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HomeMy WebLinkAboutcc min 2011/09/13MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA September 13, 2011 4:00 P.M. 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 Cltambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL PRESENT: Councilmembers Aguilar, Bensoussan (arrived at 4:03 p.m.), Castaneda, Ramirez and Mayor Cox ABSENT: None. ALSO PRESENT: City Manager Sandoval, City Attorney Googins, City Clerk Norris, and Sr. Deputy City Clerk Bennett PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE Employee of the Month, Mike Neal, Fire Engineer, led the pledge of allegiance. SPECIAL ORDERS OF THE DAY 100 CENTENNIAL SECONDS - www.chulavistal00.com Mayor Cox presented information about the 1970's in Chula Vista. • INTRODUCTION BY FIRE CHIEF DAVE HANNEMAN, OF EMPLOYEE OF THE MONTH MIKE NEAL, FIRE ENGINEER Chief Hanneman introduced employee of the month, Fire Engineer Mike Neal. Mayor Cox read the proclamation and Deputy Mayor Ramirez presented it to Engineer Neal. • PRESENTATION BY EXECUTIVE DIRECTOR OF THE BURN INSTITUTE JAMES FLOROS OF THE SOUTH BAY BOOT DRIVE TROPHY TO FIRE CHIEF DAVE HANNEMAN AND THE CHULA VISTA FIRE DEPARTMENT Chief Hanneman introduced Mr. Floros and Fire Union Vice President, Mark McDonald. Mr. Floros then presented the boot drive trophy to Chief Hanneman on behalf of the Burn Institute. Chief Hanneman presented a video clip from Channel 8 television news, showing Chula Vista firefighters' memories of 9/11. Page 1 -Council Minutes September 13, 2011 SPECIAL ORDERS OF THE DAY (Continued) RECOGNITION BY OFFICE SPECIALIST JOSEPH COPPOLA OF THE NEWEST MEMBERS OF THE CHULA VISTA CLEAN BUSINESS PROGRAM: FIRST BANK, OTAY PET VETS, SOLO SHOES, INC., GOODRICH AEROSTRUCTURES, PACIFIC SALES, ANYTIME SIGN SOLUTIONS, INC., PRESCOTT & ASSOCIATES INSURANCE AGENCY, SEARS, THE SPORTS AUTHORITY, TOYSSIUS, EASTSIDE SEQUEL, SOUTH BAY COMMUNITY SERVICES, CHULA VISTA REI, PERFORMANCE BIKES, APPLETREE MARKET Office Specialist Copolla recognized the newest members of the Chula Vista Clean Business Program, and presented each business representative with a certificate of appreciation. Mayor Cox then commended the businesses for their participation in the program. RECOGNITION OF THE CORKY MCMILLIN COMPANIES' 50TH ANNIVERSARY OF DEVELOPING COMMUNITIES AND BUILDING AND SELLING HOMES IN THE SOUTH BAY Mark McMillin and Scott McMillin presented information about the history of the Corky McMillin Companies. Mayor Cox read the proclamation and Councilmember Bensoussan presented it to Mark and Scott McMillin. CONSENT CALENDAR (Items I-12) Items 4 and 9 were removed from the Consent Calendar for sepazate consideration. Item 4 was removed at the request of a member of the public. Councilmember Castaneda stated that he would be abstaining from voting on Item 9 out of an abundance of caution, due to the proximity of his property holdings to the subject bike routes. 1. APPROVAL OF MINUTES of June 7, and 14, 2011 Staff recommendation: Council approve the minutes. 2. WRITTEN COMMUNICATIONS A. Memorandum from Councilmember Bensoussan requesting an excused absence from the August 16, 2011 City Council meeting. B. Memorandum from Councilmember Castaneda requesting an excused absence from the August 26, 2011 City Council meeting. Recommendation: Council excuse the absences. 3. RESOLUTION NO. 2011-165, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2011/2012 POLICE GRANT FUND BUDGET BY APPROPRIATING $35,104 FOR THE COVERDELL FORENSIC SCIENCE IMPROVEMENT PROGRAM (4/STHS VOTE REQUIRED) (Police Chief) Staff recommendation: Council adopt the resolution. Page 2 -Council Minutes September 13, 2011 CONSENT CALENDAR (Continued) 4. This item was removed from the Consent Calendar. 5. A. RESOLUTION NO. 2011-167, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE INTERIM DESILTATION AND MAINTENANCE AGREEMENT FOR THE MASS-GRADING OF THE EASTERN URBAN CENTER (MILLENIA), AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT (Assistant City Manager/Director of Development Services) B. RESOLUTION NO. 2011-168, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN ASSIGNMENT AND ASSUMPTION AGREEMENT BY AND BETWEEN THE CITY OF CHULA VISTA, MCMILLIN OTAY RANCH, LLC, AND SLF IV/MCMILLIN MILLENIA JV, LLC, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT (Assistant City Manager/Director of Development Services) Staff recommendation: Council adopt the resolutions. 