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Home My WebLink Aboutcc min 2013/10/01 MINUTES OF A REGULAR n4EETII�G OF THE CITY COUI�'CIL OF THE CITY OF CHlJLA VISTA October 1, 2013 Z:00 p.m. A Reeulaz Meetine of the Ciri- Council of the Cit�� of Chula Vista was called to order at 2:07 p.m. in the Council Chambers. located in Citv Hall. 276 Fourth Avenue. Chula Vista. Califomia. ROLL CALL PRESEI�'T: Councilmembers Aeuilar (amved at 2:10 p.m.), Bensoussan, Salas and n4a��or Coz ABSENT: Councilmember Ramirez (excused) ALSO PRESENT: City Manaeer Sandoval, Cim Attorney Googins, Assistant City Clerk Bigelo�+�, and Deputv City Clerk Kansas PLEDGE OF ALLEGIANCE TO THE FLAG AI�'D MOMEI`TT OF SILENCE Plans Examiner Kal Tommalieh led the Pledge of AlleQiance. SPECIAL ORDERS OF THE DAY • INTRODUCTION BI' KELLY BROUGHTON. DIRECTOR OF DEVELOPMENT SERVICES. OF EMPLOYEE OF THE MONTH KAL TOMn4ALIEH, PLANS EXAMIT�'ER Director of De��elopment Sen�ices Brouehton introduced employee of the month, Kal Tommalieh. Ma��or Cos read the proclamation and Deputy A4a}�or Bensoussan presented it to Mr. Tommalieh. • PRESENTATION BY 7HE STATE ASSOCIATION OF EI`iVIRONMENTAL PLANNERS (AEP) SAN DIEGO CHAP7�ER DIRECTOR MARILI'i�T PONSEGGI OF AN AEP AWARD RECOGNIZING CHULA VISTA'S HISTORIC PRESERVATION PROGRAn4 AS AN OUTSTANDING Et�'VIRONMENTAL RESOURCE DOCUMENT Maril}�n Ponsegei, representing the State Association of Environmental Planners (AEP), presented the a�ti�ard recoenizing Chula Vista`s Historic Presen�ation proeram. • PRESENTATION OF A PROCLAA4ATIOI�' TO SAI�'DAG MARKETII�'G ASSISTANT JOSHUA ELIANO. CITY OF CHULA VISTA ENVIRONMENTAL RESOURCE MANAGER BRENDAN REED. CONSERVATION ASSOCIATE n4AR1ANNA CORKILL. SENIOR PROJECT COORDII�'ATOR DIEM DO AND SENIOR CIVIL ENGII�'EER ELIZABETH CHOPP PROCLAIMING OCTOBER 20li AS RIDESHARE MONTH Paee 1 �Council Minutes October 1,2013 Mayor Cos read the prodamation and Councilmember Aguilar presented it to Joshua Eliano, representing SANDAG, Environmental Resource Manager Reed, Consen�ation Associate Corkill, Senior Project Coordinator po, and Senior Civil Engineer Chopp. • PRESENTATION OF A PROCLAMATION TO SAN DIEGO ASSOCIATION OF GOVERNMENTS (SANDAG) SGNIOR TRANSPORTATION PLANNER KIMBERLY WEINSTEIN PROCLAIMING OCTOBER 9, 2013 AS WALK, RIDE AND ROLL TO SCHOOL DAY IN CHULA VISTA Mayor Cox read the proclamation and Councilmember Salas presented it to Ms. Weinstein, representing SANDAG. CONSENT CALENDAR (Items 1-8) Councilmember Aguilar stated she �i�ould abstain from voting on Item 1 due to being absent from the meeting of August li, 2013. City Attomey Googins announced that minor technical changes had been made to the resolution for ]tem 5 and that the revision had been distributed to the Council. 1. APPROVAL OF MINUTES of August 13, 15 and 27, 2013. Staff recommendation: Council approve the minutes. 2. RESOLUTION NO. 20li-197 OF THE CITY COUNCIL OF THE C[TY OF CHULA VISTA APPROVING AN AGREEMENT BETWEEN THE CITY AND HDL SOFTWARE, LLC, TO PROVIDE BUSINESS LICENSE TAX REVENUE DISCOVERY AND COMPLIANCE SERVICES (Director of Finance/Treasurer) Staff recommendation: Council adopt the resolution. 3. RESOLUTION NO. 20li-198 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT BETWEEN THE C1TY AND UTILITY COST MANAGEMENT, LLC, TO PROVTDE UTILITY INVOICE REVIEW SERVICES (Director of Finance/Treasurer) Staff recommendation: Council adopt the resolution. 4. INVESTMENT REPORT FOR THE QUARTER ENDED JLTNE 30, 20li (Director of Finance/Treasurer) Staff recommendation: Council accept the report. 5. RESOLUTION NO. 2013-199 OF THE CITY COLTNCTL OF THG CITY OF CHULA VISTA MAKING VARIOUS AMENDMCNTS TO THE FISCAL YEAR 2012/13 BUDGET "1'O ADJUST FOR VARIANCES AND APPROPRIATING FUNDS THEREFOR (4/5 VOTE REQUIRED) (Director of Finance/Treasurer) Staff recommendation: Council adopt the resolution. Page 2 �Council Minutes October 1,ZOI3 6. RESOLUTION N0. 