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HomeMy WebLinkAboutcc min 2007/02/06 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA February 6, 2007 4:00 P.M. A Regular Meeting of the City Council of the City of Chula Vista was called to order at 4:00 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Councilmembers: Castaneda, McCann, Ramirez, Rindone and Mayor Cox ABSENT: Councilmembers: None ALSO PRESENT: Interim City Manager Thomson, City Attorney Moore, City Clerk Bigelow, and Senior Deputy City Clerk Peoples PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY . PRESENTATION BY MAYOR COX OF A PROCLAMATION RECOGNIZING A DELEGATION OF VISITING FACULTY MEMBERS FROM THE HIGH SCHOOL ATTACHED TO NORTHEAST NORMAL UNIVERSITY, CHANGCHUN, PEOPLE'S REPUBLIC OF CHINA Mayor Cox read the proclamation, and Deputy Mayor Rindone presented it to Principal Hejuan Sun. . INTRODUCTION BY ASSISTANT CITY MANAGER/LIBRARY DIRECTOR PALMER, OF EMPLOYEE OF THE MONTH, JO ANN STORNIOLO, LIBRARY ASSOCIATE Assistant Library Director Brown-Peeling introduced Ms. Storniolo. Mayor Cox read the proclamation, and Councilmember McCann presented it to Ms. Storniolo. . PRESENTATION OF A DONATION TO THE CHULA VISTA PUBLIC LIBRARY FROM QUALCOMM, INC. BY SARAH SNAVELY AND ALLISON KELLY Sara Snavely, representing Qualcomm, Inc., presented a check in the amount of $15,000 to Councilmember Ramirez to cover the cost of a year's subscription to Tutor.com for the Chula Vista Public Library. . PRESENTATION BY MAYOR COX OF A PROCLAMATION TO CHRIS BOYD, CEO FOR SHARP CHULA VISTA MEDICAL CENTER, PROCLAIMING FEBRUARY 2007 AS "SMOKE-FREE SHARP CHULA VISTA MEDICAL CENTER - AMERICAN HEART MONTH IN THE CITY OF CHULA VISTA" SPECIAL ORDERS OF THE DAY (continued) Mayor Cox read the proclamation, and Councilmember Castaneda presented it to Chris Boyd, CEO for Sharp Chula Vista Medical Center. CONSENT CALENDAR (Items 1 through 11) Councilmember Castaneda stated he would abstain on Item 10 due to a conflict of interest. 1. APPROVAL OF MINUTES of the Regular Meeting of January 9, 2007, an Adjourned Regular Meeting of the City Council and Special Meeting of the Redevelopment Agency of January 9, 2007, and an Adjourned Regular Meeting of the City Council and Special Meeting of the Housing Authority of January 9, 2007. Staff recommendation: Council approve the minutes. 2. WRITTEN COMMUNICATIONS A. Memorandum from Deputy Mayor Rindone requesting an excused absence from the Chula Vista City Council/Port Commission Meeting of January 18,2007. Staff recommendation: Council excuse the absence. B. Letter ofresignation from Judy Schulenberg, member of the Nature Center Board of Trustees Staff recommendation: Council accept the resignation and direct the City Clerk to post the vacancy in accordance with Maddy Act requirements. 3. ORDINANCE NO. 3059, ORDINANCE OF THE CITY OF CHULA VISTA AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN COMMUNITY FACILITIES DISTRICT NO. 13M (OTAY RANCH VILLAGE TWO) (SECOND READING) Adoption of the ordinance authorizes the levy of a special tax within Community Facilities District No. 13M (Otay Ranch Village Two). This ordinance was introduced at the meeting of January 23, 2007. (City Engineer) Staff recommendation: Council adopt the ordinance. 4. HOUSING ELEMENT ANNUAL REPORT FOR FISCAL YEAR 2005-2006 The City is required by California Government Code to prepare an annual report on Housing Element progress. This report covers the 2005-2006 Fiscal Year. (Acting Community Development Director) Staff recommendation: Council accept the report. Page 2 - Council Minutes htto:llwww.chulavistaca.gov February 6, 2007 CONSENT CALENDAR (continued) 5. RESOLUTION NO. 2007-030, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING EXECUTION OF A COOPERATIVE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE COUNTY OF SAN DIEGO REGARDING PARTICIPATION IN THE SAN DIEGO REGIONAL MORTGAGE CREDIT CERTIFICATE PROGRAM Adoption of the agreement allows the City to participate in the San Diego Regional Mortgage Credit Certificate Program. (Acting Community Development Director) Staff recommendation: Council adopt the resolution. 