HomeMy WebLinkAboutcc min 2011/11/15MINUTES OF A REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF CHULA VISTA
November 15, 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 Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California.
ROLL CALL
PRESENT: Councilmembers Aguilar, Bensoussan, and Mayor Cox
ABSENT: Councilmembers Castaneda, Ramirez (excused)
ALSO PRESENT: Assistant City Manager Tulloch, City Attorney Googins, City
Clerk Norris, and Sr. Deputy City Clerk Bennett
PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE
Former Councilmember Patty Davis led the Pledge of Allegiance.
SPECIAL ORDERS OF THE DAY
• INTRODUCTION BY DIRECTOR OF PUBLIC WORKS, RICHARD HOPKINS, OF
EMPLOYEES OF THE MONTH CORY DOWNS AND DAVID DI DONATO,
CONSERVATION AND ENVIRONMENTAL SERVICES SECTION OF PUBLIC
WORKS
Public Works Director Hopkins introduced Employees of the month Cory Downs and David Di
Donato. Mayor Cox read the proclamation and Councilmember Bensoussan presented it to Mr.
Downs and Di Donato.
PRESENTATION BY CHRISTMAS IN OCTOBER CHAIRPERSON DR. EMERALD
RANDOLPH REGARDING THE 2011 PROGRAM AND RESULTS
Dr. Randolph reported on the 2011 Christmas in October, and presented a video of the event.
Homeowners who benefitted from the program spoke about the improvements to their homes
and expressed their gratitude for the program and participants.
• PRESENTATION BY ALTRUSA INTERNATIONAL OF CHULA VISTA MEMBERS
SHAUNA STOKES AND IRACSEMA QUILANTAN ON THE MI ESCUELITA
LITTLE SPROUTS PROJECT
Ms.Stokes and Ms. Quilantan spoke about the success of the Little Sprouts Project, and
acknowledged other contributors of the program.
Page 1 -Council Minutes November I5, 201 I
SPECIAL ORDERS OF THE DAY (Continued)
RECOGNITION OF FIFTH GRADE SUNNYSIDE ELEMENTARY SCHOOL
STUDENT CARLOS BAUTISTA, WINNER OF THE VETERANS DAY ESSAY
CONTEST SPONSORED BY THE LADIES AUXILIARY, MILITARY ORDER OF
THE PURPLE HEART
Cheryl Perez introduced and recognized Carlos Bautista.
CONSENT CALENDAR
(Items 1-12)
Items 2, 3, 9 and 12 were removed from the Consent Calendaz for separate consideration. Item 2
was removed at the request of the public; Item 3 was removed at the request of Councilmember
Aguilaz; and Items 9 and 12 were removed at the request of staff.
WRITTEN COMMUNICATIONS
Memorandum from Councilmember Bensoussan requesting an excused absence from the
November 1, 2011 City Council meeting.
Recommendation: Council excuse the absence.
2. Item 2 was removed from the Consent Calendaz.
Item 3 was removed from the Consent Calendar.
4. RESOLUTION NO. 2011-218, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING THE FIVE-YEAR
AGREEMENT FOR CITYWIDE STREET SWEEPING SERVICES TO CANNON
PACIFIC SERVICES, INC. AND AUTHORIZING THE PURCHASING AGENT TO
RENEW THE AGREEMENT FOR TWO (2) ADDITIONAL 2-YEAR OPTION
PERIODS IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF
REQUEST FOR BID 1-11/12 (Director of Public Works)
Staff recommendation: Council adopt the resolution.
RESOLUTION NO. 2011-219, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING A CONTRACT
FOR THE "EUCALYPTUS PARK RIGHT-OF-WAY AND PARK ACCESS
IMPROVEMENT ALONG "C" STREET FROM FOURTH AVENUE TO NORTH
FIFTH AVENUE IN THE CITY OF CHULA VISTA, CALIFORNIA (CIP NO.
STL376)" PROJECT TO CMT ENGINEERING, INC. IN THE AMOUNT OF $116,702,
AWARDING AN ADDITIVE ALTERNATE BID IN THE AMOUNT OF $5,440 AND
AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO APPROVE CHANGE
ORDERS UP TO THE CONTINGENCY AMOUNT OF $11,858 (Director of Public
Works)
Staff recommendation: Council adopt the resolution.
