation of good jobs and benefits. He urged the Council to open the Port application process immediately and to ask the applicants what their vision was for the bayfront. Allison Rolfe, San Diego resident, representing Pacifica Companies, stated that it was important that Chula Vista be well represented at the Port level. She spoke in support of a public Port Commissioner appointment process, and for good interim representation for continuity with current negotiations. Laura Hunter, National City resident, representing Environmental Health Coalition, stated there was a need for a good appointment process with public input. She suggested that the Council request from the Port, the monetary worth of the run-must-run (RMR) contracts to ensure the City's receipt of no less than 50% of what the Port was making from the power plant. Evan Mclaughlin, San Diego resident, representing San Diego and Imperial Counties Labor Union, stated there was a need for public input and an open, transpazent Port appointment process, and to move forward immediately on the appointment process. Todd Roberts, San Diego resident, representing Marine Group Boat Works, stated there was a need for good Port Commissioner representation for the City and the Port tenants. He further stated that local stakeholders were available to participate in the process. Mayor Cox clarified that the Port Commissioner position was voluntary and not considered a full time position. She encouraged Commissioner Hall to apply for the position. She also supported and expressed the importance of including City staff in discussions on matters in which Chula Vista had an interest. She suggested that Commissioner Hall provide an update to the Council in June or July. Councilmember Bensoussan asked Commissioner Hall his position on living wages, and his opinion on a living wage standard for the bayfront. Commissioner Hall responded that he was in favor of a living wage standard for the bayfront. She asked Commissioner Hall his opinion on the recommendation by the Energy Subcommittee for Port support not to champion the renewal of the NPDES discharge permit. He responded that he was not privy to the negotiations, but would be happy to look at the matter. Page ] 0 -Council Minutes June 2, 2009 /~U~-1~ DRAFT OTHER BUSINESS (Continued) Mayor Cox spoke regazding opening and closing dates for the Port Commissioner applications, and suggested that the Council allow Commissioner Hall some time to determine the issues with Pacifica, the South Bay Power Plant, and the EIR certification, and to return to the Council over the summer with a report and updates. ACTION Councilmember Castaneda moved to establish a process to open the Port Commissioner application process from August 3, 2009 through August 31, 2009 at 5:00 p.m. Deputy Mayor McCann seconded the motion and it carried 5-0. Mayor Cox announced the upcoming Fun Run SK event on June 6, 2009, at the Olympic Training Center. 10. COUNCILMEMBERS' COMMENTS Councilmember Ramirez commented on his recent Public Office Hours meeting to discuss some of the recent successes in the Otay Ranch neighborhood, and thanked Officer Thurmon who addressed issues with RV's parked on public streets, and other issues through Walk San Diego and City staff. He also commended City staff on its efforts to seek grant funding for street improvements in the Otay Ranch neighborhood. The next Public Office Hours was scheduled for the first Monday in June in western Chula Vista. It was the consensus of the Council to commence the June 9th Council Meeting at 4:00 p.m. Councilmember Castaneda announced the recent passing of Daniel Munoz, Sr., founder of La Prensa newspaper, and he extended his condolences to the Munoz family on behalf of the Council. Mayor Cox recessed the meeting to convene in Closed Session at 7:42 p.m. CLOSED SESSION 11. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54957.6 Agency designated representatives: Jim Sandoval, Scott Tulloch, Kelly Bacon, Bart Miesfeld, Maria Kachadoorian, Rod Betts Employee organization: IAFF No reportable action was taken on this item. Page 1 ] -Council Minutes June 2, 2009 ~~ , r f, DRAFT ADJOURNMENT At 8:40 p.m., Mayor Cox adjourned the meeting to the Meeting of June 3, 2009 at 6:00 p.m. in the Executive Conference Room (CVRC Interviews), and thence to the Regulaz Meeting on June 9, 2009. ~ _ -------- Lorraine Bennett, CMC, Deputy City Clerk Page 12 -Council Minutes June 2, 2009 ~~~ -~~,