HomeMy WebLinkAboutcc min 2011/12/06MINUTES OF A REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF CHULA VISTA
December 6, 2011
4:00 P.M.
A Regulaz Meeting of the City Council of the City of Chula Vista was called to order at 4:01 p.m.
in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California.
ROLL CALL
PRESENT: Councilmembers Aguilar, Bensoussan, 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
Deputy Mayor Ramirez led the Pledge of Allegiance.
SPECIAL ORDERS OF THE DAY
• INTRODUCTION BY ASSISTANT CITY MANAGER/DIRECTOR OF
DEVELOPMENT SERVICES, GARY HALBERT, OF EMPLOYEES OF THE
MONTH BRIAN CATACUTAN AND LYNNETTE TESSITORE-LOPEZ OF THE
DEVELOPMENT SERVICES DEPARTMENT
Assistant City Manager/Development Services Director Halbert introduced employees of the
month Code Enforcement Officer Catacutan and Associate Planner Lopez. Mayor Cox read the
proclamations and Deputy Mayor Ramirez presented them to Mr. Catacutan and Ms. Lopez.
PRESENTATION OF PROCLAMATIONS BY DIRECTOR OF PUBLIC WORKS
RICK HOPKINS AND SENIOR PUBLIC WORKS SPECIALIST NORMA
RODRIGUEZ, COMMENDING THE FOLLOWING ORGANIZATIONS AND
ACKNOWLEDGING THEIR REPRESENTATIVES: CV PEACE, OSCAR FELIX
AND STEVE LIZARRAGA; GIRL SCOUT TROOP 5063; TRISH RILEY; GRAFFITI
BUSTERS, KELLY LUNA; SOUTH BAY COMMUNITY SERVICES, NICK
MARTINEZ AND MAURICIO TORRE; SOUTH BAY FAMILY YMCA EARTH
SERVICE CORPS, MARIA MASIS AND JEREMY JONES; SOUTH BAY FAMILY
YMCA CHILDCARE DEPT., KARINA PINA-ARMAS AND WENDI MESSINA,
AND TURNING THE HEARTS CENTER, MANUEL SANTOS, ALEJANDRA
ACEVES AND DOUG LUFFBOROUGH, FOR THEIR DEDICATION TO THE
CITY'S "BUFF-A-BLOCK" GRAFFITI ERADICATION PROGRAM WHICH WILL
BE DESCRIBED BY STAFF DURING THE PRESENTATION
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SPECIAL ORDERS OF THE DAY (Continued)
Assistant Director of Public Works Little gave a presentation about the buff-a-block program.
Councilmember Castaneda commented on the success of the program, and presented certificates
of recognition to the representatives. Mayor Cox then read the proclamation and Councilmember
Castaneda presented it to Senior Public Works Specialist Rodriguez and Steve Lizarraga, who
accepted it on behalf of the groups. Girl Scout Group 5063 then presented Kelly Luna,
representing Graffiti Busters, with a token of appreciation for her work with the program.
UPDATE ON PORT ISSUES BY PORT COMMISSIONER ANN MOORE
Port Commissioner Moore presented an update on Port District issues, including a request by the
City of San Diego for financing the expansion of the San Diego Convention Center. She stated
that the Port Commission voted to continue discussions with the City of San Diego regarding the
proposal, and noted that her vote was conditioned on certain key issues, including timing. She
stated that she had indicated that it was inappropriate to approve funding for the San Diego
Convention Center prior to approval of the Environmental Impact Report, the Coastal
Commission's approval of the Bayfront Master Plan, and the Port Commission meeting its prior
commitments to member cities. Ms. Moore then recommended next steps for the City of Chula
Vista: 1) Financing agreement with the Port District; 2) Additional funding beyond existing
Capital Improvement Program funds and current Memorandum of Understanding for projects
such as the H Street Extension, which requires an additional $2.5 million.
Ms. Moore then provided an update on issues regazding Dynegy and provided the Council with a
letter from Victor A. Vilaplana, representing Foley & Lazdner, LLP, dated November 14, 2011,
regarding the demolition of the South Bay Power Plant.