2013-200 OF THE CITY COUI�'CIL OF THE CITI' OF CHULA VISTA ADOPT[I�'G LOOIC-BACIC PERIODS TO IDENTIFY FULL-TIME EA4PLOYEES PURSUAI�'T TO THE En4PLOYER SHARED RESPONSIBILITY PROVISIONS OF AFFORDABLE CARE ACT (ACA) (Director of Human Resources) Staff recommendation: Council adopt the resolution. 7. RESOLUTION NO. 2013-201 OF THE CITI' COUI�'CIL OF THE CITY OF CHULA VISTA A�'ARDING A DESIGI�' BUILD AGREEMENT TO MJC CONSTRUCTION FOR THE MEMORIAL PARK RENOVATION (PR317) IN THE AMOUI�'T OF �62.406.86 (Director of Public V�'orks) Staff recommendation: Council adopt the resolution. 8. RESOLUT[ON NO. 20L.i-202 OF THE CITl' COUI�'CIL OF THE CITY OF CHULA VISTA A40DIF1'II�'G THE APPEI`tDIX TO THE LOCAL CONFLICT OF It�'TEREST CODE TO ADD ANIA4AL CARE FACILITI' ADMIi�'ISTRATOR. DIRECTOR OF LIBRARI'. DIRECTOR OF RECREATIOI�. HOUSII�iG MANAGER. AND SENIOR RECREATION MANAGER: REMOVE DIRECTOR OF LIBRARY AND RECREATION AND DESIGN REVIEVJ BOARD MEMBERS FROM THE LIST OF OFFICIALS AND DESIGNATED EMPLOl'EES WHO ARE REQUIRED TO FILE PEWODIC STATEMENTS OF ECONOMIC INTERESTS: AND DESIGNATING ADDED FILERS AS '`LOCAL AGENCY OFFICIALS" FOR PURPOSES OF AB 1234. THEREBY REQUIRIt�'G THEM TO PARTIC]PATE II`' MANDATED ETHICS TRAINII`'G (City Clerk and Citv Attorne}�) Staff recommendation: Council adopt the resolution. ACTION: A4ayor Cos moved to appro��e staff's recommendations and offered Consent Calendar Items 2 throueh 8, headings read, text «�ai��ed. Deputy Ma}�or Bensoussan seconded the motion. and it carried b�� the followina ��ote: Yes: 4 —Aguilar. Bensoussan, Salas; and Cox I�'o: 0 ACTION: Ma��or Cox moved to approve staff s recommendation and offered Consent Calendar Item 1, headine read. Councilmember Salas seconded the motion, and it carried bv the follo��ins �ote: 1'es: 3 — Bensoussan. Salas. and Cos No: 0 Abstain: 1 —Aeuilar ITEMS REMOVED FROM THE CONSENT CALENDAR There «�ere none. Paee 3 �Council Mirmtes October 1, 2013 PUBLIC COMA4EI�'TS John Hess; representing IAFF, announced Breast Cancer Awareness month and presented the Council �+�ith t-shins in support of the cause. ACT[ON ITEMS 9. CONSID�RATION OF SOLG SOURCING MEDICAL RESUSCITATION EQUIPMENT MAI�'UFACTURED BY ZOLL MEDICAL CORPORATION ACTION: Deputy Mayor Bensoussan moved to adopt Resolution No. 2013-203, heading read, text �i�ai��ed. Councilmember Salas seconded the motion, and it canied by the follo�i�ing vote: Yes: 4 —Aguilar, Bensoussan, Salas, and Cox No: 0 RESOLUTION NO. 20li-203 OF THE CITY COUNCIL OF THE CITY OF CHULA V[STA AUTHORIZING THE CITY MANAGER AND/OR HIS DESIGNEE TO SOLE SOURCE THE PURCHASE OF MEDICAL RESUSCITATION EQUIPMENT MANUFACTURED BY ZOLL MEDICAL CORPORATION, AND TO TRANSFER $28.65� FROM SERVIC�S AND SUPPLIES CATEGORY TO CAPITAL CATEGORY OF THE FIRE DEPARTMENT (4/5 VOTE REQUIRED) (Fire Chiefj 10. CONSIDERA110N OF ENTERING A S�V�N-YEAR LEASE PURCHASE AGREEMENT WITH OSHKOSH CAPITAL Deputy Mayor Bensoussan recommended that the Fire Department investigate the possibility of donating used fire equipment to other agencies in need. Councilmember Salas stated that some Mexican cities mi�ht be interested in purchasing the equipment being retired. ACTION: Deputy Mayor Bensoussan moved to adopt Resolution No. 2013-204, heading read, text waived. Councilmember Salas seconded the motion, and it carried by the following vote: Yes: 4—Aguilar, Bensoussan, Salas, and Cox No: 0 RESOLUTION NO. 2013-204 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE CITY OF CHULA VISTA TO ENTER INTO A SEVEN- YEAR LEASE PURCHASE AGREEMENT WITH OSHKOSH CAPITAL FOR THE ACQUISITION OF A PIERC� ARROW XT TRIPLE COMBINATION PUMPER/FIRE ENGINE (Fire Chie� 1 l. Item 11 was noticed as time ceriain for 5:00 p.m. and was taken out of order follo��ing Closed Session. Paee 4 � Council Minutes October I,2013 OTHER BUSII�'ESS 12. CITY MANAGER'S REPORTS Cih� b4anaeer Sandoval announced that the Council n4eetinas of October 3 and 8. 