6. RESOLUTION NO. 2007-031, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE CITY OF CHULA VISTA'S REPRESENTATIVE ON THE METRO COMMISSION TO VOTE IN SUPPORT OF OPTIONS THAT WILL ENABLE THE CITY OF SAN DIEGO TO BEST ADDRESS THE ISSUE OF SECONDARY W ASTEW A TER TREATMENT Adoption of the resolution authorizes the City's representative to vote in support of options that will enable the City of San Diego to best address the issue of secondary wastewater treatment. (City Engineer) Staff recommendation: Council adopt the resolution. 7. A. RESOLUTION NO. 2007-032, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING CALIFORNIA STATE FUNDS UNDER THE SAFE ROUTE TO SCHOOL PROGRAM IN THE AMOUNT OF $288,800 FOR THE "HARBORSIDE ELEMENTARY SCHOOL TRAFFIC CALMING PROJECT" B. RESOLUTION NO. 2007-033, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING A NEW CAPITAL IMPROVEMENT PROJECT "HARBORS IDE ELEMENTARY SCHOOL TRAFFIC CALMING" (TF- 347), AND APPROPRIATING FUNDS OF $288,800 IN STATE FUNDS, $40,000 IN TRAFFIC SIGNAL FUNDS FOR CITY'S COST SHARE, AND $10,000 IN DEVELOPER'S REMAINING FUNDS (4/5THS VOTE REQUIRED) Adoption of the resolutions accepts the SR2S grant program funds and authorizes the appropriation of funds to a new capital improvement project, "Harborside Elementary Traffic Calming" (TF-347). This project will install raised medians, flashing beacons, and other improvements to enhance pedestrian safety adjacent to Harborside Elementary. (City Engineer) Staff recommendation: Council adopt the resolutions. 8. RESOLUTION NO. 2007-034, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA RATIFYING CITY STAFF'S ACTION ON APPROVING A CHANGE ORDER WITH PORTILLO CONCRETE, INC. TO COMPLETE THE "SIDEWALK REPLACEMENT AT VARIOUS LOCATIONS, FISCAL YEAR 2006 (JY-065L)" PROJECT Page 3 - Council Minutes htto:! !www.chulavistaca..ov February 6, 2007 CONSENT CALENDAR (continued) Adoption of the resolution ratifies staffs action approving a change order that resulted from unforeseen circumstances, which caused an increase in quantities for the project beyond what was anticipated during the preparation of the project specifications. (General Services Director) Staff recommendation: Council adopt the resolution. 9. RESOLUTION NO. 2007-035, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2006-2007 ENERGY CONSERVATION FUND/SDG&E ENERGY PARTNERSHIP PROGRAM BUDGET TO APPROPRIATE $708,750 FROM THE SAN DIEGO GAS AND ELECTRIC PARTNERSHIP GRANT FOR VARIOUS CITY ENERGY EFFICIENCY PROJECTS AND AMENDING THE FISCAL YEAR 2007 CAPITAL IMPROVEMENT PROGRAM, ESTABLISHING A NEW CAPITAL IMPROVEMENT PROJECT, "CITY FACILITY ENERGY EFFICIENCY (GG-199)", AND APPROPRIATING GRANT FUNDS AS NECESSARY (4/5THS VOTE REQUIRED) The City Council approved a three-year grant agreement with San Diego Gas and Electric, which provides funding to the City for energy efficiency projects. Staff is requesting appropriation of calendar year 2006 and 2007 funding in the amount of $708,750. These funds will be used to retrofit and upgrade several City facilities with energy efficiency equipment and pay for related General Services' staff costs. (General Services Director/Public Works Director) Staff recommendation: Council adopt the resolution. 