There was Council consensus to:
1. Direct the City Manager and City Attorney to work with Port staff and Legal Counsel to
request from the Federal Energy Regulatory Commission (FERC) answers about the
demolition process and enforcement of that process and provide a report to the Council.
2. Authorize Deputy Mayor Ramirez to write a letter on behalf of the City, to South County
Economic Development Council, the four local Chambers of Commerce, and other
appropriate counterparts, to solicit interest in the formation of an ad hoc committee to
band together on Port District matters.
CONSENT CALENDAR
(Items 1-19)
Item 14 was removed from the Consent Calendar for sepazate consideration.
Robert Corcilius, Chula Vista resident, submitted for the record, a speaker slip in support of
staffls recommendation for Item 9.
APPROVAL OF MINUTES of July 12, 2011.
Staff recommendation: Council approve the minutes.
Page 2 -Council Minutes December 6, 201 I
CONSENT CALENDAR (Continued)
2. WRITTEN COMMUNICATIONS
A. Memorandum from Councilmember Aguilar requesting an excused absence from the
November 3, 2011 City Council Workshop.
Staff recommendation: Council excuse the absence.
B. Memorandum from Councilmember Ramirez requesting an excused absence from the
November 15, 2011 City Council meeting.
Staff recommendation: Council excuse the absence.
C. Letter of resignation from Egbert Oostburg, Charter Review Commission.
Staff recommendation: Council accept the resignation.
D. Letter of resignation from Daniel Linder, Board of Library Trustees.
Staff recommendation: Council accept the resignation.
3. ORDINANCE NO. 3218, 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 (SECOND READING AND ADOPTION) (Director of Public Works)
Staff recommendation: Council adopt the ordinance.
4. ORDINANCE NO. 3219, 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
(SECOND READING AND ADOPTION) (Director of Public Works)
Staff recommendation: Council adopt the ordinance.
5. ORDINANCE NO. 3220, ORDINANCE OF THE CITY OF CHULA VISTA
AMENDING SECTION 8 OF ORDINANCE 3163 IN ORDER TO EXTEND THE FEE
DEFERRAL PROGRAM (SECOND READING AND ADOPTION) (Assistant City
Manager/Director of Development Services)
Staff recommendation: Council adopt the ordinance.
Page 3 -Council Minutes December 6, 2011
CONSENT CALENDAR (Continued)
6. RESOLUTION NO. 2011-228, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROPRIATING $16,500 FROM THE AVAILABLE
BALANCE OF THE FIRE EQUIPMENT LEASE FUND FOR REPLACEMENT
DEFIBRILLATOR BATTERIES (4/STHS VOTE REQUIRED) (Fire Chief)
Staff recommendation: Council adopt the resolution.
7. RESOLUTION NO. 2011-229, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ADOPTING THE CITY OF CHULA VISTA CAFETERIA
BENEFITS PLAN FOR 2012 (Director of Human Resources and ITS)
Staff recommendation: Council adopt the resolution.
8. RESOLUTION NO. 2011-230, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING $15,000 FROM THE CALIFORNIA OFFICE
OF TRAFFIC SAFETY AND APPROPRIATING SAID FUNDS TO THE POLICE
GRANT FUND FOR THE AVOID DUI CAMPAIGN (4/STHS VOTE REQUIRED)
(Police Chief)
Staff recommendation: Council adopt the resolution.
9. RESOLUTION NO. 2011-231, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING $3,262 FROM THE BUREAU OF JUSTICE
ASSISTANCE AND APPROPRIATING SAID FUNDS TO THE POLICE GRANT
FUND FOR THE BULLETPROOF VEST PARTNERSHIP (4/STHS VOTE
REQUIRED) (Police Chief)
Staff recommendation: Council adopt the resolution.
