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HomeMy WebLinkAboutcc min 2009/01/27 Special Jt rda 6PMMINUTES 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 of Chula 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 Bennett PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY PRESENTATION BY JENNETTE LAWRENCE, DIRECTOR OF GOVERNMENT & COMMUNITY RELATIONS, FAMILY 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 Jenrette Lawrence thanked City staff for their work on the project, in particular Scott Harris and Lou El-Khazen. Mayor Cox announced that Item 12A would be taken out of order and discussed at this time 12. COUNCIL/AGENCY MEMBERS' COMMENTS A. Deputy Mayor McCann -Presentation of Certificates of Recognition to Coach Clark Moses and the Eastlake Panthers Mighty Mite Black Team for their Win at the American Youth Footbal] National Championship. Deputy Mayor McCann recognized the Eastlake Panthers Mighty Mite Black Team for their win at the American Youth Football National Championship. Coach Clazk Moses thanked the Council for acknowledging the team, introduced the coaching staff, and spoke about the team's achievements this past season. Deputy Mayor McCann then presented the students and coaches with Certificates of Recognition. Page 1-Council/RDA Minutes January 27, 2009 CONSENT CALENDAR (Items 1-6) I. 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 l7, 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 JY065O" 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 Engineer/Public 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 aze required in order to complete design for the new bridge. (City Engineer/Public Works Director) Staff recommendation: Council adopt the resolution. Page 2 - Counci]/RDA Minutes January 27, 2009 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/STHS 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 Engineer/Public 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 Pazk 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 pazk, 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) Staff 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 -Council/RDA Minutes January 27, 2009 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 Bazahura, 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 Bazahura, 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. Lavaz 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 pecker power plant and its proposed location. Rich Redmond, Chula Vista resident, spoke in support of the DASH program. Cazlos Lopez, Chula Vista resident, representing Communities Taking Action, spoke in opposition to the MMC pecker 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 yeaz, 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 Salazaz, 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 cazd in support of retaining the DASH program. Page 4 -Council/RDA Minutes January 27, 2009 PUBLIC HEARINGS 7. CONSIDERATION OF APPEAL OF CONDITIONAL USE PERMIT (PCC-08-020) OPERATION OF A REPLANET RECYCLING REDEMPTION CENTER AT 1315 THIRD AVENUE 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 heazing 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 Mazch 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 aHigh-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 project. Page 5 - Council/RDA Minutes January 27, 2009 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 U S. 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 aze the Audited Financial Statements for the fiscal yeaz ended June 30, 2008, as prepazed 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 Yeaz 2007-2008 Financial Statements. Councilmember Castaneda seconded the motion and it carried 5-0. OTHER BUSINESS 10. CITY MANAGER/EXECUTIVEbIRECTOR'S REPORTS There were none. 11. MAYOR/CHAIR'S REPORTS Ratification of the appointment of Steven Lizarraga to the Growth 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 - CounciURDA Minutes January 27, 2009 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 jeopazdy 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 regazding a recommendation for a countywide assessment district where constituents could voluntarily identify solaz 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 Boazd February 11, 2009 Public Hearing regazding 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 dischazge 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 solaz panels. He again thanked Mighty Mite Coach Clazk 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 -Council/RDA Minutes January 27, 2009 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 forwazd 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 tazgeting 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 heazd 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 of Chula Vista v. Marie E. Gutierrez, San Diego Superior Court, Case No. 37-2008- 00074648-CU-PT-SC; Terri Loretz v. City of Chula 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, Mazcia Raskin, Bart Miesfeld, Rod Betts, Mazia Kachadoorian, Leah Browder Employee organizations: CVEA, IAFF, POA, WCE, Mid-Management, Professional and Unrepresented Groups This item was discussed earlier, during Closed Session at the Special Meeting that began at 5:00 p.m. Page 8 - Council/RDA Minutes January 27, 2009 ADJOURNMENT At 7:37 p.m., Chair/Mayor Cox adjourned the meeting in honor of Jay Hazris, to the Regulaz Meeting of February 3, 2009 at 4:00 p.m. in the Council Chambers. Lorraine Bennett, CMC, Deputy City Clerk Page 9 - Council/RDA Minutes January 27, 2009