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HomeMy WebLinkAboutrda min 2011/12/13 Special cc regMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL AND A SPECIAL MEETING OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA December 13, 2011 4:00 P.M. A Regular Meeting of the City Council and a Special Meeting of the Redevelopment Agency of the City of Chula Vista were 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: Council/Agency Members: Aguilar, Bensoussan, Castaneda (arrived at 4:08 p.m.), Ramirez, and Mayor/Chair Cox ABSENT: None ALSO PRESENT: City Manager/Executive Director Sandoval, City Attorney/Agency Counsel 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 OATHS OF OFFICE Yolanda Calvo and Pedro Anaya Jr., Planning Commission City Clerk Norris administered oaths of office to Planning Commissioners Yolanda Calvo and Pedro Anaya, Jr., and Deputy Mayor Ramirez presented them with certificates of appointment. PRESENTATION BY ADAM SPARKS, PRESIDENT, THIRD AVENUE VILLAGE ASSOCIATION (TAVA), OF THE 2011 STARLIGHT PARADE AWARD WINNERS Mr. Sparks commented on the success of the 2011 Starlight Parade event, and then presented awards to the parade winners. PRESENTATION BY DIRECTOR OF RECREATION, BUCK MARTIN AND CEO OF THE SAN DIEGO SPORTS COMMISSION, ALLAN KIDD, OF THE CREATION OF THE CHULA VISTA SPORTS ALLIANCE Recreation Director Martin presented information about the creation of the Chula Vista Sports Alliance and the successes of its programs this past year. Page 1 - Council/RDA Minutes December 13, 2011 SPECIAL ORDERS OF THE DAY (Continued) Allan Kidd, CEO, San Diego Sports Commission, presented information about collaborative efforts between the Commission and the City for sports-related activities. Deputy Mayor Ramirez commented on the need to ensure that local activities aze not displaced, that local groups are integrated into events and tournaments, and to have economically sustainable programs. There was Council consensus to have staff return with a report on the results of the Request for Proposal for an Economic Feasibility/Mazketing Analysis (EFMA) for three pazk sites within the City. The following members of the Chula Vista Sports Alliance Board Members spoke in favor of the creation of the Chula Vista Sports Alliance: Teri Davis, Athletics Director, School of Health for Southwestern College Tracy Lamb, Director, Chula Vista Olympic Training Center Lisa Cohen, CEO, Chula Vista Chamber of Commerce, and members of the Chula Vista Sports Advisory Committee, spoke in favor of the creation of the Chula Vista Sports Alliance. CONSENT CALENDAR (items 1-15) Items 3, 5, and ]0 were removed from the Consent Calendaz for sepazate consideration. Items 3 and 5 were pulled at the request of Councilmember Aguilar; and Deputy Mayor Ramirez and Councilmember Bensoussan stated that they would be abstaining from voting on Item 10 out of an abundance of caution due to property ownership in the vicinity of the under-grounding project. 1. APPROVAL OF MINUTES of July 19, 2011. Staff recommendation: Council approve the minutes. 2. WRITTEN COMMUNICATIONS Letter of resignation from Yolanda Calvo, Design Review Boazd. Staff recommendation: Council accept the resignation. 3. This item was removed from the Consent Calendar. 4. INVESTMENT REPORT FOR THE QUARTER ENDED SEPTEMBER 30, 2011 (Director of Finance/Treasurer) Staff recommendation: Council accept the report. 5. This item was removed from the Consent Calendar Page 2 - CounciURDA Minutes December 13, 2011 CONSENT CALENDAR (Continued) 6. RESOLUTION NO. 2011-244, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2011/2012 AMERICAN RECOVERY AND REINVESTMENT ACT FUND BUDGET BY APPROPRIATING $12,952 IN GRANT FUNDS FROM THE LOCAL ENERGY ASSURANCE PLANNING GRANT AND AMENDING THE FISCAL YEAR 2011/2012 FEDERAL GRANTS FUND BUDGET BY APPROPRIATING $6,000 IN GRANT FUNDS FROM THE UNIVERSITY PARK AND RESEARCH CENTER GRANT (4/STHS VOTE REQUIRED) (Director of Economic Development) Staff recommendation: Council adopt the resolution. 7. RESOLUTION NO. 2011-245, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING THE 2010 GREENHOUSE GAS EMISSIONS INVENTORY REPORT (Director of Public Works) Staff recommendation: Council adopt the resolution. 