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HomeMy WebLinkAbout2009/06/09 Item 1 DRAFT MINUTES OF AN ADJOURNED REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA January 24, 2009 9:00 A.M. (8:45 a.m. boarding of bllS in parking lot outside of Council Chambers) An Adjourned Regular meeting of the City Council of the City of Chula Vista was called to order at 9:05 a.m. outside of the Council Chambers, City Hall, 276 Fourth Avenue, Chula Vista, California. . ROLL CALL: PRESENT: Councilmembers Bensoussan, Castaneda, McCann, Ramirez, and Mayor Cox ABSENT: None ALSO PRESENT: City Manager Sandoval, City Attorney Miesfeld, Public Works Director Hopkins, Planning Director Halbert, and Communications Director Pursell and Chula Vista Redevelopment Corporation Members Reyes and Munoz CITY TOUR 1. TOUR OF EXISTING AND POTENTIAL FUTURE DEVELOPMENT SITES, KEY PROJECTS AND SOME PROPOSED ECONOMIC STIMULUS LOCATIONS THROUGHOUT THE CITY The tour included visits to the following site locations: Sudbury property/National City Palomar Gateway Los Vecinos (affordable housing) Fire station relocation, Orange Avenue Main Street Infrastructure Auto Park dealerships - Nissan, South Bay Motor Sports Bud Rapid Transit Parking, Palomar Villages of Heritage, Countryside, Hillsborough Little Lake Street (effects of foreclosure ordinance) Deputy Mayor McCann left the tour at 11:00 a.m. At 12:30 p.m., Mayor Cox adjourned the meeting. Eastern Urban Center - University High Tech High The Landings (affordable housing) The Marketplace - Design Center, Village Walk Rancho Del Rey Library site Rice Canyon (fire issues) Infrastructure - Rohr Manor, Willow Street Bridge Old Pier I building Third Avenue Streetscape Plan ~._.~. Lorraine Bennett, CMC, Deputy City Clerk Iii -I DRAFT MINUTES OF A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA January 26, 2009 5:00 P.M. A Special Meeting of the City Council of the City ofChula Vista was called to order at 5:01 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Councilmembers Bensoussan, Castaneda, McCann, Ramirez, and Mayor Cox ABSENT: None ALSO PRESENT: City Manager Sandoval, Assistant City Manager Tulloch, City Attorney Miesfeld CLOSED SESSION 1. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE 54957.6 Agency designated representatives: Jim Sandoval, Scott Tulloch, Marcia Raskin, Bart Miesfeld, Rod Betts, Maria Kachadoorian, Leah Browder Employee organizations: CVEA, lAFF, POA, WCE, Mid-Management, Professional and Umepresented Groups ACTION: Councilmember Castaneda moved to direct slaffto sign Side Letter of Agreement with the Police Officers Association. Councilmember Ramirez seconded the motion and it carried 5-0. ADJOURNMENT At 5:25 p.m., Mayor Cox adjourned the meeting. ~. ~:e Bennett, CMC. Deputy City Clerk /~::--: I~-I DRAFT MINUTES OF A SPECIAL MEETING OF THE CITY COUNCIL AND REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA January 27, 2009 5:00 P.M. A Special Meeting of the City Council and the Redevelopment Agency of the City of Chula Vista was called to order at 5:00 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL PRESENT: Council/Agency Members Bensoussan, McCann, Ramirez, and Mayor Cox ABSENT: Council/AgeI)cy Member Castaneda ALSO PRESENT: City ManagerlExecutive Director Sandoval, Assistant City Manager Tulloch, City Attorney/General Counsel Miesfeld, Director of Conservation and Environmental Services Meacham, and Deputy City Attorney Maland CLOSED SESSION 1. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE 54957.6 . Agency designated representatives: Jim Sandoval, Scott Tulloch, Marcia Raskin, Bart Miesfeld, Rod Betts, Maria Kachadoorian, Leah Browder Employee organizations: CVEA, IAFF, POA, WCE, Mid-Management, Professional and Unrepresented Groups ACTION: Council/Agency Member McCann moved to approve changes to the Side Letter of Agreement with IAFF. Council/Agency Member Ramirez seconded the motion and it carried 4-0. ADJOURNMENT At 5:34 p.m., Mayor/Chair Cox adjourned the meeting. -- Z- ~- .-?--.--- ~- . """'-Lorraine Bennett, CMC, Deputy City Clerk / Page 1 - CounciVRDA Closed Session Minutes January 27, 2009 Ie -I DRAFT MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL AND A SPECIAL MEETING OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA January 27, 2009 6:00 P.M. A Regular Meeting of the City Council and a Special Meeting of the Redevelopment Agency of the City ofChula Vista was called to order at 6:00 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Council/Agency Members Bensoussan (arrived at 6:01 p.m.), Castaneda (arrived at 6:41 p.m.), McCann, Ramirez, and Mayor Cox ABSENT: None ALSO PRESENT: City Manager/Executive Director Sandoval, City Attorney/General Counsel Miesfeld, City Clerk Norris, and Deputy City Clerk Belmett PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY PRESENTATION BY JENNETTE LAWRENCE. DIRECTOR OF GOVERNMENT & COMMUNITY RELA nONS, F AMIL Y HEALTH CENTERS OF SAN DIEGO, TO LOU EL-KHAZEN AND SCOTT HARRIS OF THE CHULA VISTA PLANNING & BUILDING DEPARTMENT FOR THEIR WORK ON THE CHULA VISTA FAMILY 'HEALTH CENTER TENANT IMPROVEMENT PROJECT Jennette Lawrence thanked City staff for their work on the project, in particular Scott Harris and Lou EI-Khazen. Mayor Cox armounced that Item 12A would be taken out of order and discussed at this time. 12. COUNCIL/AGENCY MEMBERS' COMMENTS A. Deputy Mayor McCarm - Presentation of Certificates of Recognition to Coach Clark Moses and the Eastlake Panthers Mighty Mite Black Team for their Win at the American Youth Football National Championship. Deputy Mayor McCarm recognized the Eastlake Panthers Mighty Mite Black Team for their win at the American Youth Football National Championship. Coach Clark Moses thanked the Council for acknowledging the team, introduced the coaching staff, and spoke about the team's achievements this past season. Deputy Mayor McCarm then presented the students and coaches with Certificates of Recognition. Page 1 - CouncillRDA Minutes January 27, 2009 1/)-1 DRAFT CONSENT CALENDAR (Items 1-6) 1. WRITTEN COMMUNICATIONS Letter of resignation from Tim Jones, Growth Management Oversight Commission (Business Representative) Staff recommendation: Council accept the resignation and direct the City Clerk to post the vacancy in accordance with Maddy Act requirements. 2. APPROVAL OF MINUTES of November 4 and November 17,2008. Staff recommendation: Council approve the minutes. 3. RESOLUTION NO. 2009-013, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING THE CONTRACT FOR THE "SIDEWALK REPLACEMENT AT VARIOUS LOCATIONS IN THE CITY OF CHULA VISTA, CALIFORNIA FISCAL YEAR 2008/2009 JY0650" PROJECT TO OLYMPIC ENGINEERING CONSTRUCTION IN THE AMOUNT OF $49,886.25, WAIVING COUNCIL POLICY 574-01, AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO EXPEND ALL AVAILABLE FUNDS FOR THE PROJECT On December 24, 2008, the City received sealed bids for this project. The project 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. (City EngineerIPublic Works Director) Staff recommendation: Council adopt the resolution. 