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Home My WebLink Aboutcc min 2015/02/17 City of Chula Vista Meeting Minutes - Final Tuesday,February�7,2015 4:00 PM Council Chambers 276 4th Avenue, Building A Chula Ysta,CA 91910 REGULAR MEETING OF THE CITY COUNCIL CALL TO ORDER A Regular Meeting o/ the City Council o£ the Ciry of Chula Vista was called to order at 4:02 p.m. in the Council Chambers.located in City Nall, 276 FouRh Avenue, Chula Vista, Caldomra ROLL CALL: Present: Councilmember Aguilar, Deputy Mayor Bensoussan, Councilmember McCann, Councilmember Miesen and Mayor Salas Also Present City Manage� Nalbert, City Attomey Googins, City Clerk Norris, and Assistant City Gerk Bigelow PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE Councdmember McCann led the Pledge of Allegiance. SPECIAL ORDERS OF THE DAY A. 15-0013 PRESENTATION OF A PROCLAMATION TO CHULA VISTA POLICE OFFICERS EVELIA KAHL AND TYLER WALL BY HEALTH 8 HUMAN SERVICES AGENCY DIRECTOR, SOUTH REGION, BARBARA JIMENEZ, OF THE LIVE WELL SAN DIEGO CHAMPION AWARD AND RECOGNITION OF THEIR EFFORTS TOWARD THE SAFETY OF HARBORSIDE PARK Barbara Jimenez, Directo�, �epresenting the County of San Diego's Healfh 6 Human Services Agency, presented the Live Well San Diego Champion award fo O�cers Kahl and Wall. Ma}ror Salas read the proclamation and Deputy Ma}ro�Bensoussan presented it to O�cers Kahl and Wall. B. 15-0043 PRESENTATION OF A PROCLAMATION TO SOUTHWESTERN COLLEGE SCHOOL OF ARTS AND COMMUNICATION DEAN, DONNA ARNOLD, PROCLAIMING SATURDAY, FEBRUARY 28, 2015 AS SOUTHWESTERN COLLEGE SCHOOL OF ARTS AND COMMUNICATION DAY IN THE CITY OF CHULA VISTA Ma}ror Salas read the pioclamation and Deputy Mayo� Bensoussan presented it fo Southwestem College School o(Arts and Communication Dean, Donna Amold. CONSENT CALENDAR (Items 1 - 8) 1. 15-0041 APPROVAL OF MINUTES of January 13, January, 27, February 3, and February 5, 2015. Recommended Action:Council approve the minutes. Liryo/Chula Vsia Page 1 City Council Meeting Minutes-Final February 17,2015 2. 15-0025 WRITTEN COMMUNICATIONS A. Letter of resignation from Nora Vargas, Resource Conservation Commission B. Letter of resignation from Jason Paguio, Cultural Arts Commission. Recommended Action:Council accept the resignations. 3. 15-0015 RESOLUTION NO. 2015-024 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A MINI-GRANT AGREEMENT, ACCEPTING $2,800 FROM THE SAN DIEGO ASSOCIATION OF GOVERNMENTS, AND APPROPRIATING SAID GRANT FUNDS TO THE PUBLIC WORKS FISCAL YEAR 2015 BUDGET TO SUPPORT NATIONAL BIKE MONTH ACTIVITIES (4/5 VOTE REQUIRED) Recommended Action: Council adopt the resolution. 4. 14-0749 A RESOLUTION NO. 2015-025 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2014-15 CIP BUDGET AND ESTABLISHING A NEW CAPITAL IMPROVEMENT PROJECT "BONITA CANYON ENVIRONMENTAL RESTORATION AND MITIGATION PROJECT (DR200)"; REDUCING THE DR189 CIP BUDGET (GENERAL FUND) BY $377,900 AND APPROPRIATING THE EQUIVALENT AMOUNT TO DR200; ACCEPTING BIDS, AWARDING A CONTRACT IN THE AMOUNT OF $244,602.10 TO NATURES IMAGE, INC FOR BONITA CANYON ENVIRONMENTAL RESTORATION AND MITIGATION PROJECT (DR200); WAIVING CITY COUNCIL POLICY NO. 574-01, AND AUTHORIZING THE EXPENDITURE OF ALL AVAILABLE CONTINGENCY FUNDS IN AN AMOUNT NOT TO EXCEED $37,397.90 (4/5 VOTE REQUIRED) B RESOLUTION NO. 2015-026 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A SOLE SOURCE AGREEMENT WITH HELIX ENVIRONMENTAL PLANNING, INC. FOR THE PROVISION OF BIOLOGICAL MONITORING SERVICES DURING THE CONSTRUCTION AND SUBSEQUENT FIVE-YEAR MAINTENANCE PERIOD FOR BONITA CANYON ENVIRONMENTAL RESTORATION AND MITIGATION PROJECT Recommended Action:Council adopt the resolutions. 