10. RESOLUTION NO. 2011-232, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING $11,027 FROM THE CALIFORNIA
EMERGENCY MANAGEMENT AGENCY AND APPROPRIATING SAID FUNDS
FOR THE COVERDELL FORENSIC SCIENCE IMPROVEMENT PROGRAM
(4/STHS VOTE REQUIRED) (Police Chief)
Staff recommendation: Council adopt the resolution.
11. RESOLUTION NO. 2011-233, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROPRIATING $20,000 FROM THE AVAILABLE
BALANCE OF THE INMATE WELFARE FUND (4/STHS VOTE REQUIRED) (Police
Chief)
Staff recommendation: Council adopt the resolution.
Page 4 -Council Minutes December 6, 2011
CONSENT CALENDAR (Continued)
12. RESOLUTION NO. 2011-234, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING $384,029 FROM THE U.S. DEPARTMENT
OF HOMELAND SECURITY AND APPROPRIATING SAID FUNDS TO THE
POLICE GRANT FUND FOR OPERATION STONEGARDEN (4/STHS VOTE
REQUIRED) (Police Chief)
Staff recommendation: Council adopt the resolution.
13. RESOLUTION NO. 2011-235, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AMENDING THE TRANSIT FUND BUDGET FOR
FISCAL YEAR 2011/2012 BY APPROPRIATING $24,750 FOR TRANSFER INTO
THE BICYCLE TRANSPORTATION ACCOUNT (BTA) FUND AND AMENDING
THE BTA FUND BUDGET FOR FISCAL YEAR 2011/2012 BY APPROPRIATING
$20,726 FOR REFUND TO OTHER AGENCY (4/STHS VOTE REQUIRED) (Director
of Public Works)
Staff recommendation: Council adopt the resolution.
14. This item was removed from the Consent Calendar.
15. RESOLUTION N0. 2011-237, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AWARDING A CONTRACT FOR THE DEVELOPMENT
OF A FIVE-YEAR COST OF SERVICE AND RATE STUDY FOR SEWER
SERVICES TO FINANCIAL CONSULTING SOLUTIONS GROUP, INC. (Director of
Public Works)
Staff recommendation: Council adopt the resolution.
16. RESOLUTION NO. 2011-238, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AUTHORIZING THE SUBMITTAL OF CALRECYCLE
19TH CYCLE FISCAL YEAR 2011/2012 WASTE TIRE ENFORCEMENT GRANT
APPLICATION IN PARTNERSHIP WITH THE CITY OF SAN DIEGO-SOLID
WASTE LOCAL ENFORCEMENT AGENCY AND AUTHORIZING THE CITY OF
SAN DIEGO TO ACT ON BEHALF OF THE CITY OF CHULA VISTA TO
EXECUTE ALL NECESSARY APPLICATIONS, CONTRACTS, PAYMENT
REQUESTS, AGREEMENTS AND AMENDMENTS FOR THE PURPOSE OF
SECURING GRANT FUNDS AND TO IMPLEMENT AND CARRY OUT THE
PURPOSE SPECIFIED GRANT (Director of Public Works)
Staff recommendation: Council adopt the resolution.
17. RESOLUTION NO. 2011-239, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ADOPTING A COUNCIL POLICY REGARDING BUFF-A-
BLOCK PROGRAM AND ESTABLISHING GUIDELINES (Director of Public Works)
Staff recommendation: Council adopt the resolution.
Page 5 -Council Minutes December 6, 2011
CONSENT CALENDAR (Continued)
18. RESOLUTION NO. 2011-240, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2011/2012
RECREATION BUDGET BY APPROPRIATING $390,030 TO REFLECT
ADDITIONAL RECREATION CLASSES AND PROGRAMS TO BE OFFSET BY
GRANTS, DONATIONS, AND UNANTICIPATED RECREATION FEES AND
APPROVING A TRANSFER OF $37,500 WITHIN THE ENERGY CONSERVATION
FUND (4/STHS VOTE REQUIRED) (Director of Recreation)
Staff recommendation: Council adopt the resolution.