4. RESOLUTION NO. 2009-014, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE CONSULTANT SELECTION PROCESS AND APPROVING AN AMENDMENT TO THE EXISTING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND SIMON WONG ENGINEERING INC., FOR THE WILLOW STREET BRIDGE PROJECT In 2005, the Council approved an agreement with Simon Wong Engineering Inc. in the amount of $1,181,891 for environmental and engineering services required for the rehabilitation or replacement of the Willow Street Bridge. In accordance with required Caltrans procedures, an analysis was conducted to determine the feasibility of a bridge replacement versus a bridge rehabilitation. The analysis determined that a bridge replacement was the preferred strategy and rehabilitation would not be cost effective. As a result, additional environmental and engineering services are required in order to complete design for the new bridge. (City EngineerIPublic Works Director) Staff recommendation: Council adopt the resolution. Page 2 - CounciVRDA Minutes January 27.2009 I '0-).., DRAFT CONSENT CALENDAR (continued) 5. RESOLUTION NO. 2009-015, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2008/2009 BUDGET AND APPROPRIATING A TOTAL OF $18,853.30 FROM THE AVAILABLE FUND BALANCE TO REIMBURSE HERMES ZUAZO (4/5THS VOTE REQUIRED) Mr. Zuazo has paid fees to satisfy certain permit fees for Building Permit Number BR06- 0007, associated with his property located at 142 Third Avenue. Mr. Zuazo is now requesting a refund of said fees. (City EngineerlPublic Works Director) Staff recommendation: Council adopt the resolution. 6. A. RESOLUTION NO. 2009-016, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AMENDMENT AND REINSTATEMENT OF THE JANUARY 21, 2003 AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE BOYS AND GIRLS CLUB OF CHULA VISTA FOR THE LEASE AND OPERATION OF A SKATE PARK AT GREG ROGERS PARK B. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 2.66. SECTION 2.66.255 TO ALLOW BMX BICYCLE USAGE AT THE LEN MOORE SKATE PARK (FIRST READING) The Len Moore Skate Park is operated under an existing agreement with the Boys & Girls Club of Chula Vista. Since beginning operations in 2003, the use of bicycles at the facility has been prohibited and proscribed by City Ordinance. In the time since the opening of the skate park, interest and demand for BMX bicycle access has increased. Experience elsewhere in California and the U.S. has shown that the originally feared negative consequences of bicycle use were without foundation. No significant increase in physical damage or personal injury has occurred where bicycle use is permitted. The proposed amendments will allow BMX bicycle use at Len Moore Skate Park specifically and the ban would remain in force at all other City facilities. (Public Works Director/Recreation Director) Stall recommendation: Council adopt the resolution and hold first reading of the ordinance. ACTION: Deputy Mayor McCann moved to approve staffs recommendations and offered the Consent Calendar, (Items 1 through 6), headings read, text waived. Councilmember Ramirez seconded the motion and it carried 4-0, with Councilmember Castaneda absent. ITEMS REMOVED FROM THE CONSENT CALENDAR There were none. Page 3 - CouncilJRDA Minutes January 27, 2009 /D-3 DRAFT PUBLIC COMMENTS Clara Schaeffer, Chula Vista resident, spoke in support of retaining the DASH program. Ed Herrera, Chula Vista resident, representing the Southwest Chula Vista Civic Association, spoke in opposition to the proposed local sales tax increase. Bridget Barahura, Chula Vista resident, spoke in support of retaining the DASH program, with a suggestion that the City implement a $20-$25 weekly fee per student. Michael Barahura, Chula Vista resident, spoke in support of retaining the DASH program. Steven Pavka, Chula Vista resident, spoke against the City's towing fees. Pricilla Balbuena, Chula Vista resident, spoke in support of retaining the STRETCH program, and of continuing to run the program through the City's Library Division. Lavar Watkins, Chula Vista resident, spoke in support of retaining the STRETCH and DASH programs. Theresa Acerro, Chula Vista resident, representing the Southwest Chula Vista Civic Association, spoke in opposition to the MMC peaker power plant and its proposed location. Rich Redmond, Chula Vista resident, spoke in support of the DASH program. Carlos Lopez, Chula Vista resident, representing Communities Taking Action, spoke III opposition to the MMC peaker power plant. Cynthia Morales, Chula Vista resident, spoke in support of the STRETCH program. Phil Collum, San Diego resident, representing Chula Vista Police Officers Association, announced that the Chula Vista Police Officers had agreed to forgo salary increases for the current and next fiscal year, resulting in over $1.3 million in savings to the City. He spoke in opposition to the proposed cuts to the Department's K-9 program, Drug Enforcement, and the Proactive Gang Enforcement Unit. He also talked about local impacts of the proposed sex offender and registrant enforcement program cuts by the State. Hugo Ivan Salazar, Chula Vista resident, representing Communities Taking Action, suggested that Council write a letter to the California Energy Commission indicating its support to seek an alternative location for the power plant. Celia Benchekroun, Chula Vista resident, did not speak but submitted a speaker card in support of retaining the DASH program. Page 4 - CounciVRDA Minutes January 27, 2009 (b-L/- DRAFT PUBLIC HEARINGS 7. CONSIDERATION OF APPEAL OF CONDITIONAL USE PERMIT (PCC-08-020) OPERATION OF A REPLANET RECYCLING REDEMPTION CENTER AT 1315 THIRD A VENUE The applicant is appealing the Chula Vista Redevelopment Corporation decision denying a conditional use permit for a small recycling redemption center located at the Sav-A-Lot parking lot, 1315 Third Avenue. (Deputy City Manager/Development Services Director) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AFFIRMING THE CHULA VISTA REDEVELOPMENT CORPORATION'S ACTION DENYING CONDITIONAL USE PERMIT (PCC-08-020), TO OPERATE A SMALL REPLANET RECYCLING BUY BACK CENTER LOCATED AT 1315 THIRD AVENUE IN THE CITY OF CHULA VISTA 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, and announced that the item would be continued to the Council meeting of March 3, 2009, and public comments on the item would be heard at that time. ACTION ITEMS 8. CONSIDERATION FOR SUPPORT OF EXTENSION OF THE CALIFORNIA HIGH SPEED RAIL TO THE SOUTH BAY REGION Established in 1996, the California High-Speed Rail Authority (Authority) is the state entity responsible for planning, constructing