5. 15-0004 RESOLUTION NO. 2015-027 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $144,954 FROM THE U.S. DEPARTMENT OF HOMELAND SECURITY AND APPROPRIATING SAID FUNDS TO THE POLICE GRANT FUND FOR OPERATION STONEGARDEN (4/5 VOTE REQUIRED) Recommended Action:Council adopt the resolution. Ciry o/Chu/a Vsta Page 1 City Council Meeting Minutes•Final February 17,2015 6. 14-0632 A. RESOLUTION NO. 2015-028 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING AN INTERFUND LOAN POLICY B. RESOLUTION NO. 2015-029 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AFFIRMING AND CONSOLIDATING EXISTING INTERFUND LOANS FROM THE TRUNK SEWER CAPITAL RESERVE FUND TO THE SALT CREEK TRUNK SEWER DEVELOPMENT IMPACT FEE FUND WITH A PRINCIPAL AMOUNT OF 520,667,477 AND APPROVING A CONSOLIDATED INTERFUND LOAN REPAYMENT SCHEDULE REFLECTING FINANCING COSTS AND REPAYMENTS TO DATE C. RESOLUTION NO. 2015-030 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AFFIRMING AND CONSOLIDATING EXISTING INTERFUND LOANS FROM THE TRUNK SEWER CAPITAL RESERVE FUND TO THE STORM DRAIN REVENUE FUND WITH A PRINCIPAL AMOUNT OF 5576,023 AND APPROVING A CONSOLIDATED INTERFUND LOAN REPAYMENT SCHEDULE REFLECTING FINANCING COSTS AND REPAYMENTS TO DATE D. RESOLUTION NO 2015-031 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AFFIRMING AND CONSOLIDATING EXISTING INTERFUND LOANS FROM THE SEWER FACILITIES REPLACEMENT FUND TO THE STORM DR,41N REVENUE FUND WITH A PRINCIPAL AMOUNT OF 5640,000 AND APPROVING A CONSOLIDATED INTERFUND LOAN REPAYMENT SCHEDULE REFLECTING FINANCING COSTS AND REPAYMENTS TO DATE E. RESOLUTION NO. 2015-032 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AFFIRMING THE EXISTING INTERFUND LOAN FROM THE GENERAL FUND TO THE CIVIC CENTER COMPONENT OF THE PUBLIC FACILITIES DEVELOPMENT IMPACT FEE FUND WITH A PRINCIPAL AMOUNT OF S1,528,969 AND APPROVING AN INTERFUND LOAN REPAYMENT SCHEDULE REFLECTING FINANCING COSTS AND REPAYMENTS TO DATE F. RESOLUTION NO. 2015-033 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AFFIRMING AND CONSOLIDATING THE EXISTING INTERFUND LOANS FROM THE TRANSPORTATION DEVELOPMENT IMPACT FEE FUND TO THE FIRE SUPPRESSION SYSTEM EXPANSION COMPONENT OF THE PUBLIC FACILITIES DEVELOPMENT IMPACT FEE FUND WITH A PRINCIPAL AMOUNT OF S10.5 MILLION AND APPROVING A CONSOLIDATED INTERFUND LOAN REPAYMENT SCHEDULE REFLECTING FINANCING COSTS AND REPAYMENTS TO DATE Cify o/Chula YuYa Page J City Council Mee6ng Minutes-Final February 17,2015 G. RESOLUTION NO. 2015-034 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AFFIRMING AND CONSOLIDATING THE EXISTING INTERFUND LOANS FROM THE EASTERN PARKLAND ACQUISITION AND DEVELOPMENT FEE FUND TO THE WESTERN PARKLAND ACQUISITION AND DEVELOPMENT FEE FUND WITH A PRINCIPAL AMOUNT OF $9.94 MILLION AND APPROVING A CONSOLIDATED INTERFUND LOAN REPAYMENT SCHEDULE REFLECTING FINANCING COSTS AND REPAYMENTS TO DATE H. RESOLUTION NO. 2015-035 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA MAKING VARIOUS AMENDMENTS TO THE FISCAL YEAR 2014-15 BUDGET TO REFLECT INTERFUND LOAN REPAYMENTS AND APPROPRIATING FUNDS THEREFOR (4/5 VOTE REQUIRED) Recommended Action:Council adopt the resolutions. 7. 