19. A. RESOLUTION NO. 2011-241, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AUTHORIZING THE CITY MANAGER TO ENTER INTO
A PURCHASE AND SALE AGREEMENT FOR A 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 NO. 2011-242, 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 1.89-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)
C. RESOLUTION NO. 2011-243, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING AN OPTION AGREEMENT TO
EXCHANGE A 9.3-ACRE PARCEL LOCATED ADJACENT TO SR-125 AND
EASTLAKE DRIVE FOR AN APPROXIMATE 3.94-ACRE PARCEL LOCATED IN
THE LOWER SWEETWATER VALLEY FOR PARK PURPOSES AND
AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT
(Assistant City Manager/Director of Development Services)
Staff recommendation: Council adopt the resolutions.
ACTION: Mayor Cox moved to approve staffls recommendations on Consent Calendaz
Items 1-13, and 15-19, headings read, text waived. Councilmember Castaneda
seconded the motion and it can•ied 5-0.
Page 6 -Council Minutes December 6, 2011
ITEMS REMOVED FROM THE CONSENT CALENDAR
14. RESOLUTION NO. 2011-236, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AWARDING A CONTRACT FOR THE DEVELOPMENT
OF A WASTEWATER MASTER PLAN UPDATE TO INFRASTRUCTURE
ENGINEERING CORPORATION (Director of Public Works)
Staff recommendation: Council adopt the resolution.
Councilmember Castaneda asked for clarification from staff about the acquisition of increased
capacity for sewage treatment. Public Works Director Hopkins responded that results of a
capacity study would be included in the master plan scheduled for future presentation before the
City Council.
ACTION: Councilmember Castaneda moved to adopt Resolution No. 2011-236, heading
read, text waived. Mayor Cox seconded the motion, and it carried 5-0.
PUBLIC COMMENTS
William Perno, Chula Vista resident, asked the Council to adopt a resolution for submission to
State representatives to support the banning of synthetic drugs.
Tom Clavell, Chula Vista resident, representing Chula Vista Charitable Foundation, provided the
Council with a brief update on the Foundation's community activities, and invited the Council to
its upcoming events.
Elroy Kihano, Chula Vista resident, submitted copies of an e-mail to him from the White House,
regarding benefits for war veterans. He spoke in favor of public access for information from the
City Council and Charter Review Commission about district elections.
Mayor Cox recessed the meeting at 6:09 p.m. The meeting reconvened at 6:17 p.m., with all
members present.
PUBLIC HEARINGS
20. CONSIDERATION OF APPROVING AN AGREEMENT BETWEEN THE CITY OF
CHULA VISTA AND THE THIRD AVENUE VILLAGE ASSOCIATION FOR
STREETSCAPE AND LANDSCAPE IMPROVEMENTS AS PART OF THE THIRD
AVENUE STREETSCAPE MASTER PLAN
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. There being no members of the public who wished to
speak, Mayor Cox continued the hearing to the meeting of December 13, 2011.
Page 7 -Council Minutes December 6, 2011
ACTION ITEM
21. REPORT TO THE CITY COUNCIL ON THE ROLES, RESPONSIBILITIES,
STRUCTURE AND WORK PLAN PERTAINING TO THE CHULA VISTA
REDEVELOPMENT CORPORATION (CVRC), AND RECOMMENDATION ON
ELIMINATION OF THE CVRC AND CREATION OF A NEW ADVISORY BODY
TO THE CITY COUNCIL FOR WESTERN CHULA VISTA REVITALIZATION
(Assistant City Manager/Director of Development Services)
Assistant City Manager/Director of Development Services Halbert presented information about
the history of the Chula Vista Redevelopment Corporation (CVRC).
City Manager Sandoval presented a review of the Western Chula Vista Revitalization Plan
Director Halbert presented the proposed strategic work plan
CVRC Director Watson spoke about the non-profit status of the CVRC, the Corporation's roles
and responsibilities, and presented tools and recommendations to implement the strategic work
plan.