and operating a High-Speed Train (HST) system serving California's major metropolitan areas. With the certification of the Statewide Final Program-Level Environmental Impact Report (EIR)/Environmental Impact Statement (EIS), the Authority has begun implementation of the 800-mile high- speed train system serving Sacramento, the San Francisco Bay Area, the Central Valley, Los Angeles, the Inland Empire, Orange County and San Diego. The HST alignment presently being studied terminates at the Santa Fe train station in downtown San Diego. The City would like to pursue studying extending the alignment of the HST into the South Bay. Deputy Mayor McCann introduced the item, and then introduced Cindy Gompper-Graves, representing the South County Economic Development Commission, who spoke in support of the California high speed rail extension and about its economic benefits for the South County. Public Works Director Hopkins stated that, with Council's support, staff would continue to work on the proj ecl. Page 5 - CounciVRDA Minutes January 27, 2009 ID-.5""" DRAFT ACTION ITEMS (continued) Councilmember Ramirez suggested an amendment to the proposed resolution to add the word, "border" as the destination point for the proposed rail system. ACTION: Deputy Mayor McCann moved to adopt the following Resolution No. 2009-017 as amended to add the words, "AND CONNECT TO THE Us. BORDER: ", to the end of the resolution title, heading read, text waived: RESOLUTION NO. 2009-017, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA SUPPORTING THE EXTENSION OF THE CALIFORNIA HIGH SPEED RAIL AUTHORITY (CHSRA) HIGH SPEED TRAIN ALIGNMENT, SOUTH OF THE SANTA FE STATION IN SAN DIEGO TO THE SOUTH BAY REGION AND CONNECT TO THE UNITED STATES BORDER Councilmember Bensoussan seconded the motion and it carried 5-0. Joint Council and Redevelopment Agency Item 9. CONSIDERATION OF AUDITED FINANCIAL STATEMENTS FOR FISCAL YEAR ENDED JUNE 30, 2008 Presented for City Council and Redevelopment Agency information and acceptance are the Audited Financial Statements for the fiscal year ended June 30, 2008, as prepared by the independent audit form of Macias, Gini and O'Connell, LLP. The audit reports submitted for the City and Agency have received unqualified (clean) opinions from the independent audit firm. Finance Director/Agency Treasurer Kachadoorian presented the audited financial statements for fiscal year ended June 30, 2008. She then introduced Kathryn Beseau, representing the auditing firm of Macias, Gini and O'Connell, LLP, who presented the audited financial statements for the City and Redevelopment Agency. ACTION: Mayor/Chair Cox moved to accept the Fiscal Year 2007-2008 Financial Statements. Councilmember Castaneda seconded the motion and it carried 5-0. OTHER BUSINESS 10. CITY MANAGER/EXECUTIVE DIRECTOR'S REPORTS There were none. 11. MA YOR/CHAIR'S REPORTS Ratification of the appointment of Steven Lizarraga to the Grov.'!h Management Oversight Commission. ACTION: Mayor Cox moved to ratify the appointment of Steven Lizarraga to the Growth Management Oversight Commission. Councilmember Castaneda seconded the motion and it carried 5-0. Page 6 - CouncillRDA Minutes January 27. 2009 ID-(" DR.i\FT MAYOR/CHAIR'S REPORTS (continued) Mayor/Chair Cox announced that the Council Meeting would adjourn in memory of the City's Procurement Specialist Jay Harris who recently died in an accident. She extended her condolences to Jay's family and co-workers. Mayor/Chair Cox gave an update on the State budget, and provided information about a proposal for a seven month deferral by the State for highway users' tax accounts, resulting in the anticipated loss of half of a million dollars for the City. Additionally., the State was also planning on deferring Proposition 42 Transportation Revenue, paid quarterly to cities and counties from sales taxes on gasoline. She also stated there was a proposed two-month delay on mandated claims. Additionally, she announced that major freeway construction projects were in jeopardy should the State elect not to pay people over the next two weeks. To that end, she announced that through a partnership between CALTRANS and SANDAG, attempts would be made to rescue at least two local projects, State Highway 52 and the continued construction of Interstate-905. She then commented on her recent discussions with County Supervisor Cox regarding a recommendation for a countywide assessment district where constituents could voluntarily identify solar panel modifications on their property taxes. 12. COUNCIL/AGENCY MEMBERS' COMMENTS A. This item was taken out of order and addressed under Special Orders of the Day. B. Report by the Council Energy Subcommittee (Councilmembers Bensoussan and Castaneda) on the Regional Water Quality Control Board February II, 2009 Public Hearing regarding the South Bay Power Plant NPDES Permit. Councilmember Castaneda spoke about the recent Council Energy Subcommittee meeting, and reported that the South Bay Power Plant had requested to pull its permit to look at more comprehensive ways of updating and amending its methods of water discharge into the bay. He stated that the Energy Subcommittee would be continuing discussions on the status of the south bay power plant, with community updates on the process. Councilmember Bensoussan announced that the next Energy Subcommittee meeting was tentatively scheduled for February 23, 2009 at 3:00 p.m. Deputy Mayor McCann stated that he would be interested in the outcome of a countywide assessment district for solar panels. He again thanked Mighty Mite Coach Clark Moses, and congratulated all who were involved with the team's championship win. Councilmember Castaneda thanked the Police Officers Association on behalf of the constituents, for forgoing its pay raises in an effort to bridge the budget deficit gap. He gave his condolences to the family of Jay Harris. He also extended his condolences to former employee Flora Aristegui, on the recent passing of her son in an accident. Page 7 - CounciVRDA Minutes January 27, 2009 /D-7 DRAFT COUNCIL/AGENCY MEMBER'S COMMENTS (Continued) Councilmember Ramirez thanked the Police Officers Association for stepping up and assisting with City's financial challenges and he looked forward to working with the association to seek long-term solutions to the City's financial situation. He offered his condolences to the families and co-workers of Jay Harris and Flora Aristegui. He requested that City Manager Sandoval pay special attention to targeting staff resources that would position the City well to capture funding from the anticipated government stimulus package for capital improvement projects. CLOSED SESSION Mayor Cox announced that the following Closed Session items had been taken out of order and heard during a Special Meeting that began at 5:00 p.m: 13. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) . City ofChula Vista v. Marie E. Gutierrez, San Diego Superior Court, Case No. 37-2008- 00074648-CU-PT-SC; Terri Loretz v. City ofChula Vista, San Diego Superior Court Case No. GIS28491; Court of Appeal, Fourth Appellate District, Case No. D051623. ACTION: Councilmember Ramirez moved to authorize the City Attorney to continue retaining the legal services of Linda Bartz. Mayor Cox seconded the motion and it carried 4-0, with Councilmember Castaneda absent. 14. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b) One Case No reportable action was taken on this item. 15. CONFERENCE WITH LEGAL COUNSEL REGARDING INITIATION OF LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(c) One Case No reportable action was taken on this item. 16. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE 54957.6 Agency designated representatives: Jim Sandoval, Scott Tulloch, Marcia Raskin, Bart Miesfeld, Rod Betts, Maria Kachadoorian, Leah Browder Employee organizations: CVEA, IAFF, POA, WCE, Mid-Management, Professional and Umepresented Groups This item was discussed earlier, during Closed Session at the Special Meeting that began at 5 :00 p.m. Page 8 - CounciVRDA Minutes ID-8 January 27, 2009 . DRAFT ADJOURi'lMENT At 7:37 p.m., Chair/Mayor Cox adjourned the meeting in honor of Jay Harris, to the Regular Meeting of February 3, 2009 at 4:00 p.m. in the Council Chambers. --/ ~. "",-'. .:,;-"-----...------------.... - -. ~ Lorraine Bennett, CMC, Deputy City Clerk Page 9 - COllTIcillRDA Minutes ID~'l January 27, 2009 DRAFT MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA February 3, 2009 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 Bensoussan, Castaneda, McCann, Ramirez, and Mayor Cox ABSENT: None ALSO PRESENT: City Manager Sandoval, City Attorney Miesfeld, City Clerk Norris, and Deputy City Clerk Bennett PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY OATH OF OFFICE Steven Lizarraga to the Growth Management Oversight Commission City Clerk Norris administered the oath of office to Steven Lizarraga, and Deputy Mayor McCann presented him with a certificate of appointment. . INTRODUCTION BY DEPUTY CITY MANAGER/LIBRARY DIRECTOR LEAH BROWDER OF EMPLOYEE OF THE MONTH, ERNESTO BARROS, LIBRARIAN II Deputy City Manager/Library Director Browder recognized and introduced employee of the month, Ernesto Barros. Mayor Cox then read the proclamation and CounciImember Castaneda presented it to Ernesto. . INTRODUCTION BY DEPUTY CITY MANAGER/LIBRARY DIRECTOR LEAH BROWDER AND PUBLIC RELATIONS AND PROGRAMMING MANAGER SCOTT LOVE OF THE 5 WINNERS OF THE LIBRARY CARD DESIGN CONTEST: SAMANTHA SINKS, ALEJANDRA RAMIREZ, GRETCHEN KASLER, ANTONIO MARTIN DEL CAMPO, JR., AND NICOLE BELLA AND PRESENTATION OF AWARDS Deputy City Manager/Library Director Browder thanked the community for participating in the contest, and she recognized Public Relations and Programming Manager Scott Love for his leadership with the contest. Mr. Love presented an overview of the Library Card Design Contest. He then introduced each of the library card design winners, Samantha Sinks, Alejandra Ramirez, Gretchen Kasler, Antonio Martin Del Campo, Jr., and Nicole Bella, who each received a certificate ofrecognition. Page I ~ Council Minutes February 3, 2009 ;.e-I DRAFT SPECIAL ORDERS OF THE DAY (continued) PRESENTATION BY MAYOR COX OF A PROCLAMATION TO DEBI SCHWARZ, REPRESENTING GOODRICH AEROSTRUCTURES EMPLOYEES, RECOGNIZING THEIR CONTRIBUTIONS TO THE CHULA VISTA CARES PROGRAM Mayor Cox read the proclamation and Councilmember Ramirez presented it to Debi Schwarz. CONSENT CALENDAR (Items 1- 5) Item 5 was removed from the Consent Calendar for discussion at the request of the public. 1. APPROVAL OF MINUTES of November 18 and 24,2008. Staff recommendation: Council approve the minutes. 2. ORDINANCE NO. 3124, ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 2.66, SECTION 2.66255 OF THE CHULA VISTA MUNICIPAL CODE TO ALLOW BMX BICYCLE USAGE AT THE LEN MOORE SKATE PARK (SECOND READING AND ADOPTION) Adoption of the ordinance amends the Chula Vista Municipal Code to allow BMX bicycle use at Len Moore Skate Park. This ordinance was introduced on January 27, 2009. (Public Works DirectorlRecreation Director) Staff recommendation: Council adopt the ordinance. 3. RESOLUTION NO. 2009-018, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN SOUTH BAY COMMUNITY SERVICES AND THE CITY OF CHULA VISTA FOR THE PROVISION OF FAIR HOUSING AND TENANT-LANDLORD DISPUTE SERVICES AND AUTHORIZING THE PURCHASING AGENT TO EXECUTE THE AMENDMENT AND THREE ONE- YEAR OPTIONS TO EXTEND THE AGREEMENT The City ofChula Vista solicited proposals for the provision of Fair Housing and Tenant- Landlord Dispute Services through a Request for Proposal process. South Bay Community Services, the proposed Program Administrator, has a local presence and is currently contracted with the County of San Diego as a sub-contractor for fair housing counseling. Adoption of the resolution approves the contract and an "Authorization Limit" up to $14,583 through June 2009, and authorizes the purchasing agent to execute three additional one-year options to extend in amounts not to exceed $35,000, $35,500, and $35,051, respectively, for a maximum authorized amount of $120,134. (Deputy City Manager/Development Services Director) Staff recommendation: Council adopt the resolution. Page - 2 Council Minutes February 3, 2009 /E-.)... DRA.FT 4. RESOLUTION NO. 2009-019, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CONDITIONALL Y APPROVING FINANCIAL ASSISTANCE, SUBJECT TO FUTURE APPROPRIATION FROM THE HOME INVESTMENT PARTNERSHIP (HOME) PROGRAM IN AN AMOUNT NOT-TO- EXCEED $2,400,000 TO CHELSEA INVESTMENT CORPORATION FOR THE DEVELOPMENT OF A 147 UNIT PROJECT FOR LOW INCOME HOUSEHOLDS, THE LANDINGS AT WINDING WALK-PHASE II, IN OTAY RANCH VILLAGE ELEVEN Under the Balanced Communities Policy of the City's General Plan Housing Element, Brookfield Shea Otay, LLC (master developer) has an affordable housing obligation to provide 207 total affordable units 192 low income and 115 moderate income) within the Winding Walk community. The 92 unit low income housing obligation has been satisfied. With the current economic climate and difficulty in obtaining tinancing, the master developer is proposing satisfaction of its moderate income obligation through the development of a second phase of low income housing. Staff recommends providing a pre-commitment of $2,400,000 from its federal HOME Investment Partnership Program funds to assist Chelsea Investment Corporation in obtaining affordable housing financing. (Deputy DirectorlDevelopment Services Director) Staff recommendation: Council adopt the resolution. 