15-0001 ACCEPTANCE OF AUDITED FINANCIAL STATEMENTS FOR FISCAL YEAR ENDED JUNE 30, 2014 Recommended Action: Council accept the repoR. 8. 15-0030 RESOLUTION NO. 2015-036 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE SPONSORSHIP OF HARBORFEST 2015 AND STARLIGHT PARADE 2015; AUTHORIZING THE FILING OF AN APPLICATION FOR A $25,000 COMMUNITY ENHANCEMENT GRANT FROM THE COUNTY OF SAN DIEGO, APPROVING THE REQUISITE RESOLUTION PROVIDED BY THE COUNTY; AND AUTHORIZING THE CITY MANAGER OR DESIGNEE TO SIGN AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE COUNTY OF SAN DIEGO AND RELATED DOCUMENTS Recommended Action:Council adopt the resolution. Approval of the Consent Calendar ACTION: A motion was made by Councilmember McCann, seconded by Councilmember Aguilar, to approve staff's recommendations on the above Consent Calendar items,headings read,text waived.The motion carried by the following vote: Yes: 5- Aguilar, Bensoussan, McCann, Miesen and Salas No: 0 Abstain: 0 City o/Lhula Vista Page 4 City Council Meeting Minutes•Final February 17,2015 Items 75 and 76 were taken out o/ortier following the Consent Calendar. Mayo� Salas announced that the Council would convene in closed session to discuss the rtems 6sted below. Councilmember Miesen stated he would abstain from discussion on Item 75 since he had been appointed to(he Council and fhe matter was re/ated to the appomtment process. At 4.28 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. 15. 15-0028 CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code Section 54956.9 (b) One Case. [The case to be discussed involves a letter dated January 21, 2015, from Coast Law Group LLP and Briggs Law Corporation Re: Notice of Intent to File Law Suit and Demand for Cure Public Records Act and Brown Act Violations] ACTION: No reportable action. 16. 15-0042 CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8 Property: 224 Third Avenue, Chula Vista, CA [APN: 568-044-19) Agency Negotiators: Eric Crockett and Rick Ryals Negotiating Parties. City of Chula Vista and Hector Gonzales Under Negotiation. Price and Terms ACTION: No reportable action. The Council ieconvened in open session af 6:03 p m, with all members p25ent. ITEMS REMOVED FROM THE CONSENT CALENDAR There we2 none. PUBLIC COMMENTS SaNador Garcia, Chula Vista rasident, expressed concem regarding a tree growing over his property. Mayor Salas re(erred the issue fo Public Works Di2ctor Hopkins. Crty o!Chula Ysia Page 5 City Council Meeting Minutes-Final February 17,2015 PUBLIC HEARINGS 9. 14-0625 CONSIDERATION OF AMENDMENTS TO CHULA VISTA MUNICIPAL CODE CHAPTER 19.09 (GROWTH MANAGEMENT), AND APPROVAL OF THE GROWTH MANAGEMENT PROGRAM IMPLEMENTATION MANUAL AND THE GROWTH MANAGEMENT PROGRAM DOCUMENT (Continued from January 27, 2015) A ORDINANCE OF THE CITY OF CHULA VISTA APPROVING AMENDMENTS TO CHULA VISTA MUNICIPAL CODE CHAPTER 19.09 (GROWTH MANAGEMENT) (FIRST READING) B. RESOLUTION NO. 2015-037 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE GROWTH MANAGEMENT PROGRAM IMPLEMENTATION MANUAL TO REPLACE THE THRESHOLD STANDARDS AND GROWTH MANAGEMENT OVERSIGHT COMMITTEE POLICY, AND THE GROWTH MANAGEMENTPROGRAM DOCUMENT Notice of the heanng was given in accordance with legal requirements, and the heanng was held on the date and no ear6er than the 6me speci6ed in the notice The pub6c heanng was previousty opened at the City Council meeting ol November 18, 2014. Plannmg Manager Batchelder and Associate