Page 2 -Council Minutes November 15, 2011
CONSENT CALENDAR (Continued)
6. ORDINANCE OF THE CITY OF CHULA VISTA ESTABLISHING A 45 MPH SPEED
LIMIT ON PROCTOR VALLEY ROAD BETWEEN HUNTE PARKWAY AND
NORTHWOODS DRIVE/AGUA VISTA DRIVE AND AMENDING SCHEDULE X
OF THE REGISTER MAINTAINED IN THE OFFICE OF THE CITY ENGINEER TO
REFLECT THE ESTABLISHED SPEED LIMIT (FIRST READING) (Director of
Public Works)
Staff recommendation: Council place the ordinance on first reading
7. ORDINANCE OF THE CITY OF CHULA VISTA ESTABLISHING A 35 MPH SPEED
LIMIT ON DUNCAN RANCH ROAD BETWEEN PROCTOR VALLEY ROAD AND
STONE GATE STREET AND AMENDING SCHEDULE X OF THE REGISTER
MAINTAINED IN THE OFFICE OF THE CITY ENGINEER TO REFLECT THE
ESTABLISHED SPEED LIMIT (FIRST READING) (Director of Public Works)
Staff recommendation: Council place the ordinance on first reading
8. RESOLUTION NO. 2011-220, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING A SUPERSEDING FREEWAY
AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND STATE OF
CALIFORNIA DEPARTMENT OF TRANSPORTATION (CALTRANS) FOR
INTERSTATE 805 FROM THE SOUTH CITY OF CHULA VISTA LIMITS TO THE
EAST NAPLES STREET UNDER CROSSING (Director of Public Works)
Staff recommendation: Council adopt the resolution
9. Item 9 was removed from the Consent Calendar.
10. RESOLUTION NO. 2011-221, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING AN AGREEMENT BETWEEN MOFFATT
AND NICHOL AND THE CITY OF CHULA VISTA TO PROVIDE ENGINEERING
AND ENVIRONMENTAL SERVICES FOR THE REPLACEMENT OF THE
HERITAGE ROAD BRIDGE OVER THE OTAY RIVER AND AUTHORIZING THE
DIRECTOR OF PUBLIC WORKS TO EXECUTE THE AGREEMENT (Director of
Public Works)
Staff recommendation: Council adopt the resolution.
11. RESOLUTION NO. 2011-222, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA SETTING THE ANNUAL SALARY FOR THE ELECTED
CITY ATTORNEY AND AMENDING THE COMPENSATION SCHEDULE TO
REFLECT THE REQUIRED SALARY ADJUSTMENT (Director of Human Resources)
Staff recommendation: Council adopt the resolution.
12. This item was removed from the Consent Calendar.
ACTION: Mayor Cox moved to approve Consent Calendar Items 1, 4-8, 10 and 11, headings
read, text waived. Councilmember Bensoussan seconded the motion and it
carried 3-0.
Page 3 -Council Minutes November 15, 2011
ITEMS REMOVED FROM THE CONSENT CALENDAR
2. ORDINANCE NO. 3217, ORDINANCE OF THE CITY OF CHULA VISTA
ENACTING MUNICIPAL CODE CHAPTER 9.24 MAKING THE DISTRIBUTION
OF PSYCHOACTIVE BATH SALTS AND PSYCHOACTIVE HERBAL INCENSE A
PUBLIC NUISANCE SUBJECT TO CIVIL PENALTIES AND ENFORCEMENT
(SECOND READING AND ADOPTION) (City Attorney)
Staff recommendation: Council adopt the ordinance.
Daniel Green, Chula Vista resident, spoke in opposition to the proposed ordinance.
ACTION: Mayor Cox moved to adopt Ordinance No. 3217, heading read, text waived.
Councilmember Bensoussan seconded the motion and it carried 3-0.
Item 15 was taken out of order and addressed at 5:04 p.m.
ACTION ITEMS
15. PRESENTATION BY THE CHULA VISTA CHAMBER OF COMMERCE OF A
REPORT ON THE OPERATIONS, STRATEGIC GOALS AND OBJECTIVES, AND
FINANCIAL REPORT OF THE CHULA VISTA TOURISM MARKETING DISTRICT
Staff recommendation: Council accept the report and adopt the following resolution:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING AN AGREEMENT BETWEEN THE CHULA VISTA
CHAMBER OF COMMERCE, ACTING AS THE DESIGNATED OWNER'S
ASSOCIATION FOR THE CHULA VISTA TOURISM AND MARKETING
DISTRICT, AND THE CITY OF CHULA VISTA FOR THE
ADMINISTRATION AND IMPLEMENTATION OF ACTIVITIES AND
IMPROVEMENTS DESCRIBED IN THE MANAGEMENT DISTRICT PLAN
(Director of Economic Development)
Lisa Cohen, CEO, Chula Vista Chamber of Commerce, presented the Chula Vista Tourism and
Marketing Business Improvement District Annual Report for July 2010 through June 2011.