5. Item 5 was removed from the Consent Calendar. ACTION: Deputy Mayor McCann moved to approve staff's recommendations and offered Consent Calendar Items 1-4, headings read, text waived. Councilmember Ramirez seconded the motion and it carried 5-0. ITEMS REMOVED FROM THE CONSENT CALENDAR Councilmember Castaneda stated that he would be abstaining from voting on Item 5A, and Councilmember Ramirez stated he would be abstaining from voting on Item 5D, both due to the location of property they own. 5. A. RESOLUTION NO. 2009-020, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE FILING OF AN APPLICATION FOR SMART GROWTH INCENTIVE PROGRAM GRANT FUNDS THROUGH THE SAN DIEGO ASSOCIATION OF GOVERNMENTS FOR THE THIRD AVENUE STREETSCAPE MASTER PLAN IMPROVEMENTS, CONFIRMING IDENTIFIED LOCAL MATCH FUNDS FOR THE PROJECT, AND STATING THE CITY'S ASSURANCE TO COMPLETE THE PROJECT SHOULD GRANT FUNDING BE AWARDED B. RESOLUTION NO. 2009-021, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE FILING OF AN APPLICATION FOR SMART GROWTH INCENTIVE PROGRAM GRANT FUNDS THROUGH THE SAN DIEGO ASSOCIATION OF GOVERNMENTS FOR PALOMAR STREET PEDESTRIAN IMPROVEMENTS FROM THIRD AVENUE TO FOURTH AVENUE, CONFIRMING IDENTIFIED LOCAL MATCH FUNDS FOR THE PROJECT, AND STATING THE CITY'S ASSURANCE TO COMPLETE THE PROJECT SHOULD GRANT FUNDING BE A WARDED Page - 3 Council Minutes February 3, 2009 /E.-3 DRAFT ITEMS REMOVED FROM THE CONSENT CALENDAR (continued) C. RESOLUTION NO. 2009-022, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE FILING OF AN APPLICATION FOR SMART GROWTH INCENTIVE PROGRAM GRANT FUNDS THROUGH THE SAN DIEGO ASSOCIATION OF GOVERNMENTS FOR INDUSTRIAL BOULEVARD PEDESTRIAN IMPROVEMENTS FROM NAPLES STREET TO PALOMAR STREET, CONFIRMING IDENTIFIED LOCAL MATCH FUNDS FOR THE PROJECT, AND STATING THE CITY'S ASSURANCE TO COMPLETE THE PROJECT SHOULD GRANT FUNDING BE A WARDED D. RESOLUTION NO. 2009-023, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE FILING OF AN APPLICATION FOR SMART GROWTH INCENTIVE PROGRAM GRANT FUNDS THROUGH THE SAN DIEGO ASSOCIATION OF GOVERNMENTS FOR THE PALOMAR GATEWAY DISTRICT SPECIFIC PLAN, CONFIRMING IDENTIFIED LOCAL MATCH FUNDS FOR THE PROJECT, AND STATING THE CITY'S ASSURANCE TO COMPLETE THE PROJECT SHOULD GRANT FUNDING BE A WARDED E. RESOLUTION NO. 2009-024, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE FILING OF AN APPLICATION FOR SMART GROWTH INCENTIVE PROGRAM GRANT FUNDS THROUGH THE SAN DIEGO ASSOCIATION OF GOVERNMENTS FOR THE E STREET TRANSIT FOCUS AREA PRECISE PLAN AND IMPLEMENTATION STRATEGY, CONFIRMING THE IDENTIFIED LOCAL MATCH FUNDS FOR THE PROJECT, AND STATING THE CITY'S ASSURANCE TO COMPLETE THE PROJECT SHOULD GRANT FUNDING BE A WARDED F. RESOLUTION NO. 2009-025, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE FILING OF AN APPLICATION FOR SMART GROWTH INCENTIVE PROGRAM GRANT FUNDS THROUGH THE SAN DIEGO ASSOCIATION OF GOVERNMENTS FOR THE EASTERN URBAN CENTER TRANSIT OPTIMIZATION STUDY, CONFIRMING IDENTIFIED LOCAL MATCH FUNDS FOR THE PROJECT, AND STATING THE CITY'S ASSURANCE TO COMPLETE THE PROJECT SHOULD GRANT FUNDING BE AWARDED The San Diego Association of Governments (SANDAG) has announced available capital improvement and planning project grant funding for Fiscal Years 2009 and 2010 through its competitive TransNet Smart Growth Incentive Program. The call-far-projects and guidelines provide qualifying criteria and the grant application deadline is February 6, 2009. Considering the criteria, staff has proposed the submittal of a total of six grant applications; three for capital projects and three far planning projects. Adoption of the resolutions, approve submittal of the applications. (Deputy City Manager/Development Services Director) Staff recommendation: Council adopt the resolutions. Page - 4 Council Minutes February 3, 2009 IE ~'I DRAFT ITEMS REMOVED FROM THE CONSENT CALENDAR (continued) Theresa Acerro, Chula Vista resident, representing Southwest Chula Vista Civic Association, expressed concern with the City spending money during the budget crisis. She spoke in opposition to the City hiring any consultants for the project. Advanced Planning Manager Batchelder presented an overview of the proposed SANDAG Smart Growth Incentive Program proposed projects and the funding sources for each. ACTION: Deputy Mayor McCann moved to approve staffs recommendation on Item 5A and offered Resolution No. 2009-020, heading read, text waived. Councilmember Ramirez seconded the motion and it carried 4-0-1, with Councilmember Castaneda abstaining. ACTION: Deputy Mayor McCann moved to approve staffs recommendation on Items 5B, 5C, 5E, and 5F, and offered Resolution Nos. 2009-021,2009-022,2009-024, and 2009-025, headings read, text waived. Councilmember Ramirez seconded the motion and it carried 5-0. ACTION: Deputy Mayor McCann moved to approve staffs recommendation on Item 5D, and offered Resolution No. 2009-023, heading read, text waived. Councilmember Castaneda seconded the motion and it carried 4-0-1, with Councilmember Ramirez abstaining. PUBLIC COMMENTS Steve Eastis, Chula Vista resident, representing the Third A venue Village Association (T A V A), thanked the Council for its support of the recent installation event and Americans with Disabilities Act (ADA) workshop. He also thanked City staff for their work with the Third Avenue Streetscape design. He reminded the community of the weekly farmers market. Theresa Acerro, Chula Vista resident, representing the Southwest Chula Vista Civic Association, spoke in opposition to the MMC Peaker Power Plant. Imelda Hernandez, Chula Vista resident, spoke in support of retaining the STRETCH program; she stated that she was concerned that the program may be transferred to another provider. Councilmember Ramirez requested that staff provide a report to Council on the status and future of the STRETCH Program. Parks Pemberton, Chula Vista resident, stated that the condition of the City's roads was poor, and that the matter was becoming a safety issue. He suggested that someone in the City should be overseeing contractors working in the streets. He stated that the contractors need to be held accountable when they cut open and close the streets to ensure that the work is done properly. Page - 5 Council Minutes February 3. 