Planner Vander Bie disMbuted a document wilh additional edds to the proposed ordinance, descnbed each ol the edds, and responded to queshons from the Counal At the request o( Councilmember Bensoussan, there was consensus o/ the Councd to �eplace the word "should" wdh "can" m vanous portions of Section 19.09.040, under the Implementation Measures, in relation fo the City Council schedu6ng and holding pub6c heanngs when threshold standards are not being met There being no members of the public who wished to speak, Mayor Salas closed the public hearing. ACTION: A motion was made by Deputy Mayor Bensoussan, seconded by Councilmember McCann, that the above ordinance be placed on first reading, as amended, heading read,text waived.The motion carried by the following vote: Yes: 3- Bensoussan,McCann and Miesen No: 2- Aguilar and Salas Abstain: 0 ACTION: A motion was made by Deputy Mayor Bensoussan, seconded by Councilmember McCann, that Resolution No. 2015-037 be adopted, heading read, text waived. The motion carried by the following vote: Yes: 5- Aguilar, Bensoussan, McCann, Miesen and Salas No: 0 Abstain: 0 C�ty o!Ch Wa Vsta Pag¢6 City Council Meeting Minutes-Final Fe6ruary 17,2015 10. 15-0003 CONSIDERATION OF WAIVING A MINOR MATHEMATICAL ERROR IN THE BID RECEIVED FOR THE "REPLACEMENT OF CURB AND GUTTER CITYWIDE FISCAL YEAR 2014/2015" (Continued from February 17, 2015) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING A MINOR MATHEMATICAL ERROR; ACCEPTING BIDS; AWARDING A CONTRACT FOR THE "REPLACEMENT OF CURB AND GUTTER CITYWIDE FISCAL YEAR 2014/2015, IN THE CITY OF CHULA VISTA, CALIFORNIA CIP#STL402" PROJECT TO JUST CONSTRUCTION, INC. IN THE AMOUNT OF S165,686.50; AND AUTHORIZING THE EXPENDITURE OF ALL AVAILABLE CONTINGENCY FUNDS IN AN AMOUNT NOT TO EXCEED 515,313.50 Notice o( the heanng was given in accordance with legal requirements, and the hea�ng was held on the date and no eadier than the time specified in the notice. Mayor Salas opened the public hearing. There being no members of the pub/ic who wished to speak, Ma}ror Salas closed the public hearing. A motion was made by Councilmember McCann, seconded by Deputy Ma}ror Bensoussaq to adopt the rasolution. Councdmember Agudar raquested the disclosu�e statement related fo fhe item. Counalmember McCann withd�ew his motion to adopt the 2solution. City Manager Halbert recommended that Items f0 and 72 be continued to the meeting of Maich 3, 2075, to allow sfaN to provide the Council wrth the disclosu2 statements lor the items Ma}ror Salas 2-opened the public heanng ACTION: A motion was made by Councilmember McCann, seconded by Councilmember Aguilar, that I[em 10 be conUnued to the meeting of March 3, 2015. The motion carried by the following vote: Yes: 5- Agwlar, Bensoussan, McCann,Miesen and Salas No: 0 Abstain: 0 Item 12 was taken out of order lollowing Ifem 70 Liry o/Chula Ysia Page 7 City Council Meeting Minutes-Final February 17,2015 12. 