6. RESOLUTION NO. 2011-169, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACKNOWLEDGING GRANT REQUIREMENTS OF SANDAG TO IMPLEMENT A MULTI-YEAR COASTAL CACTUS WREN HABITAT RESTORATION PROGRAM WITHIN THE CHULA VISTA OTAY RANCH PRESERVE MANAGEMENT AREA, AUTHORIZING ACCEPTANCE OF THE GRANT FUNDING SHOULD IT BE AWARDED FROM SANDAG, AND AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT AGREEMENT WITH SANDAG (Assistant City Manager/Director of Development Services) Staff recommendation: Council adopt the resolution. RESOLUTION NO. 2011-170, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE CILANTRO TO STORES PROGRAM MANUAL AND APPROPRIATING $75,000 IN AMERICAN RECOVERY AND REINVESTMENT ACT FUNDS RECEIVED FROM THE SAN DIEGO ASSOCIATION OF GOVERNMENTS FOR THE PROGRAM (4/STHS VOTE REQUIRED) (Assistant City Manager/Director of Development Services) Staff recommendation: Council adopt the resolution 8. RESOLUTION NO. 2011-171, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING PARTICIPATION IN A REGIONAL GRANT APPLICATION IN RESPONSE TO THE DEPARTMENT OF ENERGY'S SUNSHOT INITIATIVE -ROOFTOP SOLAR CHALLENGE, AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL DOCUMENTS IN CONJUNCTION WITH APPLYING FOR, OBTAINING AND IMPLEMENTING THE GRANT (Director of Public Works) Staff recommendation: Council adopt the resolution 9. This item was removed from the Consent Calendaz. Page 3 -Council Minutes September 13, 2011 CONSENT CALENDAR (Continued) 10. RESOLUTION NO. 2011-173, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING MEMORANDUM OF UNDERSTANDING BETWEEN THE METROPOLITAN TRANSIT SYSTEM AND CITY OF CHULA VISTA FOR REGIONAL TELEPHONE INFORMATION SYSTEM (Director of Public Works) Staff recommendation: Council adopt the resolution. 11. A. RESOLUTION NO. 2011-174, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A CHANGE ORDER AND INCREASING THE PURCHASE ORDER BY $11,641.41 WITH TED ENTERPRISES TO COMPLETE THE "ROBINHOOD RANCH II PUMP STATION IMPROVEMENTS SW256A" PROJECT (Director of Public Works) B. RESOLUTION NO. 2011-175, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A CHANGE ORDER AND INCREASING THE PURCHASE ORDER BY $30,000 WITH PAL GENERAL ENGINEERING, INC. TO COMPLETE THE "LAUDERBACH ELEMENTARY SCHOOL PEDESTRIAN IMPROVEMENT CIP NO. STM368" PROJECT (Director of Public Works) C. RESOLUTION NO. 2011-176, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A CHANGE ORDER FROM AVAILABLE PROJECT CONTINGENCY FUNDS OF $72,000 WITH TC CONSTRUCTION TO ADD NORTH BOUND FOURTH AVENUE BETWEEN "C" STREET AND BRISBANE STREET TO THE "PAVEMENT MAJOR REHABILITATION FISCAL YEAR 2009/2010 STL354" PROJECT (Director of Public Works) D. RESOLUTION NO. 2011-177, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A CHANGE ORDER FROM AVAILABLE PROJECT CONTINGENCY FUNDS OF $94,000 WITH ATP TO ADD OXFORD STREET TO THE "PAVEMENT REHABILITATION PHASE II STL357A" PROJECT (Director of Public Works) Staff recommendation: Council adopt the resolutions 12. RESOLUTION NO. 2011-178, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND GOLDEN BELL PRODUCTS, INC. FOR PROVIDING SEWER COLLECTION SYSTEMS VERMIN ERADICATION SERVICES; AUTHORIZING THE TRANSFER OF $50,000 FROM THE CAPITAL IMPROVEMENT PROJECT SW262 TO THE SEWER SERVICE OPERATING BUDGET; AND AMENDING THE BUDGETS THEREFOR (4/STHS VOTE REQUIRED) (Director of Public Works) Staff recommendation: Council adopt the resolution ACTION: Mayor Cox moved to approve Consent Calendaz Items 1-3, 5-8 and 10-12, headings read, text waived. Councilmember Castaneda seconded the motion and it carried 5-0. Page 4 - Counci] Minutes September 13, 201 ] ITEMS REMOVED FROM THE CONSENT CALENDAR 4. RESOLUTION NO. 2011-166, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $250,000 FROM THE CALIFORNIA OFFICE OF TRAFFIC SAFETY AND APPROPRIATING $190,550 TO