10. RESOLUTION NO. 2007-036, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND A WARDING CONTRACT FOR THE "SIDEWALK REPLACEMENT AT VARIOUS LOCATIONS WITHIN THE CITY OF CHULA VISTA, CALIFORNIA FISCAL YEAR 2007 (JY-065M)" PROJECT TO PETER'S CONCRETE COMPANY IN THE AMOUNT OF $82,833.50, AND AUTHORIZING THE EXPENDITURE OF ALL AVAILABLE CONTINGENCIES IN THE PROJECT On January 31, 2007, the Director of General Services received sealed bids for the project, which was included in the budget to remove and replace curbs, gutters, sidewalks, and driveways displaced by differential settling, tree roots, etc., on various City streets. Adoption of the resolution awards the bid to Peter's Concrete Company in the amount of$82,833.50. (General Services Director) Staff recommendation: Council adopt the resolution. 11.A. RESOLUTION NO. 2007-037, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND A WARDING CONTRACT FOR THE "CDBG SIDEWALK REMOVAL AND REPLACEMENT FISCAL YEAR 2006- 2007 AT VARIOUS LOCATIONS (STL-295)" PROJECT TO KOCH-ARMSTRONG GENERAL ENGINEERING INC. IN THE AMOUNT OF $154,169.30 AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO EXPEND ALL AVAILABLE CONTINGENCIES IN THE PROJECT Page 4 - Council Minutes htlp://www.chulav;staca.eov February 6, 2007 CONSENT CALENDAR (continued) B. RESOLUTION NO. 2007-038, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING INTER-PROJECT TRANSFERS FROM EXISTING CAPITAL IMPROVEMENT PROJECTS TO THE "CDBG SIDEWALK REMOVAL AND REPLACEMENT FISCAL YEAR 2006-2007 AT VARIOUS LOCATIONS (STL-295)" PROJECT (4/5THS VOTE REQUIRED) On January 31, 2007, the General Services Director received sealed bids for the project, which was included in the budget to remove and replace curbs, gutters, sidewalks, pedestrian ramps, cross gutter and driveways displaced by differential settling, tree roots, etc., on various City streets. Adoption of the resolution awards the bid to Koch- Armstong General Engineering Inc. in the amount of $154,169.30. (General Services Director) Staff recommendation: Council adopt the resolution. ACTION: Deputy Mayor Rindone moved to approve staffs recommendations and offered the Consent Calendar, headings read, texts waived. Councilmember McCann seconded the motion, and it carried 5-0, with the exception of Item 10, which carried 4-0-1 with Councilmember Castaneda abstaining. ITEMS REMOVED FROM THE CONSENT CALENDAR There were none. PUBLIC COMMENTS There were none. ACTION ITEMS 12. CONSIDERATION OF REPORT ON THE UPCOMING STATE LEGISLATIVE SESSION FROM ADVOCATION, INC. The City's advocate in Sacramento was asked to provide information on the recently convened state legislative session and obtain input from the City Council on legislative priorities for the coming year. (City Manager) Communications Manager Carnevale introduced Chuck Cole and Wes Lujane of Advocation, Inc. Mr. Cole presented the report and responded to questions of the Council. Deputy Mayor Rindone asked the consultant to work with Sharon Cooney at MTS to assist in regaining funds from the state and to protect transit-related revenues and resources. Ms. Carnevale stated that this item has been and will continue to be included in the program. In response to an inquiry by Councilmember Ramirez, Ms. Carnevale explained the process involving items going before the Council legislative subcommittee. Councilmember Ramirez asked that the subcommittee provide a report to the Council after its meetings so that Council members could be better prepared for discussion and direction when the legislative program is placed on the Council agenda. Page 5 - Council Minutes htto:l/www .chulavistaca. gOY February 6, 2007 ACTION ITEMS (Continued) Councilmember McCann expressed three areas of concern: obtaining the City's fair share of bond money for infrastructure, such as a bridge at I-80S and Sweetwater Road; the elimination of the must-run status at the South Bay Power Plant so that it can be taken down; and work at the state level to secure grant funding to bring a four-year university to the City. Mayor Cox asked that the 1-805/1-905 interchange be included when addressing funding concerns to the state. Communications Manager Carnevale stated that quarterly updates would be provided to the Council. ACTION: Councilmember Castaneda moved to accept the report. Councilmember McCann seconded the motion, and it carried 5-0. 