2009 IE - 5"" DRAFT PUBLIC HEARING 6. CONSIDERATION OF INTENTION TO FORM ASSESSMENT DISTRICT 2008-1 (GLENHA VEN WAY) On December 16,2008 the City Council approved the Engineer's Report for the proposed Assessment District AD 2008-01 along Glenhaven Way. Council also set the time and place for this. public hearing and ordered the initiation of assessment balloting proceedings. (Public Works Director) 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. Real Property Manager Ryals presented an overview ofthe Glenhaven Way Assessment process. Deputy Mayor McCann suggested accelerating the program in order to take advantage of the current reduction in construction costs. He also asked staff to communicate with SDG&E on the status of undergrounding options for power lines in future assessment projects. Public Works Director Hopkins responded that although the City had a robust undergrounding program, precedence was given first to arterials, rather than residential, as set forth by criteria previously set by the Council. He stated that communication on the matter of undergrounding was ongoing between City staff and SDG&E. Mayor Cox opened the public hearing. Theresa Acerro, Chula Vista resident, representing the Southwest Chula Vista Civic Association, spoke in support of the project. She thanked the City for its work, and stated she was pleased to see reduced project costs. There being no further members of the public who wished to speak, Mayor Cox closed the public hearing, and directed the City Clerk to tabulate the final ballot count, and certify the election. Councilmember Ramirez suggested that in the future, projects should be prioritized according to the greatest benefit to the public, and that the City's portion of the funding should be based on the public benefits. Councilmember Bensoussan asked about public outreach as far as the process for formation of an assessment district. Public Works Director Hopkins responded that staff would provide information about the process on the City's website. Mayor Cox suggested that a temporary sign be placed at the Glenhaven Way assessment district, indicating that the improvements for the neighborhood were a cooperative effort between property owners and the City. Mayor Cox asked Public Works Director Hopkins to address future road improvements if the government passed an economic stimulus package, and how it would tie in to the proposed work in the Castle Park area. Director Hopkins responded that additional funding would assist with curb, gutter, sidewalk, and wheelchair accessible ramp improvements. Page - 6 Council Minutes February 3, 2009 /e-~ DRAFT PUBLIC HEARING (continued) Deputy City Clerk Bennett announced the results of the ballot tabulation, reporting that 13 ballots were received; of those, 9 were in favor, 3 were opposed, and I ballot did not indicate a yes or a no. Therefore, the proposed assessment district was passed by a majority vote of the residents. ACTION: Deputy Mayor McCann moved to adopt the following Resolution No. 2008-026, heading read, text waived: RESOLUTION NO. 2009-026, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CERTIFYING THE RESULTS OF THE PUBLIC HEARING AND ASSESSMENT DISTRICT BALLOT TABULATION FOR PROPOSED ASSESSMENT DISTRICT NO. 2008-01 (GLENHA VEN WAY), ORDERING THE FORMATION AND ESTABLISHMENT OF SUCH DISTRICT, IMPOSITION OF ASSESSMENTS ON PROPERTIES THEREIN, AND THE CONSTRUCTION OF IMPROVEMENTS RELATED THERETO Councilmember Castaneda seconded the motion and it carried 5-0. OTHER BUSINESS 7. CITY MANAGER'S REPORTS City Manager Sandoval reported that staff had reached closure with CalTrans with its support for placement of the auto dealership sign. He reported an anticipated completion date in late 2009. 8. MAYOR'S REPORTS Mayor Cox announced that the Nature Center Subcommittee would be meeting jointly with the Friends of the Nature Center on Monday, February 9, 2009. at 5:30 p.m. at the Chula Vista Nature Center. 9. COUNCILMEMBERS' COMMENTS Deputy Mayor McCann thanked City Manager Sandoval for making progress on the auto dealership sign. He acknowledged and thanked Councilmember Ramirez for his participation in the successful Technology Subcommittee kickoff meeting, and stated that a report on the meeting would be forthcoming to the Council. He stated that he looked forward to moving forward with discussions on the Chargers relocation in a fair and transparent marmer. Furthermore, he stated that he would not be supportive of the relocation if it was not a benefit to the City. He also stated that on January 16. 2009, he attended a meeting with Mr. Fabiani, Plarming Director Halbert, and City Manager Sandoval to discuss moving forward. and that a Chargers Subcommittee meeting would be scheduled for further discussion. Page - 7 Council Minutes February 3. 2009 IE-7 DRAFT COUNCILMEMBERS' COMMENTS (continued) Councilmember Bensoussan stated that the Third Avenue Streetscape Master Plan would be presented at the Northwest Civic Association Meeting on February 9, 2009, at the Chula Vista Public Library. She announced that the Chula Vista Chamber of Commerce Installation event was scheduled for Friday, February 6, 2009, and that tickets for the event may still be available. Councilmember Castaneda requested that staff draft a City policy regarding usage of City-issued cell phones, and usage of City-owned equipment by staff. Councilmember Ramirez requested that staff provide an update on the road closure for construction on Third Avenue, between Palomar and Quintard Street. He spoke about his recent Public Office Hours meeting that addressed traffic issues related to sidewalk striping, and parking along Monarch. He asked staff to go back to the residents of the neighborhood to get their feedback on ways to resolve some of the issues related to the condition of their neighborhood. Mayor Cox recessed the meeting to convene in Closed Session at 5:32 p.m. CLOSED SESSION 10. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) . Hector Valenzuela v. Alberto Morales & City of Chula Vista, San Diego Superior Court, Case No. GIS25502 No reportable action was taken on this item. 11. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE 54957.6 . Agency designated representatives: Jim Sandoval, Scott Tulloch, Marcia Raskin, Bart Miesfeld, Rod Betts, Maria Kachadoorian, Leah Browder . Employee organizations: CVEA, IAFF, POA, WCE, Mid-Management, Professional and Unrepresented Groups No reportable action was taken on this item. ADJOURNMENT At 5:52 p.m., Mayor Cox adjourned the meeting to the Regular Meeting of February 10, 2009 at 6:00 p.m. in the Council Chambers. " -' ...~ ..