14-0636 CONSIDERATION OF APPROVING A DESIGNIBUILD AGREEMENT WITH WEST COAST GENERAL/CONDON JOHNSON, INC. CONSTRUCTION, AMENDING THE FISCAL YEAR 2014/2015 BUDGET, ESTABLISHING THE TELEGRAPH CANYON ROAD EROSION REPAIR PROJECT, AND APPROPRIATING $1,800,000 FROM THE GENERAL FUND RESERVES THEREFOR (Continued from February 17, 2015) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE DESIGN/BUILD AGREEMENT WITH WEST COAST GENERAL/CONDON JOHNSON, INC. CONSTRUCTION FOR THE DESIGN AND CONSTRUCTION OF A SECANT PILE WALL IN TELEGRAPH CANYON, AMENDING THE FISCAL YEAR 2014/2015 CIP BUDGET AND ESTABLISHING A NEW CAPITAL IMPROVEMENT PROJECT "TELEGRAPH CANYON ROAD EROSION REPAIR (DR199)"; AND APPROPRIATING $1,800,000 FROM THE GENERAL FUND RESERVES TO CIP DR199 (4/5 VOTE REQUIRED) ACTION: A motion was made by Councilmember McCann, seconded by Councilmember Aguilar, that Item 12 be continued to the meeting of March 3, 2015. The motion carried by the following vote: Yes: 5- Agmlar, Bensoussan, McCann, Miesen and Salas No: 0 AbsGin: 0 ACTION ITEMS 11. 15-0002 REPORT ON FISCAL YEAR 2014 STRATEGIC PLAN ACCOMPLISHMENTS Di�ector o/ Information and Technology Services Chew, PeAoRnance and Orc�an¢ational Development Manager Mdls, Posk Manager Enos-Guerre�o, and Assistant City Clerk Bigelow presented information on the item. Councilmembers provided feedback on the strategic plan Ifem 12 was taken out of order following Item 70. City Manage/s Reports were taken out o/order followmg Counalmembers'Comments. MAYOR'S REPORTS 13. 15-0023 COUNCIL DISCUSSION AND POSSIBLE ACTION REGARDING CHANGING THE TIME OF REGULAR CITY COUNCIL MEETINGS At the request o/ Mayor Salas, lhere was consensus of the Counal to request the City Attomey and City Clerk present an dem for Councd considerahon at [he meeting of March 3, 2015, that would change the start time o/regular City Council meehngs to 5 00 p m COUNCILMEMBERS' COMMENTS At the requesf of Deputy Mayor Bensoussaq [here was consensus o/ the Councd to request the C�ty Manager present an rtem at a future Council meetmg regarding reinstafing the City's Beautification Awards program City o/Chula Vste Page 8 City Council Meeting Minutes-Final February 17,2015 14. 15-0024 COUNCILMEMBER AGUILAR: CONSIDERATION OF THE FORMATION OF AN AD-HOC SUBCOMMITTEE WITH COUNCILMEMBERS AGUILAR AND McCANN FOR THE 2015 STARLIGHT PARADE ACTION: A motion vras made by Councilmember Aguilar, seconded by Mayor Salas, to form an ad-hoc subcommittee, consisting of Councilmembers Aguilar and McCann, which would commence on February 17, 2015 and disband following the parade on December 5, 2075, for the purpose of working with Ciry staff and community members to coordinate the 2015 Starlight Parede. The motion carried by the following vo[e: Yes: 5- Agwlar, Bensoussan, McCann, Miesen and Salas No: 0 Abstain: 0 At the raquest of Councilmember Aguilar, the2 was consensus o( the Council to 2quest fhe Gty Manager fo retum with a recommended policy regarding City sponsorship lor oommunity evenls. Counalmember McCann stated he was looking forward to working on the 2075 Stadight Parade subcommittee. Ne also spoke in suppoR of reinstituting the 8eaut�fication Awards. Councilmember McCann announced that February was National Cancer Prevention Month and provided in(ormation abouf fhe 2015 Relay for Life event. City Attomey 600gins announced that his o�ce was prepanng a Brown Act and etbics treining. He requested the Cify Cleik poll the Council for a date to hold the traming. City Managers Reports was taken out ot order following Councilmembers'Comments CITY MANAGER'S REPORTS There were none. CLOSED SESSION Items 15 and 16 we2 taken out o7 orde�following the Consent Ca/endar. ADJOURNMENT At 8�79p.m., Ma}ror Salas adjoumed fhe meefing to the Regular City Council Meefing on March 3, 2015, at 4:00 p.m., in the Council Chambers. /�; �� Kerry K. Bi� low, Ass�tant City Clerk Ciry o/Chula Ysfa Pzge 9