13. CONSIDERATION OF A RESOLUTION APPROVING, IN CONCEPT, AN AGREEMENT FOR AN INDEPENDENT FINANCIAL REVIEW CONSULTANT, AND THE TRANSFER OF FUNDS THEREFOR, AND AUTHORIZING THE CITY MANAGER TO PROCEED WITH NEGOTIATIONS, ACCORDINGLY Adoption of the resolution arnends the Fiscal Year 2006-2007 City Council budget by transferring a not-to-exceed cost of $40,000 from the personnel category to the supplies and services category to provide the funding for an independent financial review, approves in concept an agreement to retain Economic & Planning Systems (EPS) for the financial review, and authorizes the City Manager to proceed with negotiations with EPS. (Independent Financial Review Council Subcommittee - Mayor Cox and Councilmember Castaneda) Mayor Cox provided a brief overview of the staff report on behalf of the Council's independent financial review subcommittee, comprised of herself and Councilmember Castaneda. Deputy Mayor Rindone spoke in support of the recommended action and requested consideration of adding an eighth task to examine the appropriate size of reserves for Chula Vista. Mayor Cox suggested the task be included as part of the "Desired results, bullet two" component. ACTION: Mayor Cox moved to adopt Resolution No. 2007-039, heading read, text waived: RESOLUTION NO. 2007-039, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2006-2007 CITY COUNCIL BUDGET IN ACCORDANCE WITH THE BUDGET TRANSFER POLICY, APPROVING, IN CONCEPT THE SELECTION OF ECONOMIC & PLANNING SYSTEMS (EPS) AS THE CONSULTANT TO PERFORM AN INDEPENDENT FINANCIAL REVIEW OF THE CITY OF CHULA VISTA, AND DIRECTING THE CITY MANAGER TO PROCEED WITH CONTRACT NEGOTIATIONS Councilmember Castaneda seconded the motion, and it carried 5-0. Page 6 - Council Minutes htto:! /www.chulavistaca.IWV February 6, 2007 OTHER BUSINESS 14. CITY MANAGER'S REPORTS There were none. 15. MAYOR'S REPORTS A. Report from the CVRC Subcommittee: The Subcommittee recommends referring to the CVRC consideration of removal of all City Council members from the CVRC board. Mayor Cox provided an overview of the CVRC subcommittee report. The following people spoke in support of the subcommittee recommendation: Charles Moore Lisa Cohen, CEO of the Chula Vista Chamber of Commerce Lisa Johnson, Chula Vista resident, Director of the Chula Vista Chamber of Commerce and member ofthe RAC Jack Stanley, Chula Vista resident, spoke in opposition to the recommendation, citing concerns with lack of accountability and guidance from the elected officials. Councilmember Ramirez requested that a report or memo be provided to the Council after the subcommittee meets in order to give the rest of the Council time to formulate questions and respond to recommendations prior to the item being placed on the agenda. Additionally, he cited the need to address the other side of the issue and how accountability would be provided to the residents. Councilmember Ramirez then referred to a memorandum he had issued that proposed inserting leaders from community planning groups to provide checks and balances. He then requested that the RAC be provided an opportunity to review and comment on the proposal, and reiterated the need for the process to be as public as possible in order to reestablish public trust. ACTION: Mayor Cox moved to refer the consideration of removing Councilmembers from the CVRC Board to the CVRC meeting of February 8, 2007, at 6:00 p.m. in the Council Chambers. Deputy Mayor Rindone seconded the motion, and it carried 5-0. B. Ratification of appointment of David Turner to the Board of Appeals and Advisors. ACTION: Mayor Cox moved to ratify the appointment of David Turner to the Board of Appeals and Advisors. Deputy Mayor Rindone seconded the motion, and it carried 5-0. C. Ratification of appointment of Ann Tucker to the Commission on Aging. ACTION: Mayor Cox moved to ratify the appointment of Ann Tucker to the Commission on Aging. Councilmember McCann seconded the motion, and it carried 5-0. Page 7 - Council Minutes htto:! !www.chulavistaca.gov February 6, 2007 OTHER BUSINESS (Continued) D. Ratification of appointment of Jesse Navarro to the Safety Commission. ACTION: Mayor Cox moved to ratifY the appointment of Jesse Navarro to the Safety Commission. Councilmember Ramirez seconded the motion, and it carried 5-0. 