THE POLICE GRANT FUND FOR THE DUI ENFORCEMENT AND AWARENESS PROGRAM (4/STHS VOTE REQUIRED) (Police Chief) Staff recommendation: Council adopt the resolution. Daniel Green, Chula Vista resident, commented that many of the arrests made at checkpoints for driving under the influence (DUI) were non-DUI related, and he asked about measures to avoid exploitation at the checkpoints. He questioned the effectiveness of DUI checkpoints and asked about the availability of supporting data. City Manager Sandoval noted that all of the DUI checkpoints were grant funded, with virtually no profit to the City for checkpoint-related tickets. Chief Bejazano added that grant funding by the State was restrictive and specific to DUI checkpoints. He invited any interested members of the public to participate in any future DUI checkpoint operations. ACTION: Mayor Cox moved to adopt Resolution No. 2011-166, heading read, text waived. Deputy Mayor Ramirez seconded the motion and it carried 5-0. 9. RESOLUTION NO. 2011-172, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING SUBMITTAL OF A GRANT APPLICATION TO BIKES BELONG COALITION'S COMMUNITY PARTNERSHIP PROGRAM AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL DOCUMENTS IN CONJUNCTION WITH APPLYING FOR, OBTAINING, AND IMPLEMENTING THE GRANT (Director of Public Works) Staff recommendation: Council adopt the resolution. ACTION: Mayor Cox moved to adopt Resolution No. 2011-172, heading read, text waived. Councilmember Bensoussan seconded the motion and it carried 4-0-1, with Councilmember Castaneda abstaining, due to the proximity of his property holdings to the subject bike routes. PUBLIC COMMENTS Anne Bessinger, representing Sullivan Solaz Power, gave an update on its solar incentive program to local residents and businesses. She invited the community to the next solaz seminaz on September 24, 2011, at the Heritage Park Community Center, at 11:00 a.m. Parks Pemberton, Chula Vista resident, commented on the recent countywide power outage and he encouraged the Council to rethink its need for affordable basic water and electricity in the City. Page 5 -Council Minutes September 13, 20] 1 PUBLIC COMMENTS (Continued) Erendira Abel, Chula Vista resident, representing "A Women's Wellness Center", thanked the Council for increasing the hours of operation at the Norman Pazk Senior Center, and providing opportunities to the Wellness Center for wellness services in the evening hours and on Saturdays at the Norman Park Center. She invited the community to attend the "Baby Boomers Old School Dance" fundraising event, benefiting the Wellness Center, on September 23, 2011, from 5:30 to 9:00 p.m., at the Norman Pazk Center. PUBLIC HEARINGS 13. CONSIDERATION OF AMENDMENTS TO THE EASTLAKE II SECTIONAL PLANNING AREA PLAN AND ASSOCIATED PLANNED COMMUNITY DISTRICT REGULATIONS FORA 9.4 ACRE SITE AT THE SOUTHEAST CORNER OF THE INTERSECTION OF EASTLAKE PARKWAY AND FENTON STREET TO ALLOW FAST-FOOD RESTAURANTS AS A PERMITTED USE Notice of the heazing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Associate Planner Steichen presented an overview of the proposed SPA amendment. Mayor Cox opened the public hearing. There being no members of the public who wished to speak, Mayor Cox closed the public hearing. ACTION: Councilmember Castaneda moved to adopt the following Resolution No. 2011-179 and place the ordinance on first reading: A. RESOLUTION NO. 2011-179, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CONSIDERING THE ADDENDUM (IS-10- 005) TO NEGATIVE DECLARATION (IS-03-028) AND APPROVING AMENDMENTS TO THE EASTLAKE II SECTIONAL PLANNING AREA PLAN FOR 9.4 ACRES AT THE SOUTHEAST CORNER OF EASTLAKE PARKWAY AND FENTON STREET (Assistant City Manager/Director of Development Services) B. ORDINANCE OF THE CITY OF CHULA VISTA APPROVING AMENDMENTS TO THE EASTLAKE II PLANNED COMMUNITY DISTRICT REGULATIONS AND LAND USE DISTRICTS MAP FOR 9.4 ACRES AT THE SOUTHEAST CORNER OF EASTLAKE PARKWAY AND FENTON STREET (FIRST READING) (Assistant City Manager/Director of Development Services) Councilmember Bensoussan seconded the motion and it carried 5-0 14. CONSIDERATION OF IMPLEMENTING THE