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HomeMy WebLinkAboutcc min 2009/02/10MINUTES 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 Febnrary 10, 2009 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. 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 1N THE SOUTH BAY (4/STHS VOTE REQUIRED) The Chula Vista Public Library received cone-time grant awazd from the County of San Diego Community Enhancement Program in the amount of $6,000 for Fiscal Yeaz 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 Yeaz 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 Staz 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 awazded 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 ] 0, 2009 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/STHS 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 staffls 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 -Counci] Minutes February 10, 2009 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 Spethman, 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 guazd rail, similaz to what exists neaz Bonita Vista High School, at Otay Lakes Road and Bonita Road. Mayor Cox referred the matter to staff. Willazd Howazd, Chula Vista resident, concurred with the comments made by Mr. Spethman. He also stated that regazding 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 come 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 Bazbaza 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 pecker 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 pecker 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 aself-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 heazing was held on the date and at the time specified in the notice. Page 4 -Council Minutes February ] 0, 2009 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 - Summazy of Assessments The total assessment collected from any business under the provisions of the ordinance shall not exceed $6,000.00 per 3`eaz 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 has one business license for all of the dealerships, then that entity would be assessed on on]y 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 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 February ] 0, 2009 OTHER BUSINESS (Continued) ACTION: Deputy Mayor McCann moved to hold the Regulaz 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. MAYOR'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 Avenue 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 Caze 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 February 1 Q, 2009 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 Regulaz 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. Lorraine Bennett, CMC, Deputy City Clerk Page 7 - Counci] Minutes February ]0, 2009