16. COUNCIL COMMENTS Councilmember Castaneda reported that he attended a California Child Obesity conference in January as the City's representative on the Healthy Eating/Active Community (HEAC) board. He said he was also asked to represent the City and speak at the Active Living Research Center conference on February 22nd in Coronado, because Chula Vista is recognized as being in the forefront of looking into health issues. Councilmember Rindone asked staff to review the process of reporting vehicles stolen from the auto park. He asked for the report by next Tuesday and that it include what is occurring and what staff recommends be done to make responses to these incidents a top priority. Councilmember McCann congratulated the Chula Vista Chamber of Commerce on its recent installation dinner, which showcased the Eastlake Design Center. He also thanked the Fire Department for hosting the Fire Station 8 grand opening celebration. Councilmember Ramirez stated he had met with Mr. Fabiani of the San Diego Chargers and toured their facility. Additionally, he stated that he held his first open-office hour at the South Chula Vista Library on Monday, and he believed it to be a good public service. A. Councilmember Ramirez: Consideration of support of the appointment of Councilmember Castaneda to the California Coastal Commission. Councilmember Ramirez requested support of the appointment of Councilmember Castaneda to the California Coastal Commission. Mark Croshier, Chula Vista resident, reported that he had filed a complaint with the Ethics Commission on a matter involving Councilmember Castaneda. He understood that the complaint was referred to the District Attorney and the Fair Political Practices Commission, and had yet to be resolved. He suggested that the Council consider this prior to making a decision to support the Councilman. Teresa Accero, President of the Southwest Chula Vista Civic Association, stated that she had been directed by her Board to provide a letter of support for the appointment of Councilmember Castaneda to the California Coastal Commission. Mayor Cox asked if Councilmember Ramirez was requesting individual letters of support from Councilmembers or a letter sent on behalf of the entire Council. Councilmember Ramirez responded that he was requesting staff to prepare a letter from the entire Council. Page 8 - Council Minutes http://www.chulavistaca.!!ov February 6, 2007 OTHER BUSINESS (Continued) ACTION: Councilmember Ramirez moved to direct staff to draft a letter on behalf of the entire City Council in support of the appointment of Councilmember Castaneda to the California Coastal Commission. Mayor Cox stated that she had made prior comments in support of San Diego Councilmember Hueso, and would therefore abstain on the vote. Councilmember McCann seconded the motion, and it carried 4-0-1, with Mayor Cox abstaining. At 5:46 p.m. Mayor Cox recessed the meeting to Closed Session for one case only. CLOSED SESSION 17. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b) . Three cases Two cases were not heard, and there was no reportable action on the one case that was discussed. ADJOURNMENT At 7:45 p.m. Mayor Cox adjourned the meeting to the regular meeting of February 13, 2007 at 6:00 p.m. in the Council Chambers. d~~r~ Lori Anne Peoples, MMC, Senior Deputy City Clerk Page 9 - Council Minutes htto ://www.chula vistaca. ~ov February 6, 2007