PROHIBITION OF MEDICAL MARIJUANA DISPENSARIES IN THE CITY OF CHULA VISTA (City Attorney) 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. Page 6 -Council Minutes September 13, 2011 PUBLIC HEARINGS (Continued) Deputy City Attorney Hawkins introduced the item. Mayor Cox opened the public hearing. Daniel Green, Chula Vista resident, spoke in opposition to adoption of the proposed ordinance. There being no further members of the public who wished to speak, Mayor Cox closed the public hearing. ACTION: Councilmember Castaneda moved to place the following ordinance on first reading, heading read, text waived: ORDINANCE OF THE CITY OF CHULA VISTA ENACTING MUNICIPAL CODE CHAPTER 5.66 (MEDICAL MARIJUANA DISPENSARIES) (FIRST READING) (City Attomey) Councilmember Aguilar seconded the motion and it carried 5-0. BOARD AND COMMISSION REPORTS 15. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA TRANSFERRING $1,500 FROM THE CITY CLERK'S ELECTION FUND TO THE CHARTER REVIEW COMMISSION TO FUND THE DESIGN, IMPLEMENTATION, AND MAINTENANCE OF A WEBSITE THAT PROVIDES INFORMATION AND RECEIVES PUBLIC INPUT REGARDING CITY COUNCIL ELECTION ALTERNATIVES (4/STHS VOTE REQUIRED) (City Attorney on behalf of Charter Review Commission) City Attomey Googins introduced Charter Review Chair, Randy Bellamy, who provided the Council with an update on community meetings and input regarding district elections. Charter Review Commissioner Oostburg provided information about the construction of a proposed website for information to and from the public regazding Counci] election alternatives. It was the consensus of the Council to continue the item to the meeting of September 20, 2011, with a referral to staff to come back with information about utilizing in-house resources to construct the website. ACTION ITEMS 16. CONSIDERATION OF AN AMENDMENT TO A CONTRACT WITH AMERICAN MEDICAL RESPONSE TO RECOVER EMERGENCY MEDICAL RESPONSE PROGRAM EXPENSES Chief Hanneman introduced the item. Larry Breitfelder, Chula Vista resident, representing the Chula Vista Taxpayers Association, spoke in favor of the proposed resolution. Page 7 -Council Minutes September 13, 20] 1 ACTION ITEMS (Continued) Councilmember Castaneda requested a referral to staff, with Council consensus, for a report to the Public Safety Subcommittee on the proposed expenditures of the cost recovery amount, prior to bringing the matter back to the Council. Assistant City Attorney Maland referred to a memorandum on the dais dated September 13, 2011, regarding costs to provide emergency medical response support services to American Medical Response (AMR), stating that the information provided in the memorandum explains the vazious approaches taken by the Finance Department to determine the actual costs incurred by the City in providing the service, which was key to the City Attorney's legal analysis of the matter, because in each approach taken, the actual cost exceeds the cost that the City would be receiving back from AMR. ACTION: Councilmember Bensoussan moved to adopt the following Resolution No. 2011- 180, heading read, text waived: RESOLUTION NO. 2011-180, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA TO RECOVER EMERGENCY MEDICAL RESPONSE PROGRAM EXPENSES THROUGH AN AGREEMENT WITH LAIDLAW MEDICAL TRANSPORTATION INC. DBA AMERICAN MEDICAL RESPONSE Councilmember Castaneda seconded the motion and it carried 5-0. 17. CONSIDERATION OF RATIFYING THE DECLARATION OF A LOCAL EMERGENCY AS A RESULT OF THE SEPTEMBER 8, 2011 SOUTHERN CALIFORNIA REGIONAL ELECTRICAL POWER OUTAGE City Manager Sandoval stated that the City's Emergency Operation Center had been activated as a result of the regional power outage. Chief Hanneman described the actions taken by the Emergency Operations Center during the power outage. Mayor Cox commented that the power outage had caused a shutdown of all lighting and equipment in the Council Chambers. To that end, she recognized City Electronics Technician Olric Forde and Electrician Manual Hampton for troubleshooting and restoring all power and functions in Council Chambers in time for the current Council Meeting. ACTION: Deputy Mayor Ramirez moved