Mayor Cox polled the Councilmembers on the following issues:
1) Whether the structure of the CVRC be retained as an asset for future use.
Councilmembers Aguilar, Castaneda and Ramirez spoke in favor of dissolving the current
structure; Councilmember Bensoussan and Mayor Cox spoke in favor of retaining the current
structure.
2) Whether to retain the current membership of the CVRC in whatever entity may replace the
CVRC.
It was the unanimous consent of the Council to retain the expertise of the current CVRC
membership in whatever entity may replace the CVRC.
3) Whether to retain the group formally as a board, commission, or committee, or retain the
group informally as advisory to staff only.
Councilmember Bensoussan preferred to retain the group formally, but stated she wasn't
opposed to retaining the group informally. Councilmembers Aguilaz, Castaneda, Ramirez and
Mayor Cox spoke in favor of retaining the current members as an informal group.
4) Whether to limit the scope of work to specific tasks as decided by the Council, or broaden the
scope to an azea such as western Chula Vista revitalization, as suggested in staffs
recommendation.
Deputy Mayor Ramirez stated he preferred giving the group a specific task, Councilmember
Aguilaz spoke in favor of a broader scope of work to include Western Chula Vista and portions
of redevelopment areas east of I-805, with the exception of the Bayfront; Councilmembers
Bensoussan and Castaneda and Mayor Cox spoke in favor of a broader scope, leaving the tasks
at the direction of the City Manager.
Page 8 -Council Minutes December 6, 2011
ACTION ITEM (Continued)
ACTION: Mayor Cox moved to direct staff to bring an item back to Council to dissolve the
Chula Vista Redevelopment Corporation (CVRC) as it currently stands,
disestablish the structure under which the CVRC operates, to form an informal
group, advisory to the City Manager or his designee, and the task to be at the
advice and counsel of the City Manager or his designee, with Western Chula
Vista revitalization as a focal point. Deputy Mayor Ramirez seconded the motion
and it carried 5-0.
OTHER BUSINESS
22. CITY MANAGER'S REPORTS
City Manager Sandoval announced that the Regular Council Meeting scheduled for December
20, 2011 was cancelled. He introduced and welcomed the City's Mazketing and
Communications Manager, Anne Steinberger.
23. MAYOR'S REPORTS
Mayor Cox announced the Centennial Time Capsule ceremony on December 13, 2011, at 3:00
p.m., in City Hall, and invited the community.
24. COUNCILMEMBERS' COMMENTS
Councilmember Bensoussan announced that in celebration of the centennial, art exhibits by local
artist Katazzyna Lappin would be displayed in City Hall. She announced a meeting of the
Energy Subcommittee on December 12, 2011, at 2:00 p.m. in the Council Chambers.
Councilmember Castaneda thanked the Third Avenue Village Association on the success of the
recent Stazlight Parade event.
Deputy Mayor Ramirez commented on his recent Public Office hours meeting about the City's
financing.
Councilmember Aguilar requested, with Council consensus, to docket for the next Council
meeting, consideration of formation of an Ad Hoc Council Subcommittee comprised of herself
and Deputy Mayor Ramirez, to explore the possibility of a new veterans memorial at Memorial
Park.
At 8:28 p.m., Mayor Cox announced that the Council would convene in Closed Session to
discuss the items listed below.
Page 9 -Council Minutes December 6, 2017
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.
25. PUBLIC EMPLOYEE PERFORMANCE EVALUATION PURSUANT TO
GOVERNMENT CODE SECTION 54957
Title: City Clerk
26. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION
PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a)
Shari Watson v. City of Chula Vista, South Bay Judicial District, Case No. 37-2011-
00084066-CU-WT-SC
ADJOURNMENT
At 8:43 p.m., Mayor Cox adjourned the meeting to a Special Meeting of the City Council on
December 7, 2011, at 4:00 p.m., in the Executive Conference Room, to conduct Planning
Commission Interviews.
Lorraine Bennett, CMC, Sr. Deputy City Clerk
Page ]0 -Council Minutes December 6, 2011