~------- - - ------- --Lorraine Bennett, CMC, Deputy City Clerk Page - 8 Council Minutes /e-P February 3, 2009 DRAFT MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA February 10, 2009 6:00 P.M. A Regular Meeting of the City Council of the City of Chula Vista was called to order at 6:01 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL PRESENT: Councilmembers Bensoussan, Castaneda, McCann, Ramirez, and Mayor Cox ABSENT: None ALSO PRESENT: City Manager Sandoval, City Attorney Miesfeld, City Clerk Norris, and Deputy City Clerk Bennett PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY PRESENTATION BY MAYOR COX OF A PROCLAMATION TO BRAD REMP, ASSISTANT DIRECTOR OF PLANNING & BUILDING/BUILDING OFFICIAL, FOR HIS RETIREMENT AFTER 19 YEARS OF DEDICATED SERVICE TO THE CITY OF CHULA VISTA Mayor Cox announced that this item would be moved to the Council Meeting of February 24, 2009. . INTRODUCTION BY FIRE CHIEF DAVE HANNEMAN OF FIRE CAPTAIN ROBERT HILL JR. WHO WAS SELECTED TO RECEIVE THE AMERICAN LEGION MEDAL OF VALOR Fire Chief Hanneman introduced and recognized American Legion Medal of Valor recipient, Captain Robert Hill Jr. Mayor Cox spoke on behalf of the Council and thanked Captain Hill, along with the American Legion for keeping the City a safe place to live. CONSENT CALENDAR (Items 1-6) 1. APPROVAL OF MINUTES of November 25 and December 2,2008. Staff recommendation: Council approve the minutes. Page 1 - Council Minutes February 10, 2009 /;=:-1 DRAFT CONSENT CALENDAR (Continued) 2. RESOLUTION NO. 2009-027, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE CITY OF CHULA VISTA TO PARTICIPATE IN THE STATE AND FEDERAL SURPLUS PERSONAL PROPERTY PROGRAM The City has been notified that its approval to participate in the State and Federal Surplus Personal Property Program has expired. This program allows the City to obtain State and Federal surplus property that is in usable condition at a reduced cost. Adoption of the resolution renews the City's eligibility for participation in the program. (Fire Chief) Staff recommendation: Council adopt the resolution. 3. RESOLUTION NO. 2009-028, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2008/2009 LIBRARY DEPARTMENT BUDGET BY APPROPRIATING ONE-TIME UNANTICIPATED GRANT REVENUE IN THE AMOUNT OF $6,000 FOR THE CHULA VISTA HERITAGE MUSEUM EXHIBIT - HISTORY OF PUBLIC SCHOOLS AND EDUCATION IN THE SOUTH BAY (4/5THS VOTE REQUIRED) The Chula Vista Public Library received a one-time grant award from the County of San Diego Community Enhancement Program in the amount of $6,000 for Fiscal Year 2009 designated for the Exhibit, 'History of Public Schools and Education in the South Bay.' (Deputy City Manager/Library Director) Staff recommendation: Council adopt the resolution. 4. RESOLUTION 2009-029, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AWARDING A PURCHASE AGREEMENT IN THE AMOUNT OF $101,047 TO SAN DIEGO FREIGHTLINER FOR THE REPLACEMENT OF A CEMENT MIXING TRUCK The Fiscal Year 2008/2009 Sewer Fund budget provides for the replacement of a cement mixing truck during its normal replacement cycle. The bid was advertised electronically on Planet Bids and in the Star News on December 5, 2008. Six vendors submitted bids; however, two of the bids were submitted late and not opened, and one bid was for a different model. Based on the three bids accepted, staff is recommending that San Diego Freightliner be awarded the purchase agreement. (Public Works Director) Staff recommendation: Council adopt the resolution. 5. A. RESOLUTION NO. 2009-030, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING CONTRACT FOR THE 'SEA VALE STREET SEWER IMPROVEMENTS (CIP NO. SW-244)' PROJECT TO HTA ENGINEERING & CONSTRUCTION, INC. IN THE AMOUNT OF $189,636 AND AUTHORIZING THE EXPENDITURE OF ALL AVAILABLE CONTINGENCIES AS NECESSARY TO COMPLETE THE PROJECT Page 2 - Council Minutes February 10, 2009 /F-~ DRAFT CONSENT CALENDAR (Continued) 5. B. RESOLUTION NO. 2009-031, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING AN INTERPROJECT TRANSFER FROM EXISTING 'SEWER REHABILITATION FISCAL YEAR 2008/2009 IN THE CITY OF CHULA VISTA (SW-255)' PROJECT, TO 'SEA VALE STREET SEWER IMPROVEMENTS (SW-244)' PROJECT IN THE AMOUNT OF $230,836 TO COMPLETE THE PROJECT On January 7, 2009, the Director of Public Works received sealed bids for the Sea Vale Street Sewer Improvement project which involves the removal and replacement of approximately 830 feet of 8-inch vitrified clay pipe with 8-inch polyvinyl chloride sewer pipe, existing sewer lateral connections, existing sewer manholes and relining of thirteen proposed sewer manholes. (Public Works Director) Staff recommendation: Council adopt the resolutions. 6. RESOLUTION NO. 2009-032, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2008/2009 RECREATION AND NATURE CENTER DEPARTMENT BUDGET BY APPROPRIATING $19,500 IN UNANTICIPATED EXPENDITURES AND REVENUES TO COMPLETE NATURE CENTER ACCESS ROAD REPAIRS FUNDED BY THE UNITED STATES FISH & WILDLIFE SERVICE (4/5THS VOTE REQUIRED) The U.S. Fish & Wildlife Service has awarded a contract to the City of Chula Vista to complete some repairs on the Nature Center access road. The funding for the project ($19,500) is available on a reimbursable basis once the project has been completed. Adoption of the resolution appropriates the required funding on the expenditure side, allowing the City to complete the work, and also appropriates an equal amount on the revenue side to be recognized through the reimbursement when the project is complete resulting in no cost to the City. (Recreation and Nature Center Director/Public Works Director) Staff recommendation: Council adopt the resolution. ACTION: Deputy Mayor McCann moved to approve staffs recommendations and offered Consent Calendar Items 1-6, headings read, text. waived. Councilmember Bensoussan seconded the motion and it carried 5-0. ITEMS REMOVED FROM THE CONSENT CALENDAR There were none. Page 3 - Council Minutes /r'- 3 February 10, 2009 DRAFT PUBLIC COMMENTS Dolores Cabrera, Chula Vista resident, stated that San Diego Gas & Electric (SDG&E) was unwilling to connect the electricity to her new property, located at 725 Main Street, due to broken electrical conduit pipe located under Main Street. She asked the Council to intervene and demand that electricity be provided to her property. Mayor Cox referred the matter to staff. Mike Spethrnan, Chula Vista resident, spoke about the recent tragic loss of a student who was struck by a vehicle on East H Street and fatally injured. He stated that the street was very dangerous, and that this was not the first fatality in the area. He requested that Council direct staff to conduct an analysis of East H Street, and suggested placement of a fence or guard rail, similar to what exists near Bonita Vista High School, at Otay Lakes Road and Bonita Road. Mayor Cox referred the matter to staff. Willard Howard, Chula Vista resident, concurred with the comments made by Mr. Spethman. He also stated that regarding a recent $170,000 legal settlement by the Council to a former City employee who was dismissed by the Council, the Council needed to stand by its decision, rather than to appease because of the threat of a lawsuit. He also encouraged the Council to corne up with funding to avoid a proposed sales tax increase. The following members of the public spoke in support of retaining the Library's STRECH and DASH programs: Veronica Fernlund, Chula Vista resident Estella Fernlund, Chula Vista resident Araceli Lopez, Chula Vista resident Jackie Elbel, Chula Vista resident Barbara Ramirez, Chula Vista resident Guillermo Lopez, Chula Vista resident, representing Chula Vista Neighborhood Watch, asked the Mayor to submit a letter to support the findings by California