2013 «�ould be cancelled. � He stated that the South Ba}� Bus Rapid Transit (BRT) project was appro�ed b} SAI�'DAG. and that SAI�TDAG had committed to meet �vith the communih- members reeardina the project. The communirv meetines were scheduled for October 8 and Z�. 2013. Cih� Manaeer Sandoval announced that the Lofrs on Landis project ��as funded, which ��ould consist of 33 units �vith the San Diego Family Health Center to be housed in the development. He announced that the Livine Coast Discoverv Center, formerl�� the Chula Vista I�'ature Center. ��ould be dosing its doors to the public on October 28 and permanently closin2 on December 1�, 20li, due to budeetan� issues. He pro��ided information on past and current fundine provided by the Cit��, as w�ell as the strategic planning effort to tn� and keep the center operational. 13. MAYOR`S REPORTS Ma��or Coz announced Beautif�� Chula Vista on October 12. 20li in Discoven� and Otav Parks. 14. COUNCILn4EMBERS' COn9MENTS Depun� Mayor Bensoussan thanl:ed those ��ho participated in the September 21, 2013 Hazbor Fest and announced that there were an estimated 10.000 visitors at the event. Councilmember Aguilaz expressed her support for the Federal emplo}�ees ��-ho reside in Chula Vista in light of the shut dowm of the eo��emment. Councilmember Salas congramlated Deputv Mayor Bensoussan for the success of the 2013 Harbor Fest. She also announced the recent San l'sidro Health Clinic opening on 7hird A��enue. CLOSED SESSION Ma��or Cox announced that the Council would convene in closed session to discuss the item listed belo��. At 2:» p.m.; the Council convened in Closed Session. Pursuant to Resolution No. li706 and Council Policv No. 346-03. Official Minutes and records of action tal:en durina Closed Sessions are maintained bv the Citv Attornev. 15. CONFERENCE V�'ITH LEGAL COUI�'SEL REGARDING E7�ISTII�'G LITIGATION PURSUANT TO GOVERI�'MENT CODE SECTIOt�' �49�69(a) Page 5 �Council Minuces Oc[ober I,2013 Frank R Son Paving, Inc. v. Bond Blacktop Inc., San Diego Superior Court, Case No. 37 2012-77203-CU-BC-SC (consolidated with Case No. 37-ZO1Z-78516-CU-BGSC) There �i-as no reporiable action for Item 15. The Council reconvened in open session at 5:03 p.m., with Councilmembers A�uilar, Bensoussan, and Salas, and Mayor Co� present. Item 11 was noticed as time certain for �:00 p.m. and was heard at this time. 11. STAFF PRESENTATION AND PUBLIC DISCUSSION REGARDING PROPOSED SDG&E SUBSTATION AND RELAT�D ISSUES [[n the Matter of the Application of San Diego Gas & Electric Company (U902E) for a Permit to Construct the South Bay Substation Relocation Project; California Public Utilin- Commission; Case No. ]0-06-007] Assistant City Manager Halbert, Senior Planner Tapia, Deputy City Attorney Shirey, and Jim McTarnaghan, outside counsel, presented information on the plans and history regarding the South Bay Substation relocation project and responded to Councilmembers' questions. Frank Urtasun and Ali Yari, representing San Diego Gas & Electric, provided information on the proposed South Bay Substation project, including the environmental and regulatory revie�v process and responded to Councilmembers' questions. John Moot, representing Inland Industries; Torben Aabo, representing Power Cable Consultants, Inc.; Mark Fulmer, representing MRW R Associates, LLC; Glenn Reddick, representing Glenn Reddick Professional Services; and Ste��e Padilla, representing Inland Industries, made a presentation regarding the project and proposed alternatives to include more undergrounding of lines and structures associated with the substation, and responded to Councilmembers' questions. Ann Moore, Leslie Nishihara, Tom Russell, and Mike Hogan, representing the San