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HomeMy WebLinkAboutcc min 2009/05/26MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA May 26, 2009 A Regular 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 Slijk, 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 Librazian 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 Sheriffs Department. Mayor Cox then read the proclamation and Councilmember Castaneda presented it to Sally Cox. Page 1 -Council Minutes May 26, 2009 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 Rotazians present in the audience. Councilmember Ramirez thanked the Rotazians 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 Calendar for discussion by the Council. APPROVAL OF MINUTES of the Special and Regulaz Meetings of January ] 3, 2009. Staff recommendation: Council approve the minutes. 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 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 Barack 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 Summary Plan Document (SPD). Adoption of the resolution fulfills this requirement. (Human Resources Director) Staff recommendation: Council adopt the resolution. 5. 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 Boazd, 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 Stonn Sewer System (MS4) Outfall monitoring at major outfalls during the dry weather season. Due to the expertise and specialized equipment necessary 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 Calendar. This item was removed from the Consent Calendar. ACTION: Deputy Mayor McCann moved to approve staffs recommendations and offered Consent Calendar Items l-5, headings read, text waived. Councilmember Ramirez seconded the motion and it carried 4-0. Page 3 -Council Minutes May 26, 2009 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 prepazing 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 market, 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. 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 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 hearing was provided to the Council on the dais, and that staffs 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 parks. 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 awazeness 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 determined, 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 apparatus at Fire Station 7 would be a direct safety threat to families in the Otay Ranch azea, and he asked the Council for its consideration to delay the matter in order for staff to provide more infonnation 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 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 temporazy sign permit, and to allow businesses to use whatever signs they felt necessary, 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 January 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 scenazio 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 Years 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 prepazed a plan for the formation of Chula Vista Tourism Mazketing 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 - Counci] Minutes May 26, 2009 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 Mazketing 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 heazing. There being no members of the public who wished to speak, Mayor Cox closed the public hearing. Page 7 -Council Minutes May 26, 2009 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. I1. MAYOR'S REPORTS Mayor Cox announced the 50th anniversazy of Hoffman Hanono. She also stated that Otay Ranch Fazmer's Mazket celebrated its one-yeaz anniversary on May 26`h; 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 3`d; the Olympic Training Center SK fun run was scheduled for June 6`", and any volunteers for the event may contact the Mayor's Office. Page 8 -Council Minutes May 26, 2009 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 carved 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 forwazd 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 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 carried 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 ADJOURNMENT At 7:10 p.m., Mayor Cox adjourned the meeting in memory of Pat Slijk and Roberto Martinez, to the Regulaz 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 -Council Minutes May 26, 2009