to adopt the following Resolution No. 2011-181, heading read, text waived: RESOLUTION NO. 2011-181, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA RATIFYING THE DECLARATION OF A LOCAL EMERGENCY DECLARED AS A RESULT OF THE SEPTEMBER 8, 2011, SOUTHERN CALIFORNIA REGIONAL ELECTRICAL POWER OUTAGE, WHICH INCLUDED THE COUNTY OF SAN DIEGO AND CITY OF CHULA VISTA, ISSUED BY THE DIRECTOR OF EMERGENCY SERVICES OF THE CITY OF CHULA VISTA AND EXTENDING THE DECLARATION UNTIL SEPTEMBER 15, 2011, AT 2:00 PM Councilmember Castaneda seconded the motion and it carried 5-0. Page 8 -Council Minutes September 13, 2011 OTHER BUSINESS 18. CITY MANAGER'S REPORTS City Manager Sandoval thanked Recreation Director Martin and Recreation Supervisor Carson for their work to successfully restore 56 hours of operation back to the Norman Park Senior Center. He commented on the City's 5`h Kaizen event about diversionary hours at recreation centers utilizing existing resources. He announced that Police Chief Bejarano was recently named President of the San Diego County Police Chiefs and Sheriffs Association. He thanked City employees for contributing to the United Way program. 19. MAYOR'S REPORTS • Ratification of the appointment of Katarzyna Lappin to the Cultural Arts Commission. ACTION: Mayor Cox moved to ratify the appointment of Katarzyna Lappin as Cultural Arts Commissioner. Councilmember Bensoussan seconded the motion and it carried 5-0. Ratification of the appointments of the following students to the Youth Action Council: Dakotah Flowers Hilltop High School Brianna Gomez High Tech High Chula Vista Mallory Johnson High Tech High Chula Vista Carlos Ipuz-Rengifo Bonita Vista High School Ramon Riesgo St. Augustine High School ACTION: Mayor Cox moved to ratify the appointment of the abovementioned students to the Youth Action Council. Deputy Mayor Ramirez seconded the motion and it carried 5-0. Mayor Cox commented on the success of the recent 9/11 commemorations. She commented on the effective response by staff to the recent countywide power outage. She reminded everyone about the upcoming City Centennial celebrations on October 15, 2011, with further information about the event at www.chulavistal00.com. 20. COUNCILMEMBERS' COMMENTS Councilmember Bensoussan recognized and thanked the City Clerk's Office for its efficiency with producing the Council agenda during the recent power outage. She announced the upcoming Harbor Days extravaganza event scheduled on September 24 and 25, 2011. Councilmember Castaneda commented on the success of the recent 9/11 commemorations and he thanked the City's safety personnel, armed services, coast guard, army, and border patrol who were represented at the event. Page 9 -Council Minutes September 13, 2011 COUNCILMEMBERS' COMMENTS (Continued) Deputy Mayor Ramirez commented on the recent countywide power outage and its affects to the local community. He thanked City Manager Sandoval for providing updates on the situation. He commented on the success of the recent "Drawsome" art event, featuring local animation artists, food vendors and live music, and he thanked Library Director Waznis and Library staff for their work with the event. City Attorney Googins reported on a recent public forum he conducted at the Salt Creek Community Center, about options and resources for distressed homeowners. He stated that information about the forum would be posted on the City Attorney's website. At 6:49 p.m., Mayor Cox announced that the Council would convene in Closed Session to discuss the items listed below. At 7:10 p.m., the Council convened in Closed Session. CLOSED SESSION Pursuant to Resolution No. 13706 and Council Policy No. 346-03, Official Minutes and records of action taken during Closed Sessions are maintained by the City Attorney. 21. PUBLIC EMPLOYEE PERFORMANCE EVALUATION PURSUANT TO GOVERNMENT CODE SECTION 54957 Title: City Manager ADJOURNMENT At 10:40 p.m., Mayor Cox adjourned the meeting to the next Regular City Council Meeting on September 20, 2011, at 4:00 p.m., in the Council Chambers. ~~ Lorraine Bennett, CMC, Sr. Deputy City Clerk Page 10 -Council Minutes September 13, 2011