ACTION: Councilmember Bensoussan moved to accept the report and adopt the proposed
resolution. Mayor Cox seconded the motion.
Councilmember Aguilar spoke in opposition to the motion
ACTION: Councilmember Bensoussan amended the motion to approve the contract
agreement and to have staff come back with additional information no later than
the end of Februazy 2012. Mayor Cox seconded the motion.
The motion failed 2-1, with Councilmember Aguilaz opposed.
Mayor Cox referred the matter back to staff to work with the Chamber of Commerce and return
with a refined report.
Page 4 -Council Minu[es November I5, 2011
ACTION ITEMS (Continued)
Mayor Cox recessed the meeting at 7:19 p.m. The meeting reconvened at 7:37 p.m., with
Councilmembers Aguilar and Bensoussan, and Mayor Cox present.
3. A. RESOLUTION NO. 2011-215, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING AN AMENDMENT TO THE
ADMINISTRATIVE SERVICES AGREEMENT WITH ICMA RETIREMENT
CORPORATION TO INCLUDE ADMINISTRATIVE ALLOWANCE PROVISION
(Director of Finance/Treasurer)
B. RESOLUTION NO. 2011-216, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING AN AMENDMENT TO THE DEFERRED
COMPENSATION PLAN ADMINISTRATIVE AGREEMENT WITH NATIONWIDE
RETIREMENT SOLUTIONS, INC. TO PROVIDE FOR ADMINISTRATIVE
EXPENSE REIMBURSEMENT (Director of Finance/Treasurer)
C. RESOLUTION NO. 2011-217, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING AN AMENDMENT TO THE NATIONWIDE
RETIREMENT SOLUTIONS, INC. GOVERNMENTAL MONEY PURCHASE PLAN
AND TRUST (401 (A) PLAN) REVISING SECTIONS E2 AND ES AND ADDING A
FINAL PAY PROVISION (Director of Finance/Treasurer)
Staff recommendation: Council adopt the resolutions
ACTION: Councilmember Aguilar moved to adopt Resolution No. 2011-215, as amended to
extend the existing agreement for four months with direction that staff return with
a report describing the possibility of requesting proposals for the service, 2011-
216 and 2011-217. Mayor Cox seconded the motion and it carried 3-0.
9. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ESTABLISHING A NEW CAPITAL IMPROVEMENT PROJECT "ANIMAL CARE
FACILITY CATTERY EXPANSION" (GG213), AMENDING THE FISCAL YEAR
2011/2012 BUDGET BY APPROPRIATING $150,000 TO THE NON-
DEPARTMENTAL CIP BUDGET TO BE OFFSET BY A H.E.A.R.T. DONATION,
AND AWARDING A SOLE SOURCE DESIGN BUILD AGREEMENT TO ECHO
PACIFIC CONSTRUCTION, INC. FOR GG213 IN THE AMOUNT OF $150,000
(4/STHS VOTE REQUIRED) (Director of Public Works)
Staff recommendation: Council adopt the resolution.
It was the consensus of the Council to continue Item 9 to the Council meeting of November 29,
2011.
12. RESOLUTION NO. 2011-223, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING A MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY AND THE CHULA VISTA YOUTH SPORTS COUNCIL FOR
THE PROVISION OF ENHANCED PARKS MAINTENANCE SERVICES (Director of
Public Works and Director of Recreation)
Staff recommendation: Council adopt the resolution.
Page 5 - Coancil Minutes November 15, 2011
ACTION ITEMS (Continued)
Assistant City Manager Tulloch spoke about the collaborative process between the City, the
community and the Youth Sports Council.
City Attorney Googins outlined the following additional staff recommendations for formal action
by the Council:
- Approval of the proposed resolution contingent upon final approval and execution
of the agreement by the Youth Sports Council.
- The Scholazship Program be such that additional amounts otherwise collected
from participants and donated to the City, would not be collected from up to 20%
of qualifying scholazship participants as may be determined by the individual
youth sports programs.
- Increase the volunteer in-lieu fee from $14 to $15 per participant.
Mazk Twohey, Chula Vista resident, representing the Youth Sports Council, spoke in favor of
the proposed resolution. He commented that the Youth Sports Council would be amending its
bylaws in order to create a specific account to be used only for fertilizer and subcontracting
services to enhance the play fields.
