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HomeMy WebLinkAboutcc min 2009/06/02MINUTES 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 Norris 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 11, 2009 AS NATIONAL FORECLOSURE AWARENESS WEEK IN THE CITY OF CHULA VISTA Page 7 -Counci] Minutes Ju~e2, 2009 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 Garcia and his family, who purchased a home through the program. Mr. Garcia 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. Staffinember 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 Staffinember Kurz. CONSENT CALENDAR (Items 1-4) Item 4 was removed from the Consent Calendar 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 Boazd 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 parcel located at 1778 Broadway from the commercial thoroughfare 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 - Counci] Minutes June 2, 2009 CONSENT CALENDAR (Continued) 4. Item 4 was removed from the Consent Calendar. ACTION: Deputy Mayor McCann moved to approve staffs recommendations and offered the balance of the Consent Calendar, Items 1-3, headings read, text waived. Councilmember 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 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 comparison 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 area 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 department, 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 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 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 carried 4-0-1, with Councilmember Castaneda abstaining. Councilmember Castaneda returned to the dais at 5:10 p.m. Page 5 -Counci] Minutes June 2, 2009 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 hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Recreation Director and Nature Center Director 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 similar agencies in the region. Mayor Cox opened the public heazing. 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 Boazd of Directors Ken Weimer, Chula Vista resident Susan Fuller, Imperial Beach resident Mary Ann Saponaza, Chula Vista resident The following members of the public did not speak, but submitted speaker slips in support of the proposed fee increase: Karen Quiros, San Diego resident Nancy Stinebuck, Chula Vista resident Bazbaza Main, Bonita resident Written correspondence was submitted on the dais by Zaneta Encarnacion, 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 hearing. Page 6 -Council Minutes June 2, 2009 PUBLIC HEARINGS (Continued) Deputy Mayor McCann asked what was being done to market 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 marketing. 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 mazketing plan. Furthermore, Miller Elementazy 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 tazgeted towards the students. Councilmember Ramirez encouraged community sign-ups for Nature Center membership. He stated his interest in allowing the Nature Center Board more flexibility in its ability to make decisions on the proposed fee increases at the Boazd level, rather than coming before the Council for every change. To that end, he suggested that staff work with the Board 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 8. 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 drafr 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 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 regazding 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 earlier. 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. Councilmember Castaneda seconded the motion and it carved 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 Hal] 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 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 towards 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 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, transparent Port appointment process, and to move forwazd 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 clazified 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 Hal] responded that he was in favor of a living wage standazd 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 10 -Council Minutes June 2, 2009 OTHER BUSINESS (Continued) Mayor Cox spoke regarding 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. ]t 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 11 -Council Minutes June 2, 2009 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 Regular Meeting on June 9, 2009. Lorraine Bennett, CMC, Deputy City Clerk Page 12 -Council Minutes June 2, 2009