8. RESOLUTION NO. 2011-246, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING $1,229,041 FROM THE SAN DIEGO GAS & ELECTRIC LOCAL GOVERNMENT PARTNERSHIP TO THE CITY'S ENERGY CONSERVATION FUND TO CONTINUE PROVIDING ENERGY EFFICIENCY PROGRAMS AND SERVICES (4/STHS VOTE REQUIRED) (Director of Public Works) Staff recommendation: Council adopt the resolution. 9. RESOLUTION NO. 2011-247, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE DIRECTOR OF FINANCE TO CLOSE AD 97-2 IMPROVEMENT FUND (OTAY RANCH, VILLAGE ONE) AND DIRECT THE TRUSTEE (US BANK) TO TRANSFER SURPLUS FUNDS TO THE REDEMPTION FUND IN ORDER TO CALL BONDS, PROVIDE REFUNDS, REDUCE FUTURE ASSESSMENTS, REIMBURSE THE GENERAL FUND, AND ALLOCATE TO CIP OTAY RANCH VILLAGE ONE MAINTENANCE OF IMPROVEMENTS (Director ofFinance/Treasurer and Director of Public Works) Staff recommendation: Council adopt the resolution. 10. This item was removed from the Consent Calendar. Page 3 -Council/RDA Minutes December 13, 2011 CONSENT CALENDAR (Continued) 11. RESOLUTION NO. 2011-249, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING A CONTRACT FOR THE "SEWER REHABILITATION PROGRAM, FISCAL YEAR 2009/2010 AND FISCAL YEAR 2010/2011 AT VARIOUS LOCATIONS (SW260/SW268)" PROJECT TO BURTECH PIPELINE, INC. IN THE AMOUNT OF $728,014 AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO APPROVE CHANGE ORDERS UP TO THE CONTINGENCY AMOUNT OF $85,000 (Director of Public Works) Staff recommendation: Council adopt the resolution. 12. RESOLUTION NO. 2011-250, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING CONTRACT FOR THE "NAPLES STREET IMPROVEMENTS FROM THIRD AVENUE TO ALPINE AVENUE (STL350)" PROJECT TO PORTILLO CONCRETE, INC. IN THE AMOUNT OF $502,690, AND AUTHORIZING THE EXPENDITURE OF ALL AVAILABLE CONTINGENCY FUNDS NOT TO EXCEED $60,000 (Director of Public Works) Staff recommendation: Council adopt the resolution. 13. RESOLUTION NO. 2011-251, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING CONTRACT FOR THE "ADA CURB RAMPS FISCAL YEAR 2011/2012 (STL377)" PROJECT TO PORTILLO CONCRETE, INC. IN THE AMOUNT OF $92,300 AND AUTHORIZING THE EXPENDITURE OF ALL AVAILABLE CONTINGENCY FUNDS IN AN AMOUNT NOT TO EXCEED $11,700 (Director of Public Works) Staff recommendation: Council adopt the resolution. 14. REPORT REGARDING THE CREATION AND OPERATION OF THE CHULA VISTA SPORTS ALLIANCE (Director of Recreation) Staff recommendation: Council accept the report. 15. RESOLUTION NO. 2011-252, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $119,797 FROM THE CALIFORNIA OFFICE OF TRAFFIC SAFETY AND APPROPRIATING $93,797 TO THE POLICE GRANT FUND FOR THE SOBRIETY CHECKPOINT MINI-GRANT PROGRAM (4/STHS VOTE REQUIRED) (Police Chief) Staff recommendation: Council adopt the resolution. ACTION: Mayor Cox moved to approve staff's recommendations on Items 1, 2, 4, 6-9, and 11-15, headings read, text waived. Councilmember Bensoussan seconded the motion and it carried 5-0. Page 4 - Council/RDA Minutes December 13, 2011 ITEMS REMOVED FROM THE CONSENT CALENDAR Items 3 and 5 were addressed after Item 17. 10. A. STATUS REPORT ON THE UTILITY UNDERGROUNDING PROGRAM (Director of Public Works) B. RESOLUTION NO. 2011-248, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE REVISED UTILITY UNDERGROUNDING PRIORITIZATION PROCESS (Director of Public Works) ACTION: Mayor Cox moved to accept the report and adopt Resolution No. 2011-248, headings read, text waived. Councilmember Castaneda seconded the motion and it carved 3-0-2, with Deputy Mayor Ramirez and Councilmember Bensoussan abstaining. Item No. 19 was taken out of order and addressed at this time. 19. REPORT AND ACTION ON PUBLIC SAFETY SUBCOMMITTEE RECOMMENDATION REGARDING PSYCHOACTIVE HERBAL INCENSE AND BATH SALTS Deputy City Attorney Hawkins gave a brief report about statewide legislation to criminalize possession of psychoactive herbal incense and bath salts. Captain Kennedy reported that compliance checks on local retailers for synthetic drug sales indicated 100% compliance. William Perno, Chula Vista resident, asked for Council consideration to enact an ordinance to support the ban on personal possession of synthetic drugs. Eliza Cardin recommended that educational information about synthetic drugs be displayed on the City's website. ACTION: Councilmember Castaneda moved to adopt the following Resolution No. 2011- 256, heading read, text waived: RESOLUTION NO. 2011-256, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA SUPPORTING STATEWIDE LEGISLATION CRIMINALIZING POSSESSION OF PSYCHOACTIVE HERBAL INCENSE AND BATH SALTS (City Attorney) Councilmember Aguilar seconded the motion and it carried 5-0. Page 5 - CounciURDA Minutes December 13, 2011 PUBLIC COMMENTS Larry Breitfelder, Chula Vista resident, representing Chula Vista Taxpayers Association, commented on the status of the City's Advanced Life Support services. Willard Howard, Chula Vista resident, commented on the need to look at increasing revenues for the City, and ways to attract visitors to the City. Item 18 was taken out of order and addressed at this time. PUBLIC HEARINGS 18. 