Diego Unified Port District, presented information regarding the proposed substation as related to the Bayfront Master Plan, as �vell as litigation related to the project. The following members of the public spoke in support of the Cit}� pursuing the undererounding of components related to the South Bay substation: • David Danciu, Chula Vista resident • Jerr}� Thomas, Chula Vista resident • Claire Pratt, Bonita resident • Joan Stroh. Chula Vista resident • Anthony Montah�o • Maria Espinosa, Chula Vista resident • Jim Peueh, San Dieeo resident, representing the San Diego Audubon Society • Mat Kostrinsk}�; San Diego resident Paee 6 �Council Minutes October 1,2013 • �'ictoria Bazba. South Bav resident • Noe Guadarrama. South Bav resident • Bridne�� Barba. South Bav resident • Shirle�� Bodie. Chula Vista resident • Theresa Acerro. Chula Vista resident • Kevin O'I�'eill. Chula Vista resident • Martin Torres. Chula Vista resident • Ciclani Orteea. South Bav resident The folloN�ing members of the public spoke in support of mo��ing forn�azd �vith the proposed South Bav substation relocation: • Scott Vinson. Chula Vista resident • W"illiam Richter. Chula Vista resident • John McCann. Chula Vista resident • Amv Reichert. Chula Vista resident • Andrea Skorepa, Bonita resident • Israel Adato. Chula Vista resident • Tom Cume. Chula Vista resident • Martin Hunier, San Dieeo resident, representine IBEN' 46� • Mike Spethman, Chula Vista resident • Johnn}� Simpson, representing IBEW �69 • Nephi Hancock, representing IBEI�' �69 • Dinusha Perera. Chula Vista resident • Jem Rindone. Chula Vista resident The follo��ing members of the public submitted requests to speak but ��ere not present or declined to speak. and did not indicate a position on the item: • Jackie Lancaster. Chula Vista resident • Rav Rodriauez. Chula Vista resident • Viviana Ibanez. Chula Vista resident • Jennifer Badeelv. Chula Vista resident • Sofia Garcia�Chula Vista resident Lynda Gilgun, Chula Vista resident, submitted a request to speal; but was not present. She submitted «�ritten documentation of her suppon for undergrounding the project. Mavor Coti spoke in support of continuing to pursue the existing South Bav Substation proposal. Councilmember Aguilaz spoke in support of staff continuing to pursue the South Ba�� Substation relocation and also pursue changes ro the proposal to construct the substation in an environmentally friendly and aesthetically pleasino manner. She presented a proposed resolution for the Council's considera[ion. A1a��or Cos stated she supported Counciimember Aeuilar's proposed resolution �vith minor modifications to the first sentence so it ti�ould read: "Consistent with the Cin�`s previous filings Page 7�Council Minu[es October 1,2013 with the CPUC, the City Council reaffinns its suppori for the relocation of the SDGK E Bayfront Substation in an environmentally friendly and aesthetically pleasing manner." Councilmember Salas espressed support for the relocation of the substation, as well as ��orkine with SDG&E to understand a full accounting of the 20A funds. At the request of Councilmember Salas, there was consensus of the Council to make a referral to staff to, following the CPUC's hearing of October 4, 2013, pursue additional undergrounding of substation components as cost feasible, so long as it would not trigger a delay in the relocation of the substation. ACTION: Councilmember Aguilar moved to adopt Resolution No. 2013-205, as amended, and read the full text of the resolution. Deputy Mayor Bensoussan seconded the motion; and it canied by the following vote: Yes: 4 —Aguilar, Bensoussan, Salas, and Cox No: 0 ADJOURI�'MENT At 10:50 p.m., Mayor Co� adjoumed the meeting to the next City Council Meeting on October 15, 2013, at 2:00 p.m. Kerry K. i elow, s istant City Clerk Page 8 I Council Minutes October I,2013