Energy Commission representative, James Boyd, indicating that the proposed location of the MMC peaker power plant was a mistake. He submitted a document to the Council, illustrating his measurements of the proximity of school facilities and residences to the peaker power plant. PUBLIC HEARING 7. CONSIDERATION FOR ESTABLISHMENT OF THE CHULA VISTA AUTO PARK BUSINESS IMPROVEMENT DISTRICT On January 20, 2009, the Chula Vista City Council adopted a resolution of intent to establish the Chula Vista Auto Park Business Improvement District. The formation of the district will provide a self-funding mechanism to allow for the promotion and marketing of the automobile dealers within the auto park. (Deputy City Manager/Development Services Director) 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. Page 4 - Council Minutes /F-I/ February 10, 2009 DRAFT PUBLIC HEARING (Continued) Principal Economic Development Specialist Ruiz gave a presentation on the Chula Vista Auto Park Business Improvement District. He then read for the record, the following proposed corrections to the proposed ordinance: Section 5.05.060 - Summary of Assessments The total assessment collected from any business under the provisions of the ordinance shall not exceed $6,000.00 per year month. Section 5.05.070 - Eligible Businesses Each new transportation sales business license holder, as defined by the NAIC code numbers in this section, within the confines of one common lot is considered one separate entity for assessment purposes, including those situations when a single person or a corporation owns multiple new vehicle dealerships. For example, if one entity has two or more dealerships on site and has a separate business license for each dealership, that entity would be assessed on each business license issued. If. on the other hand, an entity has multiple dealerships onsite and only has one business license for all of the dealerships, then that entity would be assessed on only one business license. Staffinember Ruiz stated that staff had received comments from three of the five dealerships regarding Section 5.05.040 (Services and Programs) of the proposed ordinance, with the request to withdraw Item C, Employee Parking Shuttle. Staffinember Ruiz stated that staff would support the request to withdraw Item C. Mayor Cox opened the Public Hearing. There being no members of the public who wished to speak, Mayor Cox then closed the Public Hearing. ACTION: Deputy Mayor McCann moved to place the following ordinance on first reading as amended, to reflect the changes for Sections 5.05.040, 5.05.060, and 5.05.070, headings read, text waived: ORDINANCE OF THE CITY OF CHULA VISTA ADDING CHAPTER 5.05 TO THE CHULA VISTA MUNICIPAL CODE, ESTABLISHING THE CHULA VISTA AUTO PARK BUSINESS IMPROVEMENT DISTRICT PURSUANT TO THE PARKING AND BUSINESS IMPROVEMENT AREA LAW OF 1989 AND LEVYING AN ASSESSMENT AND CHARGE THEREIN FOR UPGRADING AND PROMOTING THE AREA (FIRST READING) Mayor Cox seconded the motion and it carried 5-0. OTHER BUSINESS 8. CITY MANAGER'S REPORTS City Manager Sandoval recommended that the Council meeting of February 17, 2009 be cancelled, due to a light agenda. Discussion ensued among the Council about the possible meeting cancellation. Page 5 ~ Council Minutes /r..-5" February 10, 2009 DRAFT OTHER BUSINESS (Continued) ACTION: Deputy Mayor McCann moved to hold the Regular Council meeting on February 17, 2009, and to cancel the regularly scheduled Council Meeting of February 24, 2009. Councilmember Castaneda seconded the motion and it carried 3-2, with Mayor Cox and Councilmember Ramirez opposed. 9. MA YOR'S REPORTS Mayor Cox announced that the City was recently congratulated by the Arbor Day Foundation, for achieving 'Tree City USA' status. She also informed the public that the Department of Motor Vehicles would be closed for business the first and third Friday of every month. She stated she and Councilmember Bensoussan had attended a recent meeting of the Friends of the Chula Vista Nature Center, and that a task force meeting was scheduled to discuss the creation of a sustainability plan for the Nature Center, with the intent to bring back an interim report on the plan to the Council at the end of February.. She announced the recent opening of Ricco's Salon on Third A venue and wished them well. 10. COUNCILMEMBERS' COMMENTS Deputy Mayor McCann congratulated the Chamber of Commerce on its recent installation dinner. He thanked outgoing Chamber President Lourdes Valdez for her service, and he welcomed new Chamber President Chris Boyd. He spoke of the need for revitalization and economic development in the City. He spoke about the recent Technology Subcommittee meeting, which focused on a technology master plan for the City to include E-government initiatives, and to provide public facilities with up to date technology. Councilmember Castaneda announced that the second Energy Subcommittee Meeting was scheduled for February 18, 2009, at 1 :00 p.m., in the Council Chambers, to further discuss the pending water permits for the South Bay Power Plant. He invited the public to attend the meeting. Councilmember Ramirez announced a meeting of the Animal Care Subcommittee on February 11, 2009, at 4:00 p.m., in the City Hall Executive Conference Room, to discuss issues and activities of the animal care facility. He invited the public to participate in the meeting. Councilmember Bensoussan announced that the City was still receiving donations of items such as newspapers and bedding for the Animal Shelters' "Angels for Animals" donation drive, and that a drop off receptacle for the goods was located in the City Hall lobby. She congratulated the Friends of the Nature Center for increased attendance and revenue. She stated that progress was being made to move forward with a sustainability plan for the Nature Center. Mayor Cox recessed the meeting to convene in Closed Session at 6:57 p.m. Page 6 - Council Minutes IF-I:> February 10, 2009 DRAFT CLOSED SESSION 11. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b) Two Cases This item was not discussed and no action was taken. 12. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE 54957.6 Agency designated representatives: Jim Sandoval, Scott Tulloch, Marcia Raskin, Bart Miesfeld, Rod Betts, Maria Kachadoorian, Leah Browder . Employee organizations: CVEA, IAFF, POA, WCE, Mid-Management, Professional and Unrepresented Groups No reportable action was taken on this item. ADJOURNMENT At 8:40 p.m., Mayor Cox adjourned the meeting to an Adjourned Regular Meeting on February 19,2009 at 6:00 p.m. in the Executive Conference Room, and thence to the Regular Meeting on February 17, 2009 at 6:00 p.m. in the Council Chambers. L":."'::- . - ----- ____.-=7 ...",,-.. , -----' Lorraine Bennett, CMC, Deputy City Clerk Page 7 - Council Minutes Ir~? February 10, 2009