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. Landscape Planner Williams presented the proposed agreement for maintenance and signage improvements as part of the Third Avenue Streetscape Master Plan. Assistant City Manager/Development Services Director Halbert provided a status update of the Third Avenue Streetscape improvements. 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- 255, heading read, text waived: RESOLUTION NO. 2011-255, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE THIRD AVENUE VILLAGE ASSOCIATION FOR THE MAINTENANCE OF STREETSCAPE IMPROVEMENTS, SIGNAGE, HARDSCAPE TREATMENTS AND OTHER LANDSCAPE IMPROVEMENTS INSTALLED AS PART OF THE THIRD AVENUE STREETSCAPE MASTER PLAN (Assistant City Manager/Director of Development Services and Director of Public Works) Councilmember Bensoussan seconded the motion and it carried 5-0. Mayor Cox recessed the meeting at 6:39 p.m. The meeting reconvened at 7:20 p.m. with all members present. Page 6 -Council/RDA Minutes December 13, 2011 PUBLIC HEARINGS 16. CONSIDERATION OF THE PROPOSED ASSESSMENT OF CERTAIN DELINQUENT SEWER SERVICE CHARGES AS RECORDED LIENS UPON THE RESPECTIVE OWNER OCCUPIED PARCELS OF LAND AND PLACEMENT OF DELINQUENT CHARGES ON THE NEXT REGULAR TAX BILL FOR COLLECTION 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 closed the public hearing. ACTION: Deputy Mayor Ramirez moved to adopt the following Resolution No. 2011-253, heading read, text waived: RESOLUTION NO. 2011-253, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ASSESSING CERTAIN DELINQUENT SEWER SERVICE CHARGES AS RECORDED LIENS UPON THE RESPECTIVE OWNER OCCUPIED PARCELS OF LAND AND APPROVING THE PLACEMENT OF DELINQUENT CHARGES ON THE NEXT REGULAR TAX BILL FOR COLLECTION (Director of Finance/Treasurer) Councilmember Castaneda seconded the motion and it carried 5-0. 17. CONSIDERATION OF THE PROPOSED ASSESSMENT OF CERTAIN DELINQUENT SOLID WASTE SERVICE CHARGES AS RECORDED LIENS UPON THE RESPECTIVE PARCELS OF LAND AND PLACEMENT OF DELINQUENT CHARGES ON THE NEXT REGULAR TAX BILL FOR COLLECTION 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 closed the public hearing. ACTION: Deputy Mayor Ramirez moved to adopt the following Resolution No. 2011-254, heading read, text waived: RESOLUTION NO. 2011-254, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ASSESSING CERTAIN DELINQUENT SOLID WASTE SERVICE CHARGES AS RECORDED LIENS UPON THE RESPECTIVE PARCELS OF LAND AND APPROVING THE PLACEMENT OF DELINQUENT CHARGES ON THE NEXT REGULAR TAX BILL FOR COLLECTION (Director of Finance/Treasurer) Councilmember Castaneda seconded the motion and it carried 5-0. Page 7 - Council/RDA Minutes December 13, 2011 ITEMS REMOVED FROM THE CONSENT CALENDAR 3. REPORT REGARDING THE DEVELOPMENT IMPACT FEE, PARK ACQUISITION AND DEVELOPMENT FEE, AND TRUNK SEWER CAPITAL RESERVE FUNDS FOR THE FISCAL YEAR ENDED JUNE 30, 2011 (Assistant City Manager/Director of Development Services, Director of Finance/Treasurer and Director of Public Works) Staff recommendation: Council accept the report. 5. RESOLUTION NO. 2011-2050, RESOLUTION OF THE CHULA VISTA REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA ACCEPTING THE 2010/2011 FISCAL YEAR END FINANCIAL REPORTS (Director of Finance/Treasurer) Staff recommendation: Agency adopt the resolution. ACTION: Mayor/Chair Cox moved to accept the report for Item 3, and adopt Agency Resolution No. 2011-2050, headings read, text waived. Council/Agencymember Ramirez seconded the motion and it carried 5-0. 18. This item was taken out of order and addressed after Public Comments. BOARD/COMMISSION/COMMITTEE REPORT 19. This item was taken out of order and addressed after Item 10. OTHER BUSINESS 20. CITY MANAGER/EXECUTIVE DIRECTOR'S REPORTS City Manager Sandoval gave an update on the Pazks Program and information about additional resources for the current volunteer patrol program. 