ACTION: Councilmember Bensoussan moved to adopt Resolution No. 2011-223 as
amended, to include the additional staff recommendations as outlined by the City
Attorney, heading read, text waived. Mayor Cox seconded the motion and it
carried 3-0.
PUBLIC COMMENTS
Jerry Thomas, Chula Vista resident, reported that police officers showed up at a Boazd of Ethics
meeting he attended on October 19, 2011, and stated that this was intimidating to him.
Daniel Green, Chula Vista resident, stated that he was not being provided answers to his
questions of the Council at Council Meetings.
PUBLIC HEARINGS
13. CONSIDERATION OF FORMING ASSESSMENT DISTRICT 2010-02 (ELM
AVENUE)
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.
Mayor Cox opened the public hearing. Theresa L. Jones, National City resident, submitted a
speaker slip, but was not present to speak. There being no members of the public who wished to
speak, Mayor Cox closed the Public Heazing.
Page 6 -Council Minutes November 15, 2011
PUBLIC HEARINGS (Continued)
Mayor Cox then requested that the City Clerk open and tabulate the ballots. City Clerk Norris
reported that a total of 20 ballots were received: 15 ballots in favor, 4 opposed and 1 insufficient.
ACTION: Mayor Cox moved to adopt the following Resolution No. 2011-224, heading read,
text waived:
RESOLUTION NO. 2011-224, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA CERTIFYING THE RESULTS OF THE
PUBLIC HEARING AND ASSESSMENT DISTRICT BALLOT TABULATION
FOR PROPOSED ASSESSMENT DISTRICT NO. 2010-02 (ELM AVENUE),
ORDERING THE FORMATION AND ESTABLISHMENT OF SUCH
DISTRICT, THE IMPOSITION OF ASSESSMENTS ON PROPERTIES
THEREIN, AND THE CONSTRUCTION OF IMPROVEMENTS RELATED
THERETO (Director of Public Works)
Councilmember Bensoussan seconded the motion and it carried 3-0.
14. CONSIDERATION OF APPROVING A LONG TERM MAINTENANCE
AGREEMENT WITH THIRD AVENUE VILLAGE ASSOCIATION FOR
STREETSCAPE IMPROVEMENTS AS PART OF THE MASTER PLAN (Assistant
City Manager/Director of Development Services and Director of Public Works)
Mayor Cox opened the public hearing and continued it to December 6, 2011.
ACTION ITEMS
15. This item was taken out of order and heard after Item 2.
16. CONSIDERATION OF ACCEPTING A PROGRESS REPORT ON CLIMATE
ACTION PLAN IMPLEMENTATION AND TO PURSUE ADDITIONAL EXTERNAL
FINANCING TO SUPPORT MUNICIPAL ENERGY UPGRADES
Brendan Reed presented the progress report on Climate Action Plan implementation.
ACTION: Councilmember Bensoussan moved to adopt the following Resolution No. 2011-
225, heading read, text waived:
RESOLUTION NO. 2011-225, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA (1) ACCEPTING THE PROGRESS REPORT
ON CLIMATE ACTION PLAN IMPLEMENTATION (2) AUTHORIZING
STAFF TO SECURE UP TO $10 MILLION OF ADDITIONAL EXTERNAL
FINANCING TO SUPPORT MUNICIPAL ENERGY UPGRADE PROJECTS,
AND (3) AUTHORIZING THE CITY MANAGER TO EXECUTE ALL
DOCUMENTS IN CONJUNCTION WITH OBTAINING THE FINANCING
(Director of Public Works)
Councilmember Aguilar seconded the motion and it carried 3-0.
Page 7 -Council Minutes November 15, 2011
ACTION ITEMS (Continued)
17. CONSIDERATION OF MODIFYING THE FEE DEFERRAL PROGRAM
ACTION: Councilmember Bensoussan moved to place the following ordinance on first
reading, heading read, text waived:
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING SECTION 8
OF ORDINANCE 3163 IN ORDER TO EXTEND THE FEE DEFERRAL
PROGRAM (FIRST READING) (Assistant City Manager/Director of
Development Service)
Mayor Cox seconded the motion and it carried 3-0.
18. CONSIDERATION OF A PURCHASE AND SALE AGREEMENT FORA 1.89 ACRE
PARCEL IN THE CHULA VISTA AUTO PARK, AN EXCHANGE AGREEMENT
FOR THE 1.89 ACRE PARCEL IN THE AUTO PARK FORA 1.89 ACRE PARCEL
IN THE LOWER SWEETWATER VALLEY, AND AN OPTION AGREEMENT TO
EXCHANGE A 6.1 ACRE PARCEL ADJACENT TO SR-125 AND EASTLAKE
DRIVE FOR AN APPROXIMATE 3.85 ACRE PARCEL IN THE LOWER
SWEETWATER VALLEY
Staff recommendation: Council adopt the following resolutions:
A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AUTHORIZING THE CITY MANAGER TO ENTER INTO A PURCHASE
AND SALE AGREEMENT FORA 1.89-ACRE PARCEL ("MCCUNE") TO BE
EXCHANGED FOR A PARCEL IN THE LOWER SWEETWATER VALLEY
FOR PARK PURPOSES FOR THE NEGOTIATED PRICE OF $940,000,
APPROVING AN INTERFUND LOAN IN THE AMOUNT OF $310,000
FROM THE EASTERN PARKLAND ACQUISITION AND DEVELOPMENT
FEE FUND TO THE WESTERN PARKLAND ACQUISITION AND
DEVELOPMENT FEE FUND TO PARTIALLY FUND THE ACQUISITION
OF THE SITE, AND APPROPRIATING FUNDS FROM THE EASTERN AND
WESTERN PARKLAND ACQUISITION AND DEVELOPMENT FUNDS
THEREFOR (4/STHS VOTE REQUIRED) (Assistant City Manager/Director of
Development Services)
B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT
FOR THE EXCHANGE OF A ].89-ACRE PARCEL (APN# 644-041-41)
LOCATED IN THE CHULA VISTA AUTO PARK FORA 1.89-ACRE
PARCEL LOCATED IN THE LOWER SWEETWATER VALLEY TO BE
USED FOR PARK PURPOSES (Assistant City Manager/Director of
Development Services)
Page 8 -Council Minutes November 15, 2011
ACTION ITEMS (Continued)
C. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ENTERING INTO AN OPTION AGREEMENT TO EXCHANGE A 6.1-ACRE
PARCEL LOCATED ADJACENT TO SR-125 AND EASTLAKE DRIVE FOR
AN APPROXIMATE 3.85-ACRE PARCEL LOCATED IN THE LOWER
SWEETWATER VALLEY FOR PARK PURPOSES (Assistant City
Manager/Director of Development Services)
This item was moved to the meeting of December 6, 2011.
OTHER BUSINESS
19. CITY MANAGER'S REPORTS
Assistant City Manager/Development Services Director Halbert commented that staff would be
presenting a report from the Chula Vista Redevelopment Corporation at the Council meeting of
December 6, 201 I .
Assistant City Manager Tulloch made the following announcements:
- All recreation centers are now equipped with wi-fi.
- Ann Steinberger was recently selected as the City's new Marketing and Communications
Manager.
- The meeting of November 22, 2011 was cancelled.
20. MAYOR'S REPORTS
Ratification of the appointment of Sergio Quero to the Housing Advisory Commission.
ACTION: Mayor Cox moved to ratify the appointment of Sergio Quero as Housing
Advisory Commissioner. Councilmember Bensoussan seconded the motion and it
carried 3-0.
Mayor Cox made the following announcements:
- SANDAG would be holding the first of its three heazings on November 18, 2011,
regarding the SANDAG's purchase of State Route 125.
- The recent success of the Chamber of Commerce sponsorship of the Parade Band
Review, and the possibility of a Macy's Veterans Parade on Thanksgiving Day.
- Centennial time capsule rally scheduled for December 13, 2011 at 3:00 p.m. in the
Council Chambers.
- Compilation of a letter by Mayor Cox to the Port District regarding its discussions to
spend over $60 million for a convention center expansion in downtown San Diego.
Page 9 -Council Minutes November 15, 2011
21. COUNCILMEMBERS' COMMENTS
Councilmember Bensoussan made the following announcements:
- Hilltop Middle School multi-cultural fair on November 18, 2011, 5:30 p.m. to 8:30 p.m.
- The City was recently selected as one of the top-ranked national digital city governments
within the population of 125,000-249,99 by e-Republic's center for Digital Governments.
Councilmember Aguilaz wished everyone a happy Thanksgiving.
Mayor Cox announced that the Council would convene in Closed Session to discuss the items
listed below.
At 9:12 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.
22. PUBLIC EMPLOYEE PERFORMANCE EVALUATION PURSUANT TO
GOVERNMENT CODE SECTION 54957
Title: City Clerk
ADJOURNMENT
At 10:07 p.m., Mayor Cox adjourned the meeting to the next Regulaz City Council Meeting on
November 22, 2011, at 4:00 p.m., in the Council Chambers.
Lorraine Bennett, CMC, Deputy City Clerk
Page 10 -Council Minutes November 15, 2011