21. MAYOR/CHAIR'S REPORTS Appointment of Deputy Mayor ACTION: Mayor Cox moved to appoint Councilmember Bensoussan as Deputy Mayor. Councilmember Bensoussan seconded the motion and it carried 3-2, with Councilmembers Ramirez and Aguilar voting no. Mayor Cox commented on the recent Cattery Project groundbreaking event at the Chula Vista Animal Shelter, and announced that cat adoption fees would be reduced until the end of the year. She invited the community to City Hall to view displays of artwork by various local artists. She acknowledged public safety staff who would be working during the holiday season. Page 8 - Council/RDA Minutes December 13, 2011 22. COUNCIL/AGENCY MEMBERS' COMMENTS A. ENERGY SUBCOMMITTEE REPORT - (Councilmembers Bensoussan and Castaneda.) Deputy Mayor Bensoussan stated that an overview of the proposed Cool Roof ordinance was presented to the Energy Subcommittee at its recent meeting, and that the matter would be scheduled for discussion at a future Council meeting. She added that the matter of a request by SDG&E to the Public Utilities Commission of fee increases for solaz users was also discussed at the Subcommittee meeting. B. PUBLIC SAFETY SUBCOMMITTEE REPORT - (Councilmembers Aguilaz and Castaneda): Council consideration of authorizing a Chula Vista Police Department workload analysis to be completed prior to the Fiscal Year 2012/2013 budget deliberations by the City Council. Councilmembers Castaneda and Aguilar commented on the critical Police Department staffing levels and asked staff to proceed with a workload analysis. City Manager Sandoval stated that staff would bring a report back to the Council in order to allocate funds for the study. C. Councilmember Aguilar: Consideration of establishment of a Veterans Memorial Ad Hoc City Council Committee, comprised of Deputy Mayor Ramirez and Councilmember Aguilar, to explore the feasibility of a new Veterans Memorial in Memorial Park. There was Council consensus to form a Veterans Memorial Ad Hoc City Council Committee for a period of 11 months. Councilmember Ramirez commented on a proposed project to provide additional assistance and resources for the Castle Park neighborhood. He commented on a prior report to the Council by the Executive Compensation Committee, of the results of a compensation study of Executive City staff, and he recommended that staff assist the Committee with providing additional information that would include benefits as part of the compensation study. Councilmember Aguilar stated there was a need for a total compensation analysis for City Executive staff. She wished everyone a happy and safe holiday season. At 8:15 p.m., Mayor Cox announced that the Council would convene in Closed Session to discuss the items listed below. Page 9 - Council/RDA Minutes December 13, 2011 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. 23. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) A. Shari Watson v. Citv of Chula Vista, South Bay Judicial District, Case No. 37- 2011-00084066-CU-W T-SC B. Application of San Diego Gas & Electric Compan~(U902E) for Authority to Update Mareinal Costs, Cost Allocation, and Electric Rate Desien, Public Utilities Commission of the State of California, Application 11-10-002 C. Carla Villa, et al. v. City of Chula Vista, San Diego Superior Court Case No. 37- 2011-00093296-CU-MC-CTL D. Donald Sipple, et al. v. City of Alameda et al., Los Angeles Superior Court Case No. BC462270 24. CONFERENCE WITH LEGAL COUNSEL -ANTICIPATED LITIGATION -Initiation of litigation pursuant to Government Code Section 54956.9(c) One Case 25. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54957.6 City Representatives: Glen Googins, Jim Sandoval, Scott Tulloch, Dave Hanneman, Kelley Bacon, Simon Silva and Maria Kachadoorian. Bargaining Unit: International Association of Fire Fighters (IAFF), Loca12180 ADJOURNMENT At 11:40 p.m., Mayor Cox adjourned the meeting to a Special Meeting on December 15, 2011, at 4:00 p.m., in the Executive Conference Room to conduct Board of Library Trustees interviews. RDA adjourns to the next regular meeting on January 17, 2012, at 4:00 p.m., in the Council Chambers. Lorraine Bennett, CMC, Sr. Deputy City